JJJ Rules 76Chapter IX · Miscellaneous

Section 76 · Abuse and Exploitation of the Child

(1)

Every institution shall evolve a system of ensuring that there is no abuse, neglect and maltreatment and shall include the staff who is aware of what constitutes abuse, neglect and maltreatment,and their early indication and how to respond to these abuses.

(2)

In the event of any physical, sexual or emotional abuse, including neglect of children in an institution by those responsible for care and protection, the following action shall be taken namely :

(i)

the incidents of abuse and exploitation shall be reported by any staff member of the institution immediately to the Person-in-charge on receiving such information;

(ii)

when an allegation of physical, sexual or emotional abuse comes to the knowledge of the Person-in-charge, a report shall be placed before the Board or Committee, who in turn shall, order for special investigation;

(iii)

the Board or Committee shall direct the local police station or Special Juvenile Police Unit to register a case, take due cognizance of such incidents and conduct necessary investigation;

(iv)

the Board or Committee shall take necessary steps to ensure completion of inquiry and provide legal aid as well as counselling to the child victim;

(v)

the Board or Committee shall transfer such a child to another institution or place of safety or fit person,as the case may be;

(vi)

the Person-in-charge of the institution shall also inform the Chairperson of the Management Committee and place a copy of the report of the incident and subsequent action taken in its next meeting;

(vii)

in the event of any other crime committed in respect of children in institutions, the Board or Committee shall take cognizance and arrange for necessary investigation to be carried out by the local police or Special Juvenile Police Unit;

(viii)

the Board or Committee may consult Children's Committee setup in each institution to enquire into the fact of abuse and exploitation as well as seek assistance from voluntary organisations, child rights experts, mental health experts or crisis intervention centres in dealing with matters of abuse and exploitation of children in an institution.

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