CCPCR issues directions in government school rape case
Kamini Mehta | TNN | Dec 19, 2018, 11:46 IST
CHANDIGARH: Nearly a month after deciding the recommendations in the rape case of a Class I government school student, the Chandigarh Commission for Protection of Child Rights (CCPCR) has finally issued letters to the UT education secretary, health services director and the Chandigarh SSP, directing all to take action in the matter.
As per the inquiry, the school head, education department officials and the doctors who examined the girl did not report the matter to the police. Copies of the letters are with TOI.
In November, TOI had reported that the commission has refrained itself from recommending action against the persons in question for delay in reporting the case as suggested in the Juvenile Justice Act and had left it to the concerned authorities to decide the punishment. Notably, this is the first time that the child rights commission has shown leniency in a serious case and not recommended FIR against every person from doctors to school heads and education department officials who did not report the matter to the police as per the Act suggests.
As per the information, this was done because the school authorities were found to be unaware about the law that applied in such a case.
In 2015, CCPCR had acted the other way and recommended FIR against the school management of a private Chandigarh school for delaying to report the molestation case of a pre-primary student. The conductor of the school bus had molested a kindergarten student in the bus. Recently, the Punjab and Haryana high court had directed a lower court to proceed against a the school principal who had failed to act even after knowing about the molestation.
The JJ Act states under Section 19 (1) that any person who has the apprehension that an offence is likely to be committed or has the knowledge that an offence has been committed, should bring the incident to the notice of the special juvenile police unit or the local police. The failure to report such an offence is punishable with imprisonment or fine or both.
Failing to report the commission of an offence under Section 19 (1) or failing to record such offence under section 19 (2) is punishable under Section 21
(2) which states that any person, being in-charge of any company or an institution (by whatever name called) who fails to report the commission of an offence in respect of a subordinate under his control, shall be punished with imprisonment for a term which may extend to one year and with fine.
CCPCR chairperson Harjinder Kaur could not be reached for comment.

As per the inquiry, the school head, education department officials and the doctors who examined the girl did not report the matter to the police. Copies of the letters are with TOI.
In November, TOI had reported that the commission has refrained itself from recommending action against the persons in question for delay in reporting the case as suggested in the Juvenile Justice Act and had left it to the concerned authorities to decide the punishment. Notably, this is the first time that the child rights commission has shown leniency in a serious case and not recommended FIR against every person from doctors to school heads and education department officials who did not report the matter to the police as per the Act suggests.
As per the information, this was done because the school authorities were found to be unaware about the law that applied in such a case.
In 2015, CCPCR had acted the other way and recommended FIR against the school management of a private Chandigarh school for delaying to report the molestation case of a pre-primary student. The conductor of the school bus had molested a kindergarten student in the bus. Recently, the Punjab and Haryana high court had directed a lower court to proceed against a the school principal who had failed to act even after knowing about the molestation.
The JJ Act states under Section 19 (1) that any person who has the apprehension that an offence is likely to be committed or has the knowledge that an offence has been committed, should bring the incident to the notice of the special juvenile police unit or the local police. The failure to report such an offence is punishable with imprisonment or fine or both.
Failing to report the commission of an offence under Section 19 (1) or failing to record such offence under section 19 (2) is punishable under Section 21
(2) which states that any person, being in-charge of any company or an institution (by whatever name called) who fails to report the commission of an offence in respect of a subordinate under his control, shall be punished with imprisonment for a term which may extend to one year and with fine.
CCPCR chairperson Harjinder Kaur could not be reached for comment.
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