Collective deliberation towards care, protection of children with stakeholders

Sensitization programme on collective deliberation towards care and protection of children with stakeholders in Kohima. (Morung Photo)

Our Correspondent

Kohima | September 6

A one-day sensitization programme on collective deliberation towards care and protection of children with doctors of Naga Hospital was held at Naga Hospital Authority, Kohima under the aegis of District Child Protection Unit, Kohima in collaboration with Childline Kohima on September 6. 

 
Medico-legal cases in sexual violence 

Abraham, Assistant Public Prosecutor, Kohima told the gathering that the Criminal law (Amendment) Act 2018, which came into force on 21 April, 2018.

The Act, he said, stipulates punishment of 20 years to life or death sentence for rape of girls below 12 years. He added that the minimum punishment in cases of rape of women has been increased from rigorous imprisonment of 7 years to 10 years.

The Assistant Public Prosecutor said that gang rape of a girl under 12 years of age will invite punishment of jail term for the rest of life or death. In case of rape of girl under 16 years, the minimum punishment has been increased from 10 to 20 years extendable to imprisonment for life and the accused is not even entitled to anticipatory bail in an offence of rape of child less than 16 years of age.

Contrary to other penal code, POCSO Act has an exceptional clause section 29 presumption as to certain offences, which states that an individual accused of sexual offence to children under sec 3/5/7/9 of the Act is guilty unless proven innocent. 

He further informed that the Criminal Amendment Act 2013 has expanded the definition of rape to include all forms of sexual violence—penetration (oral, anal, vaginal) including by any object/weapon/fingers and non-penetrative (touching, fondling, etc).

Overview of legal adoption

Kekuolhounuo, programme officer, State Adoption Resource Agency (SARA) Nagaland gave an overview of legal adoption.

She said that SARA is the executive arm of the state government for promotion, facilitation, monitoring and regulation of the adoption programme in the state.

Stating that SARA functions on the basis of the Juvenile Justice Act and the guidelines of the Central Adoption Resource Authority (CARA) an Autonomous Body under the Ministry of Women and Child Development, she informed that at the state level it comes under the department of social welfare with Child Protection Services as the implementing body.

She added that the competent authority to declare a child (Orphan/abandoned/Surrender (OAS) legally free for Adoption is the Child Welfare Committee (CWC).

The programme officer also informed that there are four Specialised Adoption Agencies (SAA) in Nagaland. These includes Radiant Educational Society, Kohima, Kohima Orphanage & Destitute Home, Kohima, Wondang-Ki Charitable Foundation, Dimapur and John 3:16, Mon.

 “These homes are doing exceptionally well. They not only give children for adoption but some of them also have the provision of providing care and shelter to unwed/single mothers. Therefore there is an option for unwed mother/single mother where they can give away their child to these SAA instead of going for abortion,” she stated.

Stating that the state government has adopted and notified the Juvenile Justice Act, she informed that “as per the JJ Act, if any person or organization offers or gives or receives-any orphan, abandoned or surrendered child for the purpose of adoption without following the provisions or procedures; such person or organization shall be punished with rigorous imprisonment up to seven years or liable to fine of Rs. 1 lakh.”
 
Childline Kohima

Highlighting on activities of Childline Kohima, Neingutuonuo Kulnu, Coordinator, Childline Kohima  said that Childline 1098  is a national 24 hour toll free emergency phone outreach service for children in need of care and protection linking them to services for their  long-term 'care and rehabilitation'.

Any child or concerned adult on behalf of the child can dial 1098 to access 'emergency assistance'. Currently, Childline is operational in more than 570 cities/districts in the country.

Childline offers services like missing children, abused children, runaway children, children needing medical assistance, child labour, street children, differently- abled children and all kinds of children in need of care and protection.