Report 2018

Goa State Commission for Protection of Child Rights

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-- IInnddeexx --

1. Foreword 3

2. Role of GSCPCR 4

3. Statement of Cases 7

a) Cases from earlier Commission

b) Cases in 2015

c) Cases in 2016

d) Cases in 2017

e) Cases in 2018 till March

4. Annual Report 2017 8

5. Workshops

a) Workshop on RTE, Corporal Punishment and Bullying 9

6. Inspections

a) Visit to Apna Ghar 15

7. Meetings

a) National Conference of Indian Academy of Pediatrics at Nagpur 18

8. Suo-motu

a) Inspection at the beaches 19

9. Programmes

a) Release of a video ‘Life is Precious’ 21

10. Amendments & Policy

a) Amendments to Goa Children’s Act 23

b) Mental Health Policy for children and adolescents 23

11. Research 25

12. Press Coverage 26

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FFOORREEWWOORRDD

It is my privilege to present the Annual Report for the quarter January to March 2018.

This is our fourth report of the activities carried out by GSCPCR. Apart from

inspections, suo-motu action and meetings, the Commission has conducted 12

workshops on corporal punishment in 12 talukas under the grant from Sarva Shikhsha

Abhiyan.

The final meeting to incorporate the changes to the draft Mental Health Policy for

children and adolescents was also held.

Commission submitted the amendments of Goa Children’s Act to the Dte. of Women &

Child Development after conducting several meetings with the stakeholders.

The release of the video - ‘Life is Precious’ to address various mental health issues of

children and adolescents was a feather in the cap of this Commission.

The research projects carried out through this Commission is nearing completion and

will be submitted by the selected candidates to our office shortly.

I would like to thank all those people who assisted the Commission in its endeavours

during our tenure. Their guidance and support has helped us to accomplish our goals so

far. My appreciation goes to my Members and office staff who helped me to achieve all

the targets.

Much is still needed to be completed and it is a herculean task but I am sure the next

Commission will take over and complete our dreams to perfection.

Dev Borem Karum!

Dr. (Mrs.) Sushma P. Kirtani, Chairperson GSCPCR

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RROOLLEE OOFF GGSSCCPPCCRR By Dr. (Mrs.) Sushma P. Kirtani,

Chairperson

Goa State Commission for

Protection of Child Rights is an

independent statutory body under the

Commission for Protection of Child

Rights Act, 2005, to protect and promote

child rights in the state in consonance

with the provisions of the constitution of

India and the United Nations convention

on the rights of the child – 1989.

Children are important national human

resource and no nation can reach its

development goals unless appropriate

steps are taken to ensure the growth and

development of children who are

unfortunately also vulnerable to

exploitation and abuse.

Goa has the distinction of being

the first state in India to be declared

child friendly when it promulgated the

Goa Children’s Act, 2003. This in turn

led to the formation of Goa State

Commission for Protection of Child

Rights.

Functions of the Commission:-

Commission basically looks into

the matters relating to children in need

of special care and protection including

children in distress, marginalised and

disadvantaged children, children in

conflict with law, children without

family and children of prisoners and

recommend appropriate remedial

measures. It also periodically reviews

the existing policies, programmes and

other activities on child right and make

recommendations for the effective

implementation in the best interest of

children. It also undertake and promote

research in the field of child rights. It

spreads awareness of safeguards

available for protection of these rights

through its publication, media, seminars

and other available means. The State

Commission has the power to inspect

any Juvenile custodial home, any

institution meant for children under the

control of central or state government or

any other authority including any

institution run by a social organization

where children are detained or lodged

for the purpose of treatment, reformation

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or protection and take up with these

authorities for remedial action if found

necessary. Under the Commission for

Protection of Child Rights Act, 2005

(section 13(1) &(2)) it also examines

and reviews the safeguards provided by

or under any law for the time being in

force for the protection of child rights

and recommend measures for their

effective implementation, inquire into

violation of child rights and recommend

initiation of proceedings in such cases. It

also examines all factors that inhibit the

enjoyment of rights of children affected

by terrorism, communal violence, riots,

natural disaster, domestic violence, HIV,

trafficking, maltreatment, exploitation,

pornography and prostitution and

recommend appropriate remedial

measures. Commission can also

undertake formal investigation where

concern has been expressed by either

children themselves or by person on

their behalf.

Commission’s mandate also

covers inquiry into complaints and take

suo-moto notice of the matters where the

children are deprived and there is

violation of child rights and here there is

non-compliance of police decision,

guidelines or instructions aimed at

mitigating hardship to and ensuring

welfare of the children and to provide

relief to such children. The Commission

while enquiring into any matter have all

powers of the Civil Court trying a suit

under the code of civil procedures 1908

and in particular as a result Commission

can summon and enforce the attendance

of any person and examine him on oath,

receive evidence on affidavit, requisition

of any public record or copy thereof

from any court of office. If the inquiry

discloses violation of child rights of a

serious nature or contravention of

provisions of any law for the time being

in force, the Commission may

recommend to concerned authority the

initiation of proceedings for prosecution

of such other action the Commission

may deem fit against concerned person

and also to grant interim relief to the

victim or the members of his family as

the Commission may consider

necessary.

The complaint may be lodged

with the commission on the grounds of

child labour, child abuse, corporal

punishment, children in need of care &

protection, child beggary, children in

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difficult situation, violation of right to

education, child trafficking, etc. State

Commission also has the function to

inquire into complaints relating to

child’s right to free and compulsory

education under the Commission for

Protection of Child Rights Act, 2005.

State Commission has the power

to examine & review the safeguards for

rights provided by or under this Act and

recommend measures for their effective

implementation.

Complaints that cannot be

entertained by Commission are the

complaints which are vague,

anonymous, illegible & frivolous or

trivial, any matter pending before any

State Commission or any other

Commission duly constituted under any

law for the time being in force, matters

related to civil dispute like property

rights, contractual obligations, matters

related to service matters or industrial

disputes, allegations do not make out

any specific violation of child rights,

matters are sub-judice before a court or

tribunal or competent authority, matters

covered by a Judicial verdict, matter has

already been dealt with by the

Commission, copy of the complaint

addressed to some other authority is

received by the Commission or matters

is outside the purview of the

Commission on any other ground.

Commission has the power to take

suo-moto action in certain cases like it

has received information of a violation

of child rights from media sources like

newspapers, magazines, television, radio

& online media websites or Commission

has got information through anonymous

complaints; phone calls or SMS.

Many times it is the feeling of the

general public that if anything goes

wrong where children are involved

below 18 years state Commission is

responsible for them & should act

immediately & take action against the

accused as the public feels that violation

of child rights come under purview of

state Commission & they should be held

responsible, however Commission can

only work according to its powers and as

per the mandate of the Commission and

the Commission will take all necessary

steps for protection of child rights to the

best of its ability.

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SSTTAATTEEMMEENNTT OOFF CCAASSEESS

CCaasseess ooff tthhee ffoorrmmeerr CCoommmmiissssiioonn CCaasseess hhaannddlleedd bbyy pprreesseenntt CCoommmmiissssiioonn dduurriinngg 22001155

CCaasseess hhaannddlleedd bbyy pprreesseenntt CCoommmmiissssiioonn dduurriinngg 22001166 CCaasseess hhaannddlleedd bbyy pprreesseenntt CCoommmmiissssiioonn dduurriinngg 22001177

RRTTEE –– 1 case

CCaasseess hhaannddlleedd bbyy pprreesseenntt CCoommmmiissssiioonn dduurriinngg 22001188 ttiillll MMaarrcchh

Misc7

35%

Education

315%

Child Labour

420%

Abuse

630%

Miscellaneous

Education

Child Labour

Abuse

Education, 15, 44%

Abuse, 10, 29%

Children for

begging, 2, 6%

Misc 6

18%

Child Labour, 1,

3%

Education

Abuse

Children forbegging

Miscellaneous

Child Labour

RTE, 3, 13%

POCSO, 5, 22%

Child Labour, 1,

5%

Child Marriage,

1, 4%

Corporal Punishment, 3, 13%

Marital dispute,

1, 4%

Trafficking of kids,

1, 4%

Misc, 8, 35%

RTE

POCSO

Child Labour

Child Marriage

CorporalPunishmentMarital dispute

Trafficking ofkids

Abuse, 4, 34%

RTE, 3, 25%

Child Right, 3,

25%

Corporal punihsm

ent, 1, 8%

Cyber crime, 1,

8%

Abuse

RTE

Child Right

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AANNNNUUAALL RREEPPOORRTT 22001177

Annual Report 2017 submitted to Dte. of Women & Child Development on

21/02/2018 to be tabled in the Assembly.

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WWOORRKKSSHHOOPPSS Workshop on RTE, Corporal Punishment and Bullying

Children are the future of our nation.

They need supervision and discipline.

The school environment should be

friendly and nurturing for the child. A

teacher plays a very important role as a

second parent to the child during school

hours. Discipline for students is very

important. Corporal punishment in

schools is a major concern. Students

face bullying in educational institutions,

and cyber bullying has emerged as

another problem. In schools, all forms

of abuse- physical, emotional and

psychological abuse of students need to

be addressed.

Sattari on 22nd January, 2018

Ponda 23rd January, 2018

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Pernem 23rd January, 2018

Mormugao 25th January, 2018

Dharbandora 30th January, 2018

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As a part of the implementation and

monitoring of RTE, Goa State

Commission for Protection of Child

Rights conducted a series of workshops

in the 12 talukas of Goa.

Quepem 8th February, 2018

Canacona 9th February, 2018

\

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Sanguem 14th February, 2018

A grant was received from Sarva

Shiksha Abhiyan to conduct these

workshops. The topics covered were

RTE, Corporal Punishment and

Bullying. The primary teachers of

government and aided schools across

twelve talukas were participants.

The sessions were interactive and the

participants were attentive and took part

in the discussion.

Tiswadi 15th February, 2018

Bardez 16th February, 2018

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Bicholim 21st February, 2018

Salcete 23rd February, 2018

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The Commission has conducted

workshops on Corporal punishment and

Laws related to children for PTA of

primary schools in both the districts of

Goa. Last year, workshops on Corporal

Punishment for Headmasters of all

schools across Goa were conducted

under the same grant from Sarva

Shiksha Abhiyan.

Workshops on Right to Education and Corporal Punishment

Sr.

No.

Date Venue Name of ADEI No. of

teachers

attended

Name of

Member

Name of Resource Persons

1 22.01.18 Sattari Rohidas S. Gaude 201 Carmelina

Franco

Falguni

Shet

Adv. Emidio

Pinho

2 23.01.18 Ponda Pushpa S Borkar 176 Sujata

Bhatkar

Falguni

Shet

Adv. Emidio

Pinho

3 24.01.18 Pernem Narendra Naik 95 Cyanna

Hoogewerf

Manohar

Angalgi

Adv. Emidio

Pinho

4 25.01.18 Vasco David Noronha 110 Carmelina

Franco

Manohar

Angalgi

Adv. Emidio

Pinho

5 30.01.18 Dharbandora Niranjan Naik 82 Carmelina

Franco

Seema

Bhande

Adv. Emidio

Pinho

6 08.02.18 Quepem Pandurang Dessai 188 Carmelina

Franco

Maria

D’mello

Adv. Emidio

Pinho

7 09.02.18 Canacona Lourenco Pereira 189 Carmelina

Franco

Prafullata

Naik

Adv. Emidio

Pinho

8 14.02.18 Sanguem Suresh G.

Lotlikar

79 Sujata

Bhatkar

Vithal

Aawandekar

Adv. Emidio

Pinho

9 15.02.18 Tiswadi Shaikh Nurudin 83 Cyanna

Hoogewerf

Ganga

Sirsat

Adv. Emidio

Pinho

10 16.02.18 Bardez Sangeeta

Mandrekar

211 Carmelina

Franco

Manohar

Angalgi

Adv. Emidio

Pinho

11 21.02.18 Bicholim Sarveda Gaonkar 255 Carmelina

Franco

Manohar

Angalgi

Adv. Emidio

Pinho

12 23.02.18 Salcete Pradnya Kunde 161 Carmelina

Franco

Prafullata

Naik

Prachi

Khandeparkar

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IINNSSPPEECCTTIIOONNSS Visit to Apna Ghar

A team comprising Dr. Sushma Kirtani,

Chairperson, and members of GSCPCR,

Dr. M. R. K. Prasad and Cyanna

Hoogewerf visited Apna Ghar on 21st

March 2018. The members reached

Apna Ghar at 3.00 p.m.

There were 23 children in Apna Ghar,

out of which 9 are girls, 13 boys and one

toddler from CWC, 2 boys from JJB.

They are studying in the Government

Primary School conducted by Sarva

Shiksha Abhiyan.

Dr. Sushma Kirtani and Dr. Prasad

interacted with the younger girls below

the age of 12 years and Cyanna

interacted with girls above 12 years.

None of the girls wanted to go back

home as they all say that they would not

be treated well. They are interested in

studying. Two girls expressed their

desire to become dancers and one want

to become a doctor. They are looking

forward to attend boarding school.

During the interaction, it was learnt that

they were taught Hindi, English, and

Mathematics during their stay at Apna

Ghar. They informed that there is a

shortage of water and they do not get

any hot water for bath. They wash their

own clothes. They were given two sets

of uniform. Their uniforms are not very

clean. They had no problems regarding

food or their stay. They are given a cup

of milk, vegetarian and non-vegetarian

food, sweets on festive occasions.

We interacted with the care takers and

the counselor for the girls section. They

informed us of the water shortage, which

was the reason that they could not use

the geysers for hot water. The washing

machines have been provided but there

are no electric points.

We visited boys section. The boys were

occupied with craft activities. The intern

and the caretaker were supervising them.

After inspecting the entire premises the

following observations were made:

1. Water shortage is severe. As per

their estimate, they require at least

4 tankers per day and they

sometimes get one tanker with

great difficulty. Deputy Director

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informed that he had written to

GSIDC and PWD about water

problem and requested them to

check the with problem with

water pipe line and he received no

response.

2. Netlon for windows is required

3. No Television is provided for the

children.

4. Washing machines have been

purchased but these cannot be

used as there are no power points

for the same and also due to the

inadequate water supply using

these machines is doubtful.

5. At present five interns are

working with the children. They

are appointed for one year term.

6. There is no permanent male

counselor.

7. A weekly time table for girls is

prominently displayed

8. Both the dormitories for boys and

girls have an open corridor which

overlooks a courtyard. This is

hazardous as there are no safety

grills or fencing. One of the boys

was sitting quite close to the wall

and the counselor and intern

mentioned that sometimes they

threaten to jump from that wall to

the open area below.

9. The entire building is completely

covered with roofing sheets and

there is no cross ventilation. It is

very hot specially in the

afternoons and in the summer it

will be hot and humid for the

children.

10. In all the rooms instead of ceiling

fans, there are fixed wall mounted

fans which are generally used in

industrial areas. It is very noisy

and it is difficult for the

instructors to communicate with

the children.

11. The electric bulbs have fused and

very few are functioning. There

are no lights working in the

dormitories.

12. There is no provision for a

generator and no emergency lights

are available.

13. The office of the Deputy Director

needs urgent repairs.

Discussion with the Deputy

Director

Mr. Arlekar. Deputy

Director, Apna Ghar, was aware

of all the observations made by

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the team. He has written to

P.W.D. and GSIDC regarding the

problems faced with the water

shortage. He requested them to

check the water pipeline.

However, there is no response yet.

He was of the opinion that

if all the departments dealing with

children (DWCD, CWC, JJB,

GSCPCR, should function in the

premises of Apna Ghar.

Activities

1. B Books – Mobile library is

regularly providing children

with reading material. The

volunteers also give the

children some cooking tips and

they are teaching children to

make simple and tasty items as

per their choice.

2. Craft work is conducted

regularly for girls and boys.

Girls are taught paper quilling

and make earrings which are

sold. The money received is

used to buy more material.

3. Yoga classes are conducted

twice a week separately for

boys and girls.

4. Zumba classes are held for

girls. The videos are shown to

them on youtube on the laptop.

5. The children taught gardening

and they are looking after

several fruit and flower plants.

Recommendations

1. One male counsellor should be

appointed on a permanent basis.

2. Playground for the children

should be provided. Presently

there is only an open space with

no sport facilities. The ground has

to be leveled.

3. There should be educational

facilities for higher secondary

students as currently they are in

the Government Primary School

in the Apna Ghar premises.

4. As there is a shortage of water,

children cannot be taught

extensive gardening skills

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MMEEEETTIINNGGSS National Conference of Indian Academy

of Pediatrics at Nagpur

Chairperson, Dr Sushma Kirtani, was

invited to talk on “Child rights issued in

the era of globalisation role of UN,”

during the Medico legal CME at the

National Conference of Indian Academy

of Pediatrics at Nagpur.

She explained the rights of children

according to the Indian Constitution and

focused on important issues like child

labour, children living on the streets,

sexual exploitation of children through

trafficking and abuse.

The work done by UN in the last two

decades, its impact on the lives of

children across the globe, and articles

covering child rights were also a part of

this presentation.

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SSUUOO--MMOOTTUU AACCTTIIOONN Inspection at the beaches

The Commission took suo-motu

action regarding the news article in the

Times of India about minor children

who were begging and involved in sale

of radium bangles and other items. The

Chairperson and Sujata Bhatkar,

Member, went for an inspection of

Candolim, Calangute and Baga beaches.

The visit to Candolim beach was

at 8.00 p.m. The entry to the beach was

dark as there was no electricity. This

was a risk not only to children but also

for adults. There was no police deployed

or any kiosk for police to assist anyone

needing help. Some local tourists and

foreigners and were dining in the shacks.

There was no evidence of children

begging or selling stuff on the Candolim

beach.

A visit to Calangute beach

followed, but here too there were no

children around. At the entry to the

beach, the team met Mr. Tilve, the

police constable on duty. He was very

cooperative and informed that there are

about nine police personnel deployed at

Calangute beach. Of these, two are lady

constables. They work on shift duty

from 9 am to 2 am. The lady constables

leave by 9:30 pm. Two police are

patrolling with rifles on the beach, one at

the entrance and one at the kiosk at any

point of time. Thereafter, from 2am,

there is a police jeep patrolling the area.

Mr. Tilve informed that a few days ago,

several children had visited the coastal

belt at North Goa and were begging and

selling radium bangles, peanuts, etc.

After the police took strict action, due to

fear, many have stopped coming there

and there is complete control of the

situation.

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Thereafter, the team visited Baga

beach at 10:45pm but did not find any

children around selling stuff on the

beach. However, they spotted two young

children walking alone unattended by

adults. The younger boy had a begging

bowl in his hand and elder boy with one

radium wand. A constable in civil

clothes took the children to the life

guard station. He informed the team that

when the children see them in uniform

they run away. The elder child informed

that he is from Kolhapur. He does not

attend school and is in Goa with his

mother.

The PSI of Baga Police Station

was contacted by Police Constable, Mr.

Ashok More, informing him what needs

to be done about the children. The PSI

said they would track the mother and

decide whether to produce them before

CWC and admit them to Apna Ghar.

The PSI later informed that they found

the mother begging in another area and

the children were handed over after

giving her a warning. This was reported

by the police constable to the GSCPCR

on the following Monday.

Subsequently, it was learnt that

Baga beach also has police personnel (4

men/2 women police constables) on shift

duty. Two policemen patrol the beach

with rifles. Initially, there were about

25-30 children begging in groups but

after strict action was taken, there are

hardly any now. The police constable

informed that many a time if they find

such children, some foreigners intervene

to release them. Hence, it is not possible

for them to take action regarding such

minors and they have to leave them with

strict warning.

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PPRROOGGRRAAMMMMEESS Release of a video ‘Life is Precious’

Goa State Commission for Protection of

Child Rights as an endeavour to create

public awareness on suicide prevention,

prepared a video on Mental Health

issues in children and adolescents.

The video ‘Life is Precious’ is in

Konkani and Hindi with subtitles in

English.

On 28th February 2018, the video was

released by Adv. Subhalaxmi Naik at a

programme held at the Secretariat,

Seminar hall, Porvorim, Goa.

The Director of Education, Mr G.P. Bhat

was Guest of Honour. He assured that he

would arrange to circulate the video

through the Department of Education to

schools across Goa.

At the programme, the video was

screened for the special invitees and the

child artistes were presented with

certificates of appreciation.

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The child artistes were Om

Khandeparkar, Aarya S. Redkar, Anuj S.

Poyekar, Gayatri Ramchandra

Satardekar, Naija Manojkumar Ghadi,

Rishit Rajendra Bagkar and Yash K.

Bhangle.

They were trained and directed by

Anagha Deshpande and Sandip

Deshpande respectively, of Abhivyaktee

Foundation.

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AAMMEENNDDMMEENNTTSS && PPOOLLIICCYY Amendments to Goa Children’s Act

The Commission carried out a series of

discussions during 2017 with

stakeholders for their views and

suggestions, on amendments to the Goa

Children’s Act.

A draft report was forwarded to the

Department of Women and Child

Development for further action

incorporating the views and proposed

amendments from various stakeholders.

Mental Health Policy for children and adolescents The GSCPCR has prepared a draft

Mental Health Policy for children and

adolescents in the State of Goa.

Meetings were held with stakeholders in

child rights, mental health professionals,

psychologists, and media, for their views

and suggestions.

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The topics covered were:

I Introduction Dr Rajesh Dhume, Senior

Psychiatrist, District Health

Services, North Goa.

II Settings and Contexts Requiring

Mental Health Care for Children

Dr Doreen Dias, Senior

Psychiatrist, District Health

Services, South Goa and Dr

Anil Rane, Psychiatrist and

President, Psychiatric

Society of Goa

III Identification and Management of

Mental Health Problems in Children

Dr Ashish Srivastava,

Lecturer, IPHB.

IV Mental Health Needs in Children in

Institutions

Percy Cardozo,

Psychologist, Sangath.

V Suicidal Behaviour in Children

Comprehensive Media Guidelines For

Reporting Suicide

Dr Peter Castelino,

Psychiatrist - Director,

COOJ Mental Health

Foundation.

Prakash Kamat Senior

Assistant Editor, “THE

HINDU”

VI Mental Health Issues in Children with

Substance Abuse

Dr Rajesh Dhume, Senior

Psychiatrist, District Health

Services, North Goa.

VII Mental Health Issues in Physically

Challenged Children

Dr Elyska Desa, Junior

Junior Pediatrician in

Developmental and

Behavioural Pediatrics

(DEIC) and Dr Doreen

Dias, Senior Psychiatrist,

District Health Services,

South Goa

VIII Mental Health Issues in Children with

Psychosocial Disabilities

Dr Ravindra Agrawal,

Psychiatrist and Secretary,

Psychiatric Society of Goa

IX Mental Health Issues in Children who

are victims of abuse/at risk

Adv. Emidio Pinho,

Co-ordinator, SCAN Goa

The draft Mental Health Policy, for the

State of Goa was uploaded for public

viewing and recommendations.

The efforts of the Commission were

appreciated and acknowledged on the

website. Several individuals have given

a positive feedback.

RREESSEEAARRCCHH

The research studies – Major Research by Mr. Peter Borges of Human Touch

Foundation and Minor Research by Mrs. Madhura Joshi of Antarman (Centre for

Psychosocial Well Being) are in progress and nearing completion. The Antarman have

submitted the first periodical progress report, statement of expenditure and utility report

of funds allotted to them. The Commission has reviewed the report and released the

next installment of the balance grant. The Major research project as per Mr. Peter

Borges is almost near completion and he had requested the Commission to change the

budget heads to utilize the funds which was granted to him.

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PPRREESSSS CCOOVVEERRAAGGEE

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Goa State Commission for Protection of Child Rights 3rd Floor, Sakhardande Apartments, Dr. Dada Vaidhya Road, Panaji, Goa 403001

Phone No. 0832- 2421870 Email: sect-scpcr.goa@nic.in

Visit us on : www.gscpcr.goa.gov.in