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The Goa Children's Act, 2003

(Goa Act 18 of 2003)

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(a) ["Special officers"] means officers that are appointed as such under the provisions of this Act;

(b) "A care giver" is a person who is responsible for looking after the well being of the child. This person may be a staff member of any residential facility for children, an employee of an educational institution, a nursery, crèche, a clinic, a hospital, a sports club, a recreational facility or an employee of any facility which provides services to children;

(c) "A place of care" of children are all the places mentioned in clause (b) and any other place which is a place for the care and custody of children;

(d) "Child" means any person who has not completed eighteen years of age unless any other law in force specifies otherwise or unless otherwise indicated in specific provisions in this Act;

(e) "Child in case of child labour", shall be a person who has not completed his fourteenth year of age;

(f) "Children's Home" means an institution, whether called an orphanage, home or by any other name and where one or more children reside, either fully or partly [and shall include all crèches, boarding schools, orphanages, protective homes and hostels which provide for care or custody or education or rehabilitation of a child";]

(g) "Chief Secretary" means the Chief Secretary to the Government of Goa;

(h) "Children's Court" means the Court constituted under section 27;

(i) "Competent authority" means the Secretary to the Government in charge of the Department of Women and Child Development;

(j) "Child labour" means all forms of labour involving children below the age of fourteen;

[(jj) "commercial sexual exploitation of children" means all forms of sexual exploitation of a child including visual depiction of a child engaged in explicit sexual conduct, real or stimulated, or the lewd exhibition of the genitals intended for sexual gratification of the user, done with a commercial purpose, whether for money or kind. It includes implying, allowing, using, inducing or coercing any child to engage in sexual conduct, it also includes the use of the child in assisting with other persons to engage in explicit sex;]

(k) "Certificate" means the certificate of registration granted under section 6;

(l) "Child in need" means all children including those whose rights are being violated or who need special attention and/or protection and shall include, for the purposes of this Act:-

(i) Child in need of care and protection and juvenile in conflict with law as defined in the Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000).

(ii) Child labour;

(iii) Street Children;

(iv) A child who has been dedicated;

[(v) omitted

(vi) omitted]

(vi) A child in a Home, registered or otherwise;

(vii) [Omitted vide Act 20 of 2005.]

(viii) A child in foster-care;

(ix) Child in situation of abuse;

(x) A differently abled child;

(xi) Children of prisoners;

(xii) Children of commercial sex workers;

(xiii) A child who is vulnerable;

(xiv) A child whose parents are separated or divorced;

(xv) A child who has an illness or disease or ailment which has a social stigma attached to it e.g. HIV, Leprosy.

[(ll) "child in difficult circumstances" means a child in need which is exposed to or is likely to be exposed to child abuse or sexual offences or child trafficking or commercial sexual exploitation or violation of his or her rights;]

(m) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which includes any of the following:-

(i) psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;

(ii) any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being;

(iii) unreasonable deprivation of his basic needs for survival such as food and shelter; or failure to immediately give medical treatment to an injured child resulting in serious impairment of his growth and development or in his permanent incapacity or death;

(n) "Dedication" means the performance of any act or ceremony by whatever name called, by which a girl child is dedicated to the service of any deity, idol, object of worship, temple, other religious institutions or places of worship;

(o) "Director" means the Director of the Directorate of Women and Child Development;

(p) "Fund" means the State Children's Fund constituted under section 14;

[(pp) "Government or State Government" means the Government of Goa;]

(q) "guardian" in relation to a child means his natural guardian or any other person who is legally authorised for the purpose of having the actual charge or control over the child;

(r) "High risk" areas means those areas in which children are vulnerable to exploitation as notified by the Government in the Official Gazette;

(s) "Offence" means an act or omission made punishable under any law for the time being in force;

[(t) "medical authority" means such authority as notified by the Government by order or notification published in the Official Gazette and whose certificate on the age of a child shall be conclusive evidence as to the age of the child to whom it relates;]

(u) "prescribed" means prescribed by rules under this Act;

[(uu) "principle of best interest of child" means the principle which seeks to ensure the physical, emotional, intellectual, social and moral development of the child, and to provide him safe environment from all kinds of child abuse;"

(uv) "rape" means rape as defined in section 375 of the Indian Penal Code, 1860 ( Act V of 1860);]

(v) "registered children's home" means a children's home which has been registered under this Act;

(w) "Secretary" means the Secretary to the Government in charge of the Department of Women and Child Development;

(x) "Sexual Offence" covers all forms of sexual abuse which constitute offences under this Act;

(y) 'Sexual offences' for the purposes of awarding appropriate punitive action means and includes,-

[(i) "Grave Sexual Assault" which covers different types of intercourse; vaginal or oral or anal, use of objects with children, forcing minors to have sex with each other, deliberately causing injury to the sexual organs of children, making children pose for pornographic photos or films, and also includes rape;]

(ii) Sexual Assault which covers sexual touching with the use of any body part or object, voyeurism, exhibitionism, showing pornographic pictures or films to minors, making children watch others engaged in sexual activity, issuing of threats to sexually abuse a minor, verbally abusing a minor using vulgar and obscene language;

(iii) Incest which is the commission of a sexual offence by an adult on a child who is a relative or is related by ties of adoption.

(z) "child trafficking" means the procurement, recruitment, transportation, transfer, harbouring or [receipt of children] legally or illegally, within or across borders, by means of threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of giving or receiving payments or benefits to achieve the consent of a person having control over another person, for monetary gain or otherwise.

(za) 'Differently Abled Children' includes children with disabilities, learning difficulties and associated disorders like Autism.

[(zb) The words "complaint", "bailable offence", "non-bailable offence", "cognizable offence", "charge-sheet", "police report", "warrant", "search warrant", "remand", "trial", "Judicial Magistrate", "District Magistrate", "offence", "compounding", "officer in charge of Police Station" and "Cognizance" shall have the same meaning as assigned to them under the Code of Criminal Procedure, 1973 (Act 2 of 1974).]

(a) any hostel, etc., directly regulated by a recognised educational institution;

(b) any school, home, or any other institution for children which is recognized by any other Act in force in the State;

(a) Supervision and control generally of all matters relating to the management of homes in accordance with the provisions of this Act.

(b) [Checking the applications of those parties who have applied for registration and inspecting the institutions before making a recommendation to the Director;]

(a) all forms of hazardous employment as defined in the Child Labour (Prohibition and Regulation) Act, 1986;

(b) all forms of non-hazardous employment as defined in the Child Labour (Prohibition and Regulation) Act, 1986 (Act 61 of 1986) and Goa, Daman and Diu Shops and Establishments Act, 1973 (Act No. 13 of 1974) [* * *];

(c) all forms of domestic employment, meaning employment in households, doing work of a domestic nature, either temporarily, permanently, piece-rated or part time;

(d) all forms of self employment meaning labour such as rag picking, plastic bag selling, nut selling, running errands, carrying load of shoppers etc.

(a) for all forms of hazardous employment, a fine of Rs. 50,000/- (Rupees fifty thousand only) with simple imprisonment of one year for the employer;

(b) for all forms of non-hazardous employment, a fine of Rs. 25,000/- (Rupees twenty five thousand only) and simple imprisonment of three months for the employer;

(c) for all forms of domestic labour, a fine of Rs. 50,000/- (Rupees fifty thousand only) for the person employing the domestic child labour;

(b) No child shall be allowed to enter any room of any hotel or establishment which provides boarding or lodging or any similar facility unless the child is registered as staying in that room with family, relatives or person related by blood:

(c) All Hotels and other establishments which provide boarding or lodging or any similar facility shall ensure that no child has access to any internet facilities which are not fitted with filters and to any objectionable material including through film or videos, disc-players, cable or any other medium provided by that establishment.

(d) The Owner and the Manager of the hotel or establishment shall be held solely responsible for any [contravention] of this section.

[(e) Whoever fails to comply with or contravenes the provisions of this sub-section shall be liable for punishment with imprisonment for a term which may extend to three years and a fine which may extend to Rs. 1,00,000/-.]

(a) when there is trading, i.e. selling children;

(b) when a pregnant mother executes an affidavit of consent for adoption for a consideration;

(c) when a person, agency, establishment or child-caring institution recruits women or couples to bear children for the purposes of child trafficking;

(e) when a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or any other person creates birth records for the purpose of child trafficking; or

(f) when a person engages in the act of finding children among low-income families, hospitals, clinics, nurseries, day-care centres, or other child-caring institutions, who can be offered for the purposes of child trafficking;

(a) The creation of a Child Friendly Society;

(b) Preparing and implementing a systematic plan for spreading awareness amongst different groups, mobilization action and dialogue within civil society on Child Rights;

(c) Develop a capacity development strategy for the progressive implementation of Child Rights covering amongst others the training of teachers, police, judiciary, [prosecution] etc.;

(d) Review all State Legislations, Rules, Orders, Notifications, Schemes and all other provisions pertaining to children and recommend necessary amendments therein, to ensure that the Rights of the Child are protected;

(e) To monitor the implementation of the Convention on the Rights of the Child;

(f) To ensure that children become fit citizens and that all children are given the opportunity and encouraged to learn and develop thinking and participatory skills as well as skills of developing and articulating ideas;

(g) Set up a mechanism to hear complaints from child victims;

(h) Establish norms for good parenting and evolve a strategy for achieving this.

(i) undertake and promote research in the field of Child Rights;

(j) Prepare disaggregated data on all children in Goa in terms of category, age, sex, etc.

(k) Examine the situation regarding children particularly the status of the girl child, assess the reasons for discrimination and recommend strategies for their removal;

(a) non-adherence to or [contravention of the provisions of sections 3, 4 and 5 of this Act and the rules made thereunder.]

(b) If the Competent Authority is satisfied, after considering the facts and for reasons to be recorded in writing, that any act of omission or commission constitutes a non-adherence to or [contravention] of any of the provisions of this Act including those in Section 3.

(a) to dismiss the [representation or petition];

(b) direct the person or persons to take such steps as may be necessary in the best interests of the child;

(c) [omitted].

(d) refer the matter to any other authority including the Police;

[(dd) may pass an order in the interest and welfare of the child including to place the child in a children's home, boarding school or other safe place.]

(e) any other action the Competent Authority may deem fit and necessary including calling the person(s) for a personal hearing and directing that a child be removed:

(a) by giving or tendering the notice to such person; or

(b) if such person is not found, by leaving such notice at his last known place of abode or business or by giving or tendering the same to some adult member or servant of his family; or

(c) if such persons does not reside in the local area and his address elsewhere is known to the local authority, by sending the same to him by post, registered; or

(d) if none of the means aforesaid be available, by affixing the same in some conspicuous part of such place of abode or business.

(b) on a report or charge-sheet made by the police.]

(a) the Court of Sessions under the Code of Criminal Procedure, 1973 (2 of 1974);

(b) a Civil Court for the purpose of summoning and enforcing the attendance of witnesses, compelling the discovery and production of documents and material objects, and administering oath and recording evidence.

[(a) [omitted]

(c) [Omitted]]

(c) Avoidance of harm. - At all stages, from the initial contact till disposition, extreme care shall be taken to avoid any harm to the sensitivity of the child.

(d) Principle of Best interest. - This principle seeks to ensure physical, emotional, intellectual, social and moral development of the child, so as to make him a useful and good citizen by ameliorating the impediments to healthy development.

(e) Principle of non-stigmatizing semantics, decisions and actions. Non-stigmatizing semantics must be strictly adhered to, and the use of adversarial or accusatory words, such as, arrest, remand, accused, charge sheet, trial, prosecution, warrant, summons, conviction, inmate, delinquent, neglected, custody, etc., is prohibited in the processes pertaining to the child under this Act.

(f) Principles of non-waiver of rights. - No waiver of rights of the child, whether by himself or the competent authority or anyone acting or claiming to act on behalf of the child is either permissible or valid. Non-exercise of a fundamental right does not amount to waiver.

(h) Principle of equality. - Equality of access, equality of opportunity, equality under the said Act, is guaranteed to the child; and as such there shall be no discrimination on the basis of age, sex, place of birth, disability, race, ethnicity, status, caste, cultural practices, work, activity or behaviour of the child or that of his parents or guardians, or the civil and political status of the child.

(i) Principle of right to privacy and confidentiality. - The child's rights to privacy and confidentiality shall be protected by all means and through all stages of the proceedings.

(j) Principle of Fresh Start. - The principle of fresh start promotes new beginning for the child by ensuring erasure of his past records.

(k) Principle of last resort. - Institutionalisation of a child will be the last resort after reasonable enquiry and that too for the minimum possible duration.

(l) Burden of Proof. - Whenever any offence is alleged to have been committed against a child, the burden of proving that such offence has not been committed by the accused [shall lie on the accused if the child was in his custody at the time of his arrest or at the time of committal of offence or at the time of rescue or removal of the child victim, as the case may be.]

(m) Procedure for Children's evidence. - Whenever a child [who is a victim of a crime or a witness to a crime] is required to depose before any authority including this Court, the child shall not be exposed to the presence of the accused or the [perpetrators of the crime but the Advocate for the accused shall be allowed to be present.]

(n) Cross examination of child witness. - Whenever there is a need to cross examine a child witness, care shall be taken to see that the tender age or in case of a victim, the psychological condition of the child is taken into consideration and the Children's Court may adopt such procedures which are fair and suitable to the child.

(o) Deposit of fine prior to trial. - Whenever the offence alleged involves a fine, in order to ensure the attendance of the accused during the proceeding and compliance of the Court's directives and others thereafter, the Court may direct the accused [to deposit, in cash, any amount as deemed fit by the Children's Court and his or her passport] at the beginning of the trial itself.

(a) Child victims/witnesses are informed of their role in regard to court proceedings;

(b) Their views are allowed to be heard and respected;

(c) Inconvenience to them is minimized and their privacy is respected;

(d) Delays in the proceedings are reduced;

(e) Aggressive questioning or cross examination of child victims is avoided and the same, if necessary, is done through the judge;

(f) Provisions are made for trials in camera;

(g) The identity of the child victim is protected;

(h) Child victims are prepared for the judicial process and prosecution of alleged abusers is not rushed if a child is not ready to go to court;

(i) The investigator ascertains the need for medical examination of the child victim and when examination is undertaken, ensures that multiple re-examination is avoided;

(j) The medical examination should be conducted in the presence of the parent/guardian and social worker/counsel or as far as possible;

(k) Child's [testimony or statement] should be recorded in the presence of a social worker/counsellor as early as possible after the abusive incident with other witnesses at hand;

(l) Adequate translation/interpretations and translators/interpreters who are sensitive to the children's needs should be provided wherever needed.

(m) In case of a mentally challenged child, the competent service provider should depose on behalf of the child;

(n) The special needs of the child victims/witnesses should be catered for. These should include the following:-

(i) Enable children to familiarise themselves with the court surroundings;

(ii) Inform children of the different roles of the key persons at court, such as the judge, the defence lawyer and the prosecutor;

(iii) Inform the court of the special needs of children in general and of individual children in specific cases;

(iv) Help children to be comfortable in the proceedings;

(v) Encourage questionings to be short and clear so as not confuse child witnesses;

(vi) Permit children below eight years of age to respond to leading questions facilitated by a social worker.