Information in relation to the guidelines for sexual abuse as required under Rule 31 of the Juvenile Justice Rules, 2007 & action taken by Ministry of Women & Child Development on Delhi Government’s letter - CIC: provide specific & complete reply
26 Apr, 2014Facts:
1. The appellant, Shri Yogesh Kumar, has submitted RTI application dated 12 September 2012 before the Central Public Information Officer (CPIO), M/o Women & Child Development, New Delhi; seeking information in relation to the guidelines for sexual abuse as required under Rule 31 of the Juvenile Justice (Care & Protection of Children) Rules, 2007 and action taken by Ministry of Women & Child Development on Delhi Government’s letter through total of 2 points.
2. Vide order dated 24 September 2012, Section Officer(CWII) informed the appellant that CWII Section of that Ministry had not formulated any guidelines under Rule 31 of the J.J. (Care & Protection of Children) Rules, 2007. However, the appellant’s RTI application was forwarded to the other Ministry /Section concerned to provide the requisite information, if any, to the appellant. Not satisfied by the said reply on point no. 2, the appellant preferred appeal dated 18 October 2012 to the first appellate authority (FAA). Vide order dated 23 November 2012, the FAA furnished the information sought in point No. 2 to the appellant.
3. Being aggrieved and not satisfied by the above response of the public authority, the appellant preferred second appeal before the Commission.
4. The matter was heard today via videoconferencing. Shri Pankaj Gupta on behalf of the appellant was present and made submissions in person. The respondents, Shri Ashi Kapoor, CPIO/Deputy Secretary, and Shri Anurag Kumar, made submissions in person.
5. The appellant sought information regarding Rule 31 of the Juvenile Justice (Care and Protection of Children) Rule 2007Guidelines for prevention of sexual abuse of children.
6. The CPIO submitted that the public authority had not formulated any guidelines for prevention of sexual abuse of children as the Protection of Children from Sexual Offences Act of 2012 (POCSO) has come into effect on 14/11/2007 which includes the guidelines for prevention of sexual abuse of children and the same can be accessed by the appellant on www.wcd.nic.in In second point of the RTI application regarding the letter written by the Delhi Government to the public authority, it was submitted that, copy of the file notings have been provided to the appellant.
Decision Notice
7. The Commission directs the CPIO to provide specific and complete reply to the appellant within one week while intimating the outcome of the consultations with Ministry of Human Resources Development, if any.
(Manjula Prasher)
Information Commissioner
Citation: Shri Yogesh Kumar v. Ministry of Women & Child Development in Appeal: No. CIC/DS/A/2013/000342/MP