Dcpcr guidelines for the prevention of child abuse in india

1
GUIDELINES FOR THE PREVENTION OF
CHILD ABUSE [DRAFT]
Facilitated By
THE DELHI COMMISSION FOR PROTECTION OF CHILD
RIGHTS
FOR
THE DEPARTMENT OF WOMEN AND CHILD
DEVELOPMENT, GOVT OF NCT OF DELHI

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TABLE OF CONTENTS
LIST OF ABBREVIATIONS 5
IMPORTANT WEBSITES AND NUMBERS 6
FOREWORD 7
INTRODUCTION 10
EXISTING CONSTITUTIONAL & LEGAL FRAMEWORKS 12
CURRENT MEASURES TO COMBAT CHILD ABUSE 15
NEED FOR PREVENTIVE GUIDELINES 18
RATIONALE BEHIND THE GUIDELINES 19
SCOPE OF THE GUIDELINES 20
PROPOSED GUIDELINES FOR THE PREVENTION OF CHILD
ABUSE 21
Framework of the Guidelines 21
CHAPTERS 21
CHAPTER I 22
PRELIMINARY 22
CHAPTER II 25
GUIDING PRINCIPLES 25
CHAPTER III 26
RECRUITMENT PROCESSES 26

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CHAPTER IV 27
CAPACITY BUILDING 27
CHAPTER V 28
CHILD PROTECTION SAFEGUARDS 28
CHAPTER VI 29
THERAPEUTIC INTERVENTION 29
CHAPTER VII 30
COMMITTEES 30
CHAPTER VIII 31
AWARENESS AND EDUCATION 31
CHAPTER IX 33
TRANSPORT 33
CHAPTER X 34
TRAVEL, PICNICS AND OUTDOOR ACTIVITIES 34
CHAPTER XI 35
ONLINE SAFETY 35
CHAPTER XII 36
RESIDENTIAL FACILITIES & INFRASTRUCTURE 36
CHAPTER XIV 37
FAMILY & COMMUNITY AWARENESS 37
CHAPTER XV 38
REVIEW & REPORTING 38
CHAPTER XVI 38
MONITORING OF IMPLEMENTATION OF THE GUIDELINES 38
ANNEXURES 40
ANNEXURE A 40
Annual Reporting Mechanism 40
ANNEXURE B 42
CHILD PROTECTION POLICY 42

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ANNEXURE C 54
TRANSPORT GUIDELINES 54
ANNEXURE D 63
CYBER CRIME ADVISORY 63
ANNEXURE E 66
ACP & SJPU CONTACT DETAILS 66
ANNEXURE F 67
INTERNATIONAL PRACTICES: A STUDY OF SPECIFIC CHILD PROTECTION MANUALS 67
POST OCCURENCE INTERVENTION 74
POLICE CIRCULARS 77
Instructions with respect to victims of sexual offences/rape etc 77
GUIDELINES TO BE FOLLOWED BY THE POLICE WHILE INVESTIGATING CASES OF RAPE 79
Directions to be followed by IOs while investigating the child sexual abuse cases 83
Instructions issued in cases where the victim of sexual offence is minor / child 85
Guidelines in relation to legal assistance for rape victims 87
Circular relating to DNA profiling 90
Circular relating to P.V./Finger Test 91
MEDIA GUIDELINES 94
Guidelines for Media Reporting 94
HOSPITAL GUIDELINES 98
Guidelines for rapid response by hospitals in case of MLC examination of victims of sexual assault 98
Order for providing immediate medical treatment to victims of crimes or road accidents 100
GUIDELINES FOR COMPOSITION OF SCHOOL MANAGEMENT
COMMITTEE 103
LIST OF CHILD WELFARE COMMITTEES 107

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LIST OF ABBREVIATIONS
ACP Assistant Commissioner of Police
CNCP Child In Need of Care & Protection
CrPC Criminal Procedure Code
CWC Child Welfare Committee
GNCTD Government of National Capital Territory of Delhi
H & FW Health & Family Welfare
IO Investigating Officer
ICPS Integrated Child Protection Scheme
ICDS Integrated Child Development Scheme
JJ Juvenile Justice
JJB Juvenile Justice Board
MHRD Ministry of Human Resources Development
MLC Medico Legal Case
NCT National Capital Territory
POCSO Protection of Children against Sexual Offences Act
P.V. Test Per Vagina Test
RTE Right to Education
SI Special Inspector
SMC School Management Committee
UN United Nations
WCD Women & Child Development

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IMPORTANT WEBSITES AND NUMBERS
Special Police Unit for Women &
Children
http://dpjju.com/
Reporting a Child in Distress http://dpjju.com/index.php?option=com_content&view
=article&id=161&Itemid=216
Delhi Police http://www.delhipolice.nic.in/
Department of Women & Child
Development, Govt of NCT of
Delhi
http://wcddel.in/
Directorate of Education, Govt of
NCT of Delhi
http://www.edudel.nic.in/
Delhi Commission for Protection
of Child Rights
http://www.delhichildrencommission.gov.in/
Delhi Police 100
Child Line 1098

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FOREWORD
The Constitution of India guarantees several rights to children and enables the State
to make provisions to ensure that the tender age of children is not abused. Even though
India is a signatory to a host of International Covenants and Instruments focusing on Child
Protection, the existing legal mechanisms have not been able to provide the necessary
Child Protection systems which could prevent child abuse. Instances of child abuse have
been known to occur in our schools, shelter homes for children and other institutions as
also in the child’s own residence. It is in this context that a strong need was felt for putting
in place comprehensive guidelines for the prevention of child abuse and address occurrence
of such instances in all institutions, whether residential or educational, religious or
charitable, registered or non-registered which may deal with the care and protection of
children in any manner.
The Delhi Commission for Protection of Child Rights took upon itself the task of
formulating these guidelines which cover different kinds of abuse including physical,
emotional and sexual abuse. The guidelines not only address the requirement spelt out in
Rule-31 of the Juvenile Justice (Care and Protection of Children) Act, 2000 but have also
factored in the requirements of the new law on Protection of Children from Sexual
Offences Act, 2012. The Commission followed the procedure of wide ranging consultations
in the process of the formulation of these guidelines and took note of the views of all
stakeholders, including the Police, Child Welfare Committees (CWC), NGOs,
representatives of concerned departments and other legal experts/child right activists, as
part of the consultation process. Since such guidelines for prevention of child abuse had
not existed in any systematic manner either in the National Capital Territory of Delhi, other
States or even at the central level, the DCPCR wanted to ensure that the guidelines are
finalized in as thorough and well researched manner as possible so that these are not only
adopted for the National Capital but could serve as a model for other States and could be
adopted at the central level as well. It was keeping this in mind that the initial consultation
organized by the Commission included Hon’ble Minister of Women and Child Development

8
of the Govt. of NCT of Delhi, Prof. Kiran Walia, the Chairperson of the National Commission
for Protection of Child Rights (NCPCR), Dr. Shantha Sinha, Advisor of the UNICEF and
Member of the National Advisory Council (NAC) Mr. Shiva Kumar, Chief Secretary of Delhi
besides other department Heads, NGOs and experts in the field. The guidelines have
drawn upon the international best practices and have referred to the existing constitutional
and legal frameworks relevant in combating child abuse. Keeping the objective of the best
interest of the child in perspective, the guidelines have laid down certain broad guiding
principles in the child protection safeguards proposed. There is an emphasis on the need
for awareness and education regarding issues of child abuse not only in residential facilities
and schools but also at the family and community level. Since Rule-60 (1) of the Juvenile
Justice (Care and Protection of Children) Act, 2000 lays down the need for every institution
to have systems of ensuring that there is no abuse, the guidelines have also incorporated a
model Child Protection Policy as an Annexure. It was also considered important that the
prevention of child abuse guidelines should include some documents which could be
relevant and useful for all stakeholders in a post abuse occurrence scenario.
The DCPCR is extremely grateful to Ms. Aditi Bhat, Advocate and Consultant whose
hard work and diligence was of immense help to the Commission in the research and study
which went into the collection of inputs and material for drafting and compilation of these
guidelines. The Commission is also grateful to the Members of the expert Core Committee
comprising eminent child right activists, lawyers, NGOs and representatives of different
institutions and departments of the Govt. who contributed their time and expertise without
which it would not have been possible to put this document together. The Commission
gratefully acknowledges the contributions of the Core Group comprising Sh. M.M.
Vidyarthi, Member, DCPCR, (Convener), Smt. Paramjit Kaur Kukreja, Chairperson, Child
Welfare Committee, Ms. Bharti Ali, Director, HAQ, Ms. Aparna Bhat, Advocate, Mr. Vijay
Rai, State Manager, Plan India, Sh. Vikram Shrivastava, I-Thought, Sh. Anant Asthana,
Advocate, Mr. Abhay Awasthi, Executive Director, Prayas, Sh. Raaj Mangal Prasad,
Director, Pratidhi, Sh. Harsh Mander, Director, Centre for Equity Studies, Dr. R. Sagar,
Deptt. of Psychiatrics, AIIMS, Mr. O.P. Arora, ACP, Special Cell for Women and Children,

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Delhi Police, Dr. V.K. Aggarwal, Addl. Director, Directorate of Health Services, Mr.
Ashutosh Ghosh, Education Officer, Deptt. of Education, Mr. Premoday Khakha, Assistant
Director (ICPS), Deptt. of WCD.
These guidelines have been put through a process of rigorous scrutiny and efforts
have been made, as far as possible, to ensure that they are not in conflict with any existing
laws. Even so, should there be any lacunae or overlap in respect of any part of the
guidelines, we would welcome any suggestions and inputs for modification which could be
mailed to us at dcpcr@hotmail.com.
Arun Mathur
Chairperson
Delhi Commission For Protection of Child Rights

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INTRODUCTION
Child Abuse was and continues to be, one of the most heinous crimes designed and
perpetuated by human beings against some of the most vulnerable and defenceless
sections of the community. It is a malaise on a society that prides itself on the rule of law,
democracy and the various freedoms enshrined in the Constitution. Globally, it has been
recognised and seen as a particularly burdensome challenge, and numerous instruments,
from the Geneva Declaration of the Rights of the Child of 19241
to the United Nations
Convention on the Rights of the Child2
and the The Stockholm Declaration and Agenda for
Action3
have called upon nation States to create and enhance Child Protection Systems to
ensure that “in accordance with the principles proclaimed in the Charter of the United
Nations, recognition of the inherent dignity and of the equal and inalienable rights of all
members of the human family is the foundation of freedom, justice and peace in the
world”
According to the World Health Organisation, “Child maltreatment, sometimes referred to
as child abuse and neglect, includes all forms of physical and emotional ill-treatment,
sexual abuse, neglect, and exploitation that results in actual or potential harm to the
child’s health, development or dignity. Within this broad definition, five subtypes can be
distinguished – physical abuse; sexual abuse; neglect and negligent treatment; emotional
abuse; and exploitation”.4
Sexual abuse is defined as the involvement of a child in sexual activity that he or she does
not fully comprehend, is unable to give informed consent to, or for which the child is not
developmentally prepared, or else that violates the laws or social taboos of society.
Children can be sexually abused by both adults and other children who are – by virtue of
their age or stage of development – in a position of responsibility, trust or power over the
victim.5
1
Adopted 26 September, 1924, League of Nations. http://www.un-documents.net/gdrc1924.htm
2
Adopted and opened for signature, ratification and accession by General Assembly
resolution 44/25 of 20 November 1989
3
Adopted at the First World Congress against Commercial Sexual Exploitation of Children,
Stockholm, Sweden, 27-31 August 1996
4
World Health Organization (1999): Report of the Consultation on Child Abuse Prevention; Geneva
5
Preventing child maltreatment: a guide to taking action and generating evidence :
World Health Organization and International Society for Prevention of Child Abuse
and Neglect

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In India, Child Abuse occurs in various spaces including the home, neighbourhood, schools,
and temporary homes of shelter for abandoned and neglected children, railway platforms,
jails and refugee camps. The problem is deep rooted and is one that the community is
hesitant to accept and acknowledge.
CONSPIRACY OF SILENCE?
“Child abuse is shrouded in secrecy and there is a conspiracy
of silence around the entire subject. In fact there is a well
entrenched belief that there is no child abuse in India and
certainly there is no sexual abuse in the country. Further,
certain kinds of traditional practices that are accepted
across the country, knowingly or un-knowingly amount to
child abuse. Existing socio-economic conditions also render
some children vulnerable and more at risk to abuse,
exploitation and neglect”
Study of Child Abuse,
Ministry of Women & Child Development,
Government of India, 2007
Delhi accounts for 12.8% of
crimes against children and
4.8% of rape committed on
children
National Crime Records Bureau;
2011 Report
Physical
2/3 Children
Sexual
53.22%
Emotional
Every
Second child

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EXISTING CONSTITUTIONAL & LEGAL
FRAMEWORKS
Domestic Legal Provisions
Constitutional Basis
The Constitution of India is a living, dynamic constitution
which ensures to all its citizens certain values enshrined
therein.
Article 14: The State shall not deny to any person equality
before the law or the equal protection of the laws within
the territory of India;
Article 15: The State shall not discriminate against any
citizen on grounds only of religion, race, caste, sex, place of
birth or any of them;
Article 15 (3): Nothing in this article shall prevent the State
from making any special provision for women and children;
Article 19(1) (a): All citizens shall have the right (a) to
freedom of speech and expression;
Article 21: Protection of life and personal liberty-No person
shall be deprived of his life or personal liberty except
according to procedure established by law;
Article 21A: Free and compulsory education for all children
of the age of 6 to 14 years;
Article 23: Prohibition of traffic in human beings and forced
labour-(1) Traffic in human beings and beggars and other
similar forms of forced labour are prohibited and any
contravention of this provision shall be an offence
punishable in accordance with law;
Article 24: Prohibition of employment of children in
factories, etc. - No child below the age of fourteen years
shall be employed to work in any factory or mine or
engaged in any other hazardous employment;
Article 39: The state shall, in particular, direct its policy
towards securing: (e) that the health and strength of
workers, men and women, and the tender age of children
are not abused and that citizens are not forced by
Domestic Policies and Legislations
Policies/Programmes
National Policy for Children, 1974
National Policy on Education,
1986
National Policy for Children, 1974
National Policy on Child Labour,
1987
National Nutrition Policy, 1993
Report of the Committee on
Prostitution, Child Prostitutes and
Children of Prostitutes and Plan of
Action to Combat Trafficking and
Commercial Sexual Exploitation of
Women and Children, 1998
National Health Policy, 2002
National Charter for Children,
2004
National Plan of Action for
Children, 2005
The Integrated Child Protection
Scheme
Legislations
Indian Penal Code, 1860
Guardian and Wards Act, 1890
Hindu Adoption and Maintenance
Act, 1956
Probation of Offenders Act, 1958
Orphanages and Other Charitable
Homes (Supervision and Control)
Act, 1960
Bonded Labour System (Abolition)
Act, 1976
Prevention of Illicit Traffic in
Narcotic Drugs and Psychotropic
Substances Act, 1987
Immoral Traffic Prevention Act,

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economic necessity to enter vocations unsuited to their age
or strength; (f) that children are given opportunities and
facilities to develop in a healthy manner and in conditions
of freedom and dignity and that childhood and youth are
protected against exploitation and against moral and
material abandonment.
International Legal Provisions
India is signatory to a host of International Covenants and
Instruments focussing on Child Protection, inter alia
UN Standard Minimum Rules for the Administration of
Juvenile Justice (The Beijing Rules), 1985 which
endeavour to provide a stabilising environment to a
juvenile and a juvenile in conflict with the law so as to
reduce and reform delinquent behaviour
United Nations Convention on the Rights of the Child,
1989 – A convention which states that in all actions
concerning children, whether undertaken by public or
private social welfare institutions, courts of law,
administrative authorities or legislative bodies, the best
interests of the child shall be a primary consideration6
and
appropriate legislative, administrative, social and
educational measures are taken to protect the child from all
forms of physical or mental violence, injury or abuse,
neglect or negligent treatment, maltreatment or
exploitation, including sexual abuse, while in the care of
parent(s), legal guardian(s) or any other person who has the
care of the child7
. India ratified the UNCRC in 1992.
Optional protocol to the convention on the rights of the
child on the sale of children, child prostitution and child
pornography
Optional Protocol on the Involvement of Children in
Armed Conflict
SAARC Convention on Prevention and Combating
Trafficking in Women and Children for Prostitution
emphasizes that the evil of trafficking in women and
children for the purpose of prostitution is incompatible with
1986
Child Labour (Prohibition and
Regulation) Act,1986
Pre-natal Diagnostic Techniques
(Regulation and Prevention of
Misuse) Act, 1994
Persons with Disabilities (Equal
Protection of Rights and Full
Participation) Act, 2000
Juvenile Justice (Care and
Protection of Children) Act, 2000
The Information Technology Act,
2000
Commission for Protection of the
Rights of the Child Act, 2005
Prohibition of Child Marriage Act
2006
Prevention of Children from
Sexual Offences Act, 2012
6
Article 3, UNCRC
7
Article 19, UNCRC
UNCRC
POCSOJJ ACT
CONSTITUTION
OF INDIA

14
the dignity and honour of human beings and is a violation
of basic human rights of women and children
SAARC Convention on Regional Arrangements on the
Promotion of Child Welfare in South Asia, which
recognises survival, protection, development and
participatory rights of the child as a vital pre-requisite, and
promotes solidarity, cooperation and collective action
between SAARC countries in the area of child rights
In 2007, India ratified the UN Convention on the Rights of
Persons with Disabilities (UNCRPD), and committed itself
to the rights of PWDs, including the rights of children with
disabilities
Stockholm Declaration and Agenda for Action, 1996
reaffirmed by the Dhaka Consultation8
The latest legislation in India covering child abuse is the Protection of Children from Sexual
Offences Act, 2012. The Act defines various forms of sexual offences including:
Penetrative Sexual Assault9
Sexual Assault10
Sexual Harassment11
Use of child for pornographic purposes12
The reality of the issue however, belies the existence of such systems and legislations.
Moreover, the existing mechanisms, particularly ones dealing with sexual abuse, give detailed
procedures on the handling of a case post occurrence; very few if any deal with prevention.
8
2nd World Congress Against Commercial Sexual Exploitation of Children, South Asia strategy
9
Section 3, POCSO, 2012
10
11
12

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CURRENT MEASURES TO COMBAT CHILD
ABUSE
The Protection of Children From Sexual Offences Act, 2012
An Act which comprehensively deals with all manner of sexual offences, the reporting
mechanism and subsequent penal consequences. Section 19 also makes it mandatory upon
any person who has an apprehension that an offence is likely to be committed, to report
the same to the SJPU or the local police
Juvenile Justice (Care & Protection of Children) Act 2000 – Specific preventive
provisions
 Segregation of children in residential facilities according to their age13
 Provisions to create effective linkages between government, non government
organisations and community agencies. It also envisions using the NIPCCD for training
and development14
 Standards of care for the physical infrastructure in place15
 Ensuring there is adequate, high quality mental health therapy and that the
environment should be free of abuse16
 Maintenance of children by keeping and constantly updating an individual care plan for
each child17
 Having Management Committees and Children’s Committees to document the
concerns of children and report them. Children’s Committees also encourage peer
sharing and learning.18
 Prevention of abuse and ensuring the staff are aware of what constitutes abuse and how
to respond effectively19
 Inspection committees to ensure institutions are maintaining the mechanisms under
the Act20
 State and District Child Protection Units to ensure the effective implementation of the
Act21
 Duties, role and responsibilities of the staff including their training22
13
Rule 29, Juvenile Justice (Care and Protection of Children) Rules, 2000
14
Rule 39, Juvenile Justice (Care and Protection of Children) Rules, 2000
15
Chapter VI: Standards of Care for Institutions, Juvenile Justice (Care and Protection of Children) Rules 2000
16
Rule 46, Juvenile Justice (Care and Protection of Children) Rules 2000
17
18
Rule 55 & 56, Juvenile Justice (Care and Protection of Children) Rules 2000
19
Rule 60(1), Juvenile Justice (Care and Protection of Children) Rules 2000
20
21
Rule 80 & 81, Juvenile Justice (Care and Protection of Children) Rules 2000
22
Rule 88,89 and 90, Juvenile Justice (Care and Protection of Children) Rules 2000

16
The Right of Children to Free and Compulsory Education Act, 200923
While the RTE Act does not deal with the question of Child Abuse in particular, it is evident
that children must be protected in order to fully partake of a quality education process. The
Act also states that the NCPCR or SCPCR as the case may be, shall mandatorily discharge
their functions as prescribed under the Commission for Protection of Child Rights Act, 2005
as well as certain other functions.24
. The RTE Act prohibits “physical punishment” and
“mental harassment”25
The Integrated Child Protection Scheme26
This is a central government sponsored scheme to significantly contribute to the realization
of Government/State responsibility for creating a system that will efficiently and effectively
protect children. It is based on cardinal principles of “protection of child rights” and “best
interest of the child”. The ICPS’ objectives are to contribute to the improvements in the well
being of children in difficult circumstances, as well as to the reduction of vulnerabilities to
situations and actions that lead to abuse, neglect, exploitation, abandonment and
separation of children
Adolescence Education Programme - MHRD27
In April 1993, a National Seminar on Adolescence Education was organised by the NCERT
with a view to evolving national consensus on the salient issues. As a follow-up of the
recommendations of the Seminar, adolescence education was conceptualised as an
educational intervention focusing on critical elements of adolescent reproductive and
sexual health (ARSH) including HIV/AIDS and substance (drug) abuse. A comprehensive set
of materials was introduced for the training and awareness of adolescents and the
development of life skills was considered paramount to enable a child to deal with difficult
situations and circumstances
Guidelines for Eliminating Corporal Punishment in Schools28
These guidelines deal with the issue of physical abuse and corporal punishment and
suggest methods of eliminating such practices from schools. It also provides for certain
mechanisms which hit at the root of the problem such as involving mental health
23
No 35 of 2009; 26th
August 2009
24
Chapter VI, Section 31
25
Section 17
26
Page 20, ICPS
27
https://nacoonline.org/upload/Mainstreaming/Inter-
Ministerial%20Conference%20Dec12/PPT/SESSION2/2%20_AEP_MHRD.pdf
28
Guidelines for Eliminating Corporal Punishment in Schools issued by the NCPCR

17
professionals to conduct workshops29
and guidelines for positive engagement with
children30
. Further, it envisions the creation of a Corporal Punishment Monitoring Cell
consisting of teachers, parents, doctors, lawyers and counsellors31
29
7.1.4 of the Guidelines
30
7.2 of the Guidelines
31
7.10.5 of the guidelines
These are merely some of the measures to combat child abuse. The Acts and Rules are
comprehensive enough to delve into the issue in depth and describe detailed standards to
be maintained. However implementation is sadly lacking. The standards, while containing
a plethora of rules on residential facilities, dietary requirements, classroom infrastructure
and sanitation, do not refer specifically to measures for prevention.

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NEED FOR PREVENTIVE GUIDELINES
Child Abuse consists of a labyrinth of causes, factors and myths that perpetuate the issue,
especially in India. Foremost among these is the closed, shameful and fearful prevailing
attitude that does not allow a victim the protected and comfortable environment required
to report a case. The key therefore, lies in prevention, and equipping children and society
with the necessary tools to prevent an act that has harmful, deep rooted, long term effects
on the psyche of a child. Prevention strategies are myriad and require multiple stakeholders
to play a role in implementing them. Prevention becomes all the more complex in light of
the fact that abuse is inherently a taboo subject and occurs behind closed doors, hence also
hiding the offender behind a web of secrecy and unreported incidents.
“It is important that governments don’t only try to do something about violence against
children after it has happened. They must also take action to prevent it from occurring in
the first place.”32
Keeping this in mind, the Government of NCT of Delhi hopes to tackle the
issue head on with a set of multidisciplinary prevention guidelines under the auspices of the
Juvenile Justice (Care and Protection of Children) Act, 2000 and the Protection of Children
from Sexual Offences Act, 2012. These guidelines serve as a method for numerous
stakeholders from teachers to community welfare associations to the police to ensure that
all possible steps are taken to prevent Child Abuse and empower children to recognise
symptoms of potentially abusive situations.
32
United Nations Secretary General’s study on Violence Against Children

19
RATIONALE BEHIND THE GUIDELINES
A child lives within the broader confines of a society and is sometimes unfortunately the
victim of the horrors perpetuated by that very same society. Crimes against children occur
within homes, schools and various institutions whose responsibility it is to house, educate
and empower children.
Education plays a vital role in transforming a society by making its children more aware,
open minded and independent. Schools and other institutions that provide education
therefore, are vital in the role they play in creating a nurturing environment for children
where they can learn their core values and define their initial behaviours. On the flip side
however, they are also targeted breeding grounds for sexual abuse and without the right
preventive mechanisms, can be the unwitting accomplices to the perpetuation of Child
Sexual Abuse.
Schools are uniquely placed to break the patterns of violence by giving children, their
parents and communities the knowledge and skills to communicate, negotiate and resolve
conflicts in more constructive ways. However, patterns of violence are often entrenched in
school culture, sometimes as a matter of policy supported and promoted by certain
theories about childhood development and learning33
. Educational institutions can also
help in preventing the creation of future abusive behaviour in children by inculcating in
33
Violence against children in schools and educational settings; Secretary-General’s Study on Violence against
Children ISBN-10 92-95057-51-1 | ISBN-13 978-92-95057-51-7
SOCIETY
School/
Institution
CHILD
FAMILY
CHILDPROTECTION
SYSTEM

20
them the right attitudes and ensuring they have access to the correct information,
particularly around gender, health and myths that shroud abuse.
In most situations, the child or teacher can neither recognise early behaviours and therefore
prevent the onset of sexual abuse nor do they know what to do once it has occurred.
Various cases of abuse of children on the way to and from school, underline the fact that a
wide variety of cases occur on the buses and transportation of children to school which
neither the school nor the parent are in a position currently to prevent.
Apart from schools, the horrors of ongoing and unreported incidents of child sexual abuse
in institutions under the JJ Act are unparalleled. A study titled Sexual Abuse of Street
Children brought into an observation home found that over 15% of the boys in the
institution reported penetrative sexual abuse and the maximum proportion of abuse
was reported in the age group 8-10 years (42.9%)34
.
Hence there is a need to have in place a set of clear guidelines that are child centric with all
actors forming a part of the protective and preventive system.
SCOPE OF THE GUIDELINES
Rule 31, Juvenile Justice (Care & Protection of Children) Act, 2000 - Guidelines for
prevention of sexual abuse of children
“The State Government, the Juvenile Justice Board, the Child Welfare Committee, other
competent authorities and agencies shall, in the best interest of children, ensure that every
person, school or such other educational institutions abide by the guidelines issued from time
to time by Central Government and State Government”
Rule 60(1) Juvenile Justice (Care & Protection of Children) Act, 2000 - Abuse and
exploitation of the juvenile or child
“Every institution shall have systems of ensuring that there is no abuse, neglect and
maltreatment and this shall include the staff being aware of what constitutes abuse, neglect
and maltreatment as well as early indicators of abuse, neglect and maltreatment and how to
respond to these”
34
Study on Child Abuse: INDIA 2007; Ministry of Women & Child Development, Govt of India

21
PROPOSED GUIDELINES FOR THE
PREVENTION OF CHILD ABUSE
Framework of the Guidelines
These guidelines seek to address child abuse within schools and other institutions with a
focus on preventing incidents of abuse.
CHAPTERS
PRELIMINARY &
DEFINITIONS
GUIDING PRINCIPLES
RECRUITMENT
PROCESSES
CAPACITY BUILDING
CHILD PROTECTION
SAFEGUARDS
THERAPEUTIC
INTERVENTION
COMMITTEES
AWARENESS AND
EDUCATION
TRANSPORT
OUTDOOR ACTIVITIES ONLINE SAFETY RESIDENTIAL FACILITIES
FAMILY & COMMUNITY REVIEW & REPORTING MONITORING
Institutional
Responsibility
Stakeholder
Involvement
Community
Involvement

22
GUIDELINES
In pursuance of the powers under Rule 31 and 60(1) of the Juvenile Justice (Care &
Protection of Children) Act and Rules, 2000, the State Government hereby notifies the
Guidelines for the prevention of Child Abuse for the prevention of abuse among children.
CHAPTER I
PRELIMINARY
1. Short title & commencement
(1) These guidelines may be called the Guidelines for Prevention of Child Abuse, 2013
(2) They shall come into force on the date of their publication in the official Gazette
(3) They extend to the whole of the National Capital Territory of Delhi
2. Definitions
(1) In these guidelines, unless the context otherwise requires-
(a) “Act” means the Juvenile Justice (Care & Protection of Children) Act, 2000
(b) “best interest of the child” means a decision taken to ensure the physical, emotional,
intellectual, social and moral development of a child
(c) “child” means any person below the age of 18 years
(d) “child abuse” means any form of maltreatment inflicted on a child including physical
abuse, sexual abuse and emotional abuse
(e) “child sexual abuse” means and includes penetrative sexual assault, aggravated
penetrative sexual assault, sexual assault, aggravated sexual assault, sexual harassment
and use of a child for pornographic purposes35
defined in The Protection of Children from
Sexual Offences Act, 2012 (POCSO) as amended from time to time
35
Sections 3, 5, 7, 9, and 11

23
(f) “emotional abuse” means and includes acts or omissions by parents or caretakers that
have caused or could cause, distress , serious behavioural, cognitive, emotional, or mental
trauma to the child.
(g)“every person” means any person above the age of 18 years who is in a position of
responsibility, authority, and trust over a child
(h)”expert” means a person trained in mental health, medicine, child development or other
related discipline, who may be required to facilitate communication with a child whose
ability to communicate has been affected by trauma, disability or any other vulnerability
(i) “health centre" includes the precincts of a hospital and the precincts of any institution
for the reception and treatment of persons during convalescence or of persons requiring
medical attention or rehabilitation
(j) “institution” means all formal, non-formal, registered or unregistered organizations
founded for a religious, charitable, educational, professional, commercial or social purpose
including those which fall under the following legislations
a) the Juvenile Justice (Care & Protection of Children) Act, 2000,
b) The Protection of Children from Sexual Offences Act, 2012,
c) The Right of Children to Free and Compulsory Education (RTE) Act,
2009
d) The Religious Institutions (Prevention of Misuse) Act, 1988 (41 of
1988)
e) Bonded Labour System (Abolition) Act, 1976
f) Child Labour (Prohibition and Regulation) Act, 1986
g) Contract Labour (Regulation and Abolition) Act, 1970
h) Factories Act, 1948
i) Guardians and Wards Act, 1890
j) Hindu Adoptions and Maintenance Act, 1956
k) Immoral Traffic (Prevention) Act, 1956
l) Maternity Benefit Act, 1961
m) Medical Termination of Pregnancy Act, 1971

24
n) The Transplantation of Human Organs Act, 1994
o) Mental Health Act, 1987
p) Orphanages and other Charitable Homes (Supervision and Control)
Act, 1960
q) Hospitals
r) Any institution or infrastructure which is established and maintained
for the reception, care, education and development of children
Expln: For the purposes of this section, institution includes those unregistered
organisations such as play-schools, temporary and permanent crèches, day care centres,
private tuition centres and other organisations that provide or run child services
(k)”offences” means and includes child sexual abuse, physical abuse and emotional abuse
(l) “physical abuse” means use of force and / or inflicting of physical injury upon a child and
includes burning, hitting, punching, shaking, kicking, beating or otherwise harming a child
(m) “RTE” means The Right of Children to Free and Compulsory Education Act, 2009 as
amended from time to time
(n) “school” includes schools as defined in Section 2(n) of the Right of Children to Free and
Compulsory Education (RTE) Act, 2009, and any other institutional set up which brings in
children for the purpose of imparting education and residential facilities attached to such
institutions
(o) “SJPU” means the Special Juvenile Police Unit means a unit of the police force of a State
designated for handling of juveniles or children under Section 63 of the Act
(p)”person familiar with the manner of communication of the child” means a parent or
family member of a child or a member of his shared household or any person in whom the
child reposes trust and confidence, who is familiar with that child’s unique manner of
communication, and whose presence may be required for or be conducive to more effective
communication with the child;
(q) “State Commission for Protection of Child Rights” means the State Commission for
Protection of Child Rights constituted under Section 3 of the Commission for Protection of
Child Rights Act, 2005

25
(r) all words and expressions defined in the Act and used, but not defined in these
guidelines, shall have the same meaning as assigned to them in the Act
CHAPTER II
GUIDING PRINCIPLES
(3) Principles to be followed in the administration of these guidelines
(1) The State Government, the Juvenile Justice Board, the Child Welfare Committee, the
School Management Committee, or other competent authorities or agencies, as the case
may be, while implementing these guidelines, shall abide and be guided by the principles
specified in sub-rule (2)
(2) The following principles shall, inter alia, be fundamental to the application,
interpretation and implementation of these guidelines
1. Best Interest of the Child: In all actions, processes and decisions taken to
prevent Child Sexual Abuse, the best interest of the child shall be the primary
consideration
2. Safety: For ensuring safety of children, restrictive and coercive measures and
processes shall not be resorted to in the name of care and protection.
3. Non stigmatizing decisions & actions: All decisions and actions taken should be
in the best interest of the child. In furtherance of this, all initiatives should strive
to reduce the stigma and taboo around child abuse and sexual abuse related
issues and the language used should be child friendly and inclusive.
4. Empowering Children: Children’s participation in peer to peer sharing and
learning, shall be promoted in all settings and children shall be assisted by all
possible means to be able to effectively participate in such exercises. Any
disability, which might prevent a child from his or her participation in such
sharing and expressions shall be specifically addressed.
5. Family Responsibility: All precautions must be taken to ensure that the family
environment is safe, comfortable and peaceful and parents fully comprehend
and have the necessary tools, ability and resources to keep their children safe

26
6. Simplicity: All measures to prevent abuse must be practical and it should be
easily replicable on a large scale. There are a number of institutions and spaces
where children spend time and all such spaces should be able to absorb and
implement these guidelines easily and within a short span of time, without
requiring complicated training and rules
7. Zero Tolerance: Child Sexual Abuse is perpetuated within the contours of the
larger community and hence all actors within the community should be used to
ensure that potential abusers and hazardous situations do not fester. There will
be zero tolerance of child abuse.
CHAPTER III
RECRUITMENT PROCESSES
i. No candidate with a criminal record of sexual and/or physical violence will be
recruited for any position within an institution. In furtherance of the same, all
selected candidates must provide a signed undertaking to the institution that they
have not been accused of offences under POCSO, the JJ Act and any other sexual
and/or violent crimes under any other Act for the time being in force
ii. 2 references (including a character certificate) may be provided by the person
seeking employment
iii. A thorough investigation shall conducted by the institution into the prior
employment and engagement of the person, (if such person is an adult) including a
police verification and checking of the references provided.
iv. During such time as the references can be checked by the institution, and/or the
verification can be completed, the person may be employed and will be kept in
probation which shall not extend for a period of more than 4 weeks from the date of
appointment. The appointee’s pay shall not be halted at this time.
v. In case of police references, all information shall be provided only from the available
records

27
vi. All references shall be obtained in writing and maintained as part of the records of
the institution
vii. During the selection process, the candidate must also be tested on attitude towards
children and child abuse, knowledge of the institution’s child protection policy and
central and state legislation covering child protection
viii. All candidates, along with the appointment letter will be presented with a copy of
the institution’s child protection policy document and will be required to sign it
ix. In case of an employee or other person providing child services being accused of an
offence under POCSO, the JJ Act or any other sexual crime or violence, the person
so accused shall be suspended with immediate effect pending enquiry as per the due
process established by law
CHAPTER IV
CAPACITY BUILDING
i. A uniform and standard teacher training module shall be developed or adopted by
the institution which covers a broad spectrum of child protection issues ranging
from recognising suspicious behaviours, being aware of a child who displays erratic
and/or unusual behaviour and the ability to engage a child and create a safe
environment as well as the legal mechanisms covering the issue of child sexual
abuse
ii. Training can be divided into Basic and Advanced Level training. Basic training
includes knowledge of the relevant child care legislation, national and local agency
policies, procedures and protocols (as well as a knowledge of the local network
within which they work) and skills in the use of these. Advanced Training includes
knowledge, skills and critical perspectives in specific areas of policy and practice, for
example, risk assessment and working in partnership with parents/guardians
iii. All schools and educational institutions must adhere to this module.
iv. Training materials should be simple, easy to understand and given to all personnel
who hold a position of authority and influence over the child.

28
v. The module and material should also exist electronically (CD’s, in a separate folder
on the school computers) such that it is easy to access.
vi. If the need arises, these courses must be refreshed each academic year and a
refresher course will be conducted annually to remind the staff and teachers of
procedures and updates on new developments
vii. A full day orientation on Child Protection issues for all new recruits [staff, teachers,
trainees and volunteers] shall be held within 1 month of joining
viii. The local police and SJPU shall also undergo a specially customised training in order
to upgrade their knowledge of laws as well as to sensitize them towards child
friendly behaviours.
ix. At least one training session shall include a group session along with parents, local
police and school/institution personnel
CHAPTER V
CHILD PROTECTION SAFEGUARDS
i. As part of the framework for child protection, each institution shall have a standard
and uniform Child Protection Policy applicable to all persons employed by the
institution as well as those who visit the institution from time to time
ii. This policy document will be signed by all personnel, outside instructors, visitors and
anyone who is put in a position of responsibility and authority over children.
iii. These policies should broadly outline the responsibilities and role of each
stakeholder in the institution
iv. The policies should ensure that all persons are committed to the prevention of child
abuse.

29
v. The Child Protection Policy should be summarised and a one pager must be
displayed at the reception or main lobby area of the institution and be available in
English as well as the local language
vi. The policies should outline a zero tolerance policy towards Child Abuse which will
result in the immediate dismissal of any employee convicted of an offence under
POCSO and/or any other sexual or violent crime under any other law for the time
being in force
vii. The institution shall develop and implement adequate guidelines for the prevention
of ragging within its premises
viii. The Child Protection Policy shall become a part of the Human Resource policies of
the institution
ix. Complaints mechanisms for children must be established and made known to
children and their parents/guardians
x. Children and their representatives should be informed of the outcomes or
resolutions of their complaints and should get the information they seek from time
to time.
xi. All decisions taken by the management should be reasoned and explained to the
complaining child and to her/his representatives
CHAPTER VI
THERAPEUTIC INTERVENTION
i. Therapeutic intervention in the form of counselling services must be made available
to every child and the availability of such intervention should be made apparent
through relevant signage and indicators

30
ii. Institutions may designate an area/space as a counselling centre. This centre shall be
a child friendly space with adequate provisions to protect the privacy of a child who
has come to share his/her grievances
iii. Each institution should employ at least one expert and may make use of the services
of para counsellors as and when required in addition to a career counsellor
iv. The Counselling centre must have the capacity to cover the needs of special children
and/or disabled children
v. If requested by family members, in case of an incident of abuse, the onus shall be on
the institution to provide access to counselling services for the family
vi. Confidentiality must be maintained at all times during counselling and any other
therapeutic intervention. The institution shall be liable for any breach of
confidentiality of the identity of the child or details of the issues brought to the
counsellor.
CHAPTER VII
COMMITTEES
i. Every institution shall constitute or designate, from an existing committee or
otherwise, including the School Management Committee, a Child Abuse Monitoring
Committee whose primary responsibility shall be prevention of child abuse and the
monitoring and implementation of these guidelines within the institution
ii. To this end, the Committee shall meet a minimum of twice in one month
iii. The Committee shall appoint one representative who will be responsible for
communication and reaching out to the community, police, SJPU and Child Welfare
Committees
iv. All incidents of child abuse shall be reported to the Committee and the committee
shall be responsible to make all persons and children within the institution or

31
availing of services or providing services to the institution, aware of the procedure of
reporting incidents of child abuse
v. There shall be at least 2 parent-teacher meetings a year to ensure parents are aware
of child protection policies and implement them within family environments as well
vi. Every institution shall have a suggestion/complaint box at a prominent place within
the premises
vii. Each class will have a Bal Sabha or children’s committee which act as forums for
peer to peer sharing and learning. Each group will have one leader nominated by the
children or by a teacher or care giver
viii. The leaders of these committees will be specially trained by the counsellors/teachers
on how to train other children and create an environment conducive to the
discussion of sensitive issues
ix. Each children’s committee will have a teacher or care giver who is overall in charge
but does not interfere in the meetings. This teacher or care giver is merely the point
person to ensure that meetings of the committees are conducted in a timely manner
and the agenda is relevant and appropriate
x. The children’s committee will meet at least once a month to discuss ideas relating to
prevention of child sexual abuse and the implementation of these guidelines
xi. Confidentiality of cases will be maintained in case they are brought to the notice of
the children’s committee and reported to the concerned teacher or care giver
CHAPTER VIII
AWARENESS AND EDUCATION
i. Institutions should have standard and uniform training modules on sexuality and
gender education where the thrust has to be inculcation of respect for another
person especially that of the other gender

32
ii. Training modules focussing on children should be developed or adopted which teach
sexual safety, gender awareness and notions of sexual activity and appropriate
sexual behaviour
iii. In schools teachers should promote group interactive practices so that the idea of a
male child having masculinity and which necessarily implies an implied repudiation
of feminity or sensitivity is discouraged. The attempt of education should be to
liberate children from social constructs and not to reinforce them
iv. The training should remove the taboo on gender sensitisation and education such
that it does not allow abusers to hide behind the shame that is usually associated
with a victim. Schools must encourage learning modules which are uniform,
consistent and rendered in child friendly language. Moreover, they must be clinical
and objective, allowing no space for it to be misunderstood
v. Training modules must be age appropriate
vi. Training modules can also be in electronic form so that it is easy to use and
understand. Certain easy to use applications can be developed for children with cell
phones and computers with internet
vii. The training modules must be easily accessible from the computer laboratory
viii. Children must be trained to recognise predatory and suspicious behaviour and what
constitutes abuse
ix. The staff of the institution must develop a manual in child friendly language to be
used specially in relation to sexuality topics and abuse. This ensures that children are
able to express themselves in a comfortable manner and are not ashamed of using
certain taboo words and expressions
x. Institutions must have a clear and simple mechanism for outside organisations and
individuals to carry out vocational training activities and non-formal education for
children
xi. All residential institutions must have adequate extra-curricular and vocational
activities to create an environment for the overall growth and development of a

33
child. For this purpose, institutions can use the services of NGO’s, the community
and other individuals trained to provide such courses and activities
xii. A time table must be developed within residential institutions for extra-curricular
and vocational activities being conducted after school hours. This schedule must be
displayed at prominent places within the institution and every child should be made
aware of the same
xiii. Children should be taught "Safety Rules" such as moving in groups, alerting school
personnel if a stranger is on school premises, and reporting situations that threaten
their own and others safety, etc
CHAPTER IX
TRANSPORT
[In addition to existing guidelines (Annexure C) on school transport issued from time to time by
the Directorate of Education and other school boards, and/or the Govt of India the following
guidelines shall apply for prevention of child abuse on board school transport]
i. At least one female ward/guard should be present on the bus until the last child is
dropped home, irrespective of whether the child is male or female
ii. The child and women helpline numbers, the number of the police stations in the
locality as well as the contact details of the DCP must be prominently displayed
inside the bus in English as well as the local language
iii. The School’s child protection policies and protocols for reporting offences must be
prominently displayed in English as well as the local language inside the bus
iv. Any and all reports of bullying and/or physical dominance reported or seen in the bus
must be quelled immediately and the victims separated immediately from the
perpetrator

34
v. While dropping off a child at a bus stop/public place, the bus must wait until the
parent/caregiver is present. For this purpose, all teachers/guards travelling on the
bus should have the phone numbers of the parent/caregiver as well as the
emergency contact person to facilitate easier communication
vi. School buses and vans which are not in use shall be locked and parked in the school
allotted parking facility and the keys shall remain with the school administration
vii. Old school buses and vans which are in disrepair or a dilapidated condition shall not
be parked or housed anywhere on school premises
CHAPTER X
TRAVEL, PICNICS AND OUTDOOR ACTIVITIES
i. Parents/guardians and caregivers must give their permission in writing before
children can be taken out of the institution premises for activities and outings
ii. The exact route, destination and timings must be communicated well in advance to
parents/guardians and caregivers as well as the local police/SJPU at the destination
iii. There must be a training given to all participants at least 3 days prior to the program
on safety precautions, helpline numbers etc
iv. The relevant applicable guidelines mentioned in Chapter IX will also apply to this
chapter
v. In case of public transportation, the school must ensure that all local rules in force
applicable to public vehicles are adhered to
vi. It is preferable that the school conducts an initial recce of the destination to ensure
that adequate safety mechanisms and precautions are in place

35
vii. In case of outstation travel, at least one female teacher or care giver must
accompany the group for the duration of their stay
viii. No outing or trip should be initiated after dark
ix. No outing or trip should be made compulsory for children
CHAPTER XI
ONLINE SAFETY
[In addition to the guidelines issued from time to time by the Govt of NCT of Delhi or Govt of
India (Annexure D) the following guidelines on online safety shall be adhered to]
i. Internet safety protocols must be established and implemented in schools
ii. Teachers/staff should not be allowed to email or call children except and unless it is
related to school work.
iii. All emails sent to children by teachers/staff should be copied to the parent/guardian
or caregiver
iv. Teachers should not engage in any relationships with students on social media
platforms unless in officially approved group settings
v. No child must be recorded in any manner that makes them uncomfortable and
children must always be asked permission before taking of any
photographs/recording videos
vi. All institutions and schools must have the facility of having an online “suggestion
box” or “Complaint box” so that the child can also report suspicious behaviour in
anonymity

36
CHAPTER XII
RESIDENTIAL FACILITIES & INFRASTRUCTURE
i. Residential Facilities, including bathrooms in a school/educational institution shall
be maintained separately for boys and girls and at a suitable distance from each
other
ii. The corridors and landings shall be well lit and airy and have convenient exits
iii. Dead-end hallways and staircase hideaways should be eliminated, and restrooms
should be located closer to administrators
iv. CCTV cameras must be installed and maintained at appropriate public spaces within
the premises
v. There must be at least one full time warden for each hostel; and in the case of a
female hostel, it must be a female warden
vi. All staff, cleaning persons, administrative staff etc in the female hostel are required
to be female
vii. Strict rules and timings will be adhered to for hostels and male visitors should not be
allowed in female hostels, or vice versa after dark
viii. Child and women helpline numbers and the numbers of the local police/SJPU must
be prominently displayed inside dormitories. There must be at least 2 phones for the
use of students within easy access
ix. Dormitories must be divided by age and care must be taken to see that no
opportunities are left open for older children to be left alone with younger children
without the supervision of a teacher/counsellor
x. A hostel committee shall be formed whose functions are similar to the Child Abuse
Monitoring Committee

37
xi. All gates should be duly manned by security personnel. Registered visitors can be
given a pass or badge to display prominently to let staff and students know that they
have been acknowledged by the administration
xii. Schools should ask parents to give the names of adults who are allowed to pick up a
child, and require those individuals to show identification to school personnel when
signing a student out. In case of a visitor, other than the parent or guardian or care
giver of the child, taking a student outside the class or school premises, a proper
check, including a phone call to the child’s parent, guardian or care giver, must be
done by the class teacher prior to sending away the child.
Expln: In case of a child in need of care and protection, or any child without a known
relative, the phone call should be made to a responsible person from the place of
residence of the child
CHAPTER XIV
FAMILY & COMMUNITY AWARENESS
i. In case of a child in need of care and protection, or a child who is abused, once the
family of a child is located, and just prior to being restored to the family, the CWC
shall organise a counselling session with the help of the institution with children and
the family. The family shall be counselled on matters including sexuality, sexual
violence and abuse and how to recognise the symptoms and behaviours.
ii. There must be at least 2 phones available within the institution which children can
use. Children and women helpline numbers, as well as the numbers of the DCPU,
local police and SJPU must be displayed next to the phone.
iii. Local Residents welfare associations, community associations, traders associations
etc should be approached by institutions and the police in order to help build
awareness and spread the message
iv. Certain days such as Children’s Day, World Disability Day and World Day for
Prevention of Abuse and Violence against Children can be used to run community
programmes through skits, plays and musicals

38
v. Neighbourhood watch teams can be formed to patrol/keep a vigilant eye out for
predatory behaviour or inform the residents welfare association about strangers in
the locality who display suspicious behaviour
vi. Parent-Teacher Associations of various schools should set aside a day every month
to have a meeting and exchange ideas and strategies on how best to be involved in
creating more awareness
CHAPTER XV
REVIEW & REPORTING
i. The State Government shall review the implementation and impact of these
guidelines annually based on surveys and other monitoring mechanisms
ii. A comprehensive report based on institutional data and other means may be
released by the State Government in order to better understand the scope and
depth of the issue and develop better solutions
CHAPTER XVI
MONITORING OF IMPLEMENTATION OF THE
GUIDELINES
i. These guidelines shall be implemented by the Government of NCT of Delhi through
the concerned departments
ii. The Delhi Commission For Protection of Child Rights instituted under the
Commissions for Protection of Child Rights (CPCR) Act, 2005, Section 17, shall, in
addition to the functions assigned to it under that Act, also monitor the
implementation of the provisions of these guidelines
iii. Any institution that does not have in place existing guidelines for the prevention of
child sexual abuse or in the event that such existing guidelines are conflicting with
these guidelines, shall adhere to these guidelines and will implement the same
within 3 months of the guidelines being notified

39
iv. The Head of the institution will be the overall responsible for the implementation of
these guidelines
v. The implementation of these guidelines shall be checked from time to time by the
concerned authority, in addition to their existing functions, and shall be an
assessment indicator for registration of institutions
vi. It shall be the responsibility of all concerned Government departments to ensure
that institutions under their jurisdiction become aware of the existence of these
guidelines.
vii. The State Government shall set aside needed funds for the implementation of these
guidelines

40
ANNEXURES
ANNEXURE A
Annual Reporting Mechanism
Name of Institution:
Address & Contact Details:
Registration No.:
# of Children (Boys/Girls):
[Please indicate with a X] YES NO
Does your institution have a Child Protection Policy?
[If yes, please attach the same]
Is the Child Protection Policy displayed at prominent locations
across the premises?
[Please attach photographs if possible]
Does your institution collect a signed undertaking from all appointed
candidates as required under Chapter III of the guidelines?
Has an awareness/training program been conducted for the staff on
prevention of child abuse and child protection in the last year?
[Please provide a broad outline of the sessions]
Has an awareness/training program been conducted for the children
on preventing abuse, gender sensitization and/or adolescent health
in the last year?
[Please provide a broad outline of the sessions]
Has the Child Abuse Monitoring Committee conducted meetings in
the last year?
[Please indicate here the # of meetings held ____ ]
Does your institution have a Children’s Committee?
[Please indicate here the # of meetings held ____ ]
Does your institution conduct vocational training and/or other extra

41
curricula activities and sports for residents?
Does your institution have an online safety/internet safety protocol?
[If yes, please attach the same]
Have CCTV cameras been installed in your institution?
[If yes, please indicate the # here _____ ]
Have incidents of child sexual abuse been reported and/or observed
within your institution in the previous year?
If yes, please indicate the # of such incidents and follow up action
taken for each
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________
General comments and information
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
____________________
Date: (Signature)
Place:

42
ANNEXURE B
CHILD PROTECTION POLICY
FRAMEWORK
[To be filled in by the institution]
SECTION I
I. Vision, Mission, Values & Principles of the Institution
Vision
Child Protection Policy
Vision, Mission, Values & Principles
Fundamentals of Child Protection
Standards of Behaviour
Institutional Responsibilities
Undertaking

43
Mission & Objective
Values & Principles
SECTION II
Fundamentals of Child Protection
Who is a child?
Any person below the age of 18 years is considered a child
What is a Child Protection Policy?

44
A Child Protection Policy is a statement of intent that demonstrates the commitment to
safeguarding children from harm and makes clear to all in an institution and who come into
contact with it what is required in relation to the protection of children, and that child abuse in
any form is unacceptable. It consists of child safe practices that protect children from harm,
abuse, neglect and exploitation in any form 36
A Child Protection Policy is a broad term to describe philosophies, policies, standards,
guidelines and procedures to protect children from both intentional and unintentional harm. It
applies particularly to the duty of individuals associated with children in their care. Though the
main purpose of the policy is to protect children from all forms of harm and create an enabling
environment, it is also a tool to enhance the commitment of the organisation to provide a child
friendly environment through sensitising persons associated and enforcing this policy.
What is Child Abuse?
Child abuse means any form of maltreatment inflicted on a child including physical abuse,
sexual abuse and emotional abuse
Child sexual abuse means and includes penetrative sexual assault, aggravated penetrative
sexual assault, sexual assault, aggravated sexual assault, sexual harassment and use of a child
for pornographic purposes defined in The Protection of Children from Sexual Offences Act,
2012 (POCSO) as amended from time to time
Emotional abuse means and includes acts or omissions by parents or caretakers that have
caused or could cause, distress, serious behavioural, cognitive, emotional, or mental trauma to
the child.
Physical abuse means use of force and / or inflicting of physical injury upon a child and includes
burning, hitting, punching, shaking, kicking, beating or otherwise harming a child
Indicators of Abuse
Physical Abuse
 Unexplained burns, cuts, bruises or welts in the shape of an object
 Bite marks
 Anti social, violent and/or abrasive behaviour
36
Plan International, Inc, Child Protection Policy

45
 Problems in school
 Fear of adults
 Drug or alcohol abuse
 Self destructive or suicidal behaviour
 Depression or poor self image
Sexual Abuse
 Nightmares and bedwetting
 Drastic changes in appetite
 Over compliance or excessive aggression
 Fear of a particular person
 Withdrawal, secretiveness or depression
 Suicidal behaviour
 Eating disorders
 Self-injury
Emotional Abuse
 Apathy
 Depression
 Hostility
 Lack of concentration
 Eating disorders
Note: these are not exhaustive indicators
The United Nations Convention on Rights of the Child
Article 3
In all actions concerning children, whether undertaken by public or private social welfare
institutions, courts of law, administrative authorities or legislative bodies, the best interests of
the child shall be a primary consideration.

46
Article 6
1. States Parties recognize that every child has the inherent right to life.
2. States Parties shall ensure to the maximum extent possible the survival and development of
the child.
Article 9
1. States Parties shall ensure that a child shall not be separated from his or her parents against
their will, except when competent authorities subject to judicial review determine, in
accordance with applicable law and procedures, that such separation is necessary for the
best interests of the child. Such determination may be necessary in a particular case such as
one involving abuse or neglect of the child by the parents, or one where the parents are
living separately and a decision must be made as to the child's place of residence.
2. In any proceedings pursuant to paragraph 1 of the present article, all interested parties shall
be given an opportunity to participate in the proceedings and make their views known.
3. States Parties shall respect the right of the child who is separated from one or both parents
to maintain personal relations and direct contact with both parents on a regular basis,
except if it is contrary to the child's best interests.
Article 13
1. The child shall have the right to freedom of expression; this right shall include freedom to
seek, receive and impart information and ideas of all kinds, regardless of frontiers, either
orally, in writing or in print, in the form of art, or through any other media of the child's
choice.
2. The exercise of this right may be subject to certain restrictions, but these shall only be such
as are provided by law and are necessary:
(a) For respect of the rights or reputations of others; or
(b) For the protection of national security or of public order, or of public health or
morals.

47
Article 14
1. States Parties shall respect the right of the child to freedom of thought, conscience and
religion.
2. States Parties shall respect the rights and duties of the parents and, when applicable, legal
guardians, to provide direction to the child in the exercise of his or her right in a manner
consistent with the evolving capacities of the child.
3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are
prescribed by law and are necessary to protect public safety, order, health or morals, or the
fundamental rights and freedoms of others.
Article 16
1. No child shall be subjected to arbitrary or unlawful interference with his or her privacy,
family, home or correspondence, nor to unlawful attacks on his or her honour and
reputation.
Article 19
1. States Parties shall take all appropriate legislative, administrative, social and educational
measures to protect the child from all forms of physical or mental violence, injury or abuse,
neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while
in the care of parent(s), legal guardian(s) or any other person who has the care of the child.
2. Such protective measures should, as appropriate, include effective procedures for the
establishment of social programmes to provide necessary support for the child and for
those who have the care of the child, as well as for other forms of prevention and for
identification, reporting, referral, investigation, treatment and follow-up of instances of
child maltreatment described heretofore, and, as appropriate, for judicial involvement.
Article 23
1. States Parties recognize that a mentally or physically disabled child should enjoy a full and
decent life, in conditions which ensure dignity, promote self-reliance and facilitate the
child's active participation in the community.

48
Article 28
1. States Parties shall take all appropriate measures to ensure that school discipline is
administered in a manner consistent with the child's human dignity and in conformity with
the present Convention.
Article 29
1. States Parties agree that the education of the child shall be directed to:
(a) The development of the child's personality, talents and mental and physical abilities
to their fullest potential;
(b) The development of respect for human rights and fundamental freedoms, and for
the principles enshrined in the Charter of the United Nations;
(c) The development of respect for the child's parents, his or her own cultural identity,
language and values, for the national values of the country in which the child is living,
the country from which he or she may originate, and for civilizations different from his
or her own;
(d) The preparation of the child for responsible life in a free society, in the spirit of
understanding, peace, tolerance, equality of sexes, and friendship among all peoples,
ethnic, national and religious groups and persons of indigenous origin;
(e) The development of respect for the natural environment.
Article 34
1. States Parties undertake to protect the child from all forms of sexual exploitation and
sexual abuse. For these purposes, States Parties shall in particular take all appropriate
national, bilateral and multilateral measures to prevent:
(a) The inducement or coercion of a child to engage in any unlawful sexual activity;
(b) The exploitative use of children in prostitution or other unlawful sexual practices;
(c) The exploitative use of children in pornographic performances and materials.
Legal frameworks for Child Protection in India/Delhi
A. The Constitution of India

49
B. The Protection of Children From Sexual Offences Act, 2012: An Act which
comprehensively deals with all manner of sexual offences, the reporting mechanism and
subsequent penal consequences.
C. The Juvenile Justice (Care & Protection of Children) Act, 2000: An Act to consolidate and
amend the law relating to juveniles in conflict with law and children in need of care and
protection, by providing for proper care, protection and treatment by catering to their
development needs and by adopting a child friendly approach.
D. The Right of Children to Free and Compulsory Education Act, 2009
SECTION III
Appropriate Standards of Behaviour for Staff & Employees
Adults should:
i. Provide an enabling environment for children’s personal, physical, social, emotional,
moral and intellectual development
ii. Encourage and respect children’s voices and views
iii. Be inclusive and involve all children without selection or exclusion on the basis of
gender, disability, ethnicity, religion or any other status
iv. Be aware of the potential for peer abuse (eg: children bullying, discriminating against,
victimising or abusing children)
v. Develop special measures/supervision to protect younger and especially vulnerable
children from peer and adult abuse
vi. Be aware of high risk peer situations (eg: unsupervised mixing of older and younger
children and possibility of discrimination against minors)
vii. Avoid placing oneself in a compromising or vulnerable situation when meeting with
children
viii. Meet with a child in a public, central location whenever possible
ix. Immediately report the circumstances of any situation which occurs which may be
subject to misinterpretation

50
x. Make oneself aware and educated on the laws, rules and guidelines related to child
protection as amended from time to time
Inappropriate/Offensive behaviour for staff and employees
i. Hit or otherwise physically assault a child
ii. Turn out a child from the residential facility
iii. Use language that will mentally or emotionally abuse the child
iv. Act in any way that intends to embarrass, shame, humiliate or degrade a child
v. Show discrimination of race, culture, age, gender, disability, religion, sexuality, political
persuasion or any other status
vi. Develop a sexual relation with a child
vii. Kiss, hug, fondle, rub or touch a child in an inappropriate or culturally insensitive way
viii. Do things of a personal nature that a child could do for him/herself, including dressing,
bathing and grooming
ix. Initiate physical contact unless initiated by the child (eg: holding hands)
x. Suggest inappropriate behaviour or relations of any kind
xi. Allow children to engage in sexually provocative games with each other
xii. Stand aside when they see inappropriate actions inflicted by children on other children
because it is frequent and commonplace
Behaviour Protocols for volunteers & other visitors
i. Should not give cash or any kind of gifts directly to the children, but always channelize
the same through officials
ii. Should not collect photos, videos, or stories of children and/or upload the same on blogs
or any social networking sites without prior permission from the authority
iii. Should not ask personal details of the child and if known, then not to divulge it to others
iv. Should not enter without accompanying staff to girls or boys residential facilities
v. Should not encourage any kind of infatuation especially in cases of adolescent children
vi. Should not ask any child to meet alone outside campus
vii. Should take children for outings only in groups and with prior permission of senior staff

51
Behaviour protocols for children
i. Respect all staff, teachers, parents and outsiders
ii. All relevant information should always be given to the concerned staff
iii. Share information and learning with other children
iv. Never physically assault or sexually abuse another child
v. Never tease another child or call out nicknames
vi. Never threaten another child
vii. Never spread rumours about another child, or details about the child which could be
socially humiliating
viii. Never force another child to give away his/her personal belongings
ix. Never use abusive language
This protocol must be encouraged by staff among children.
SECTION IV
Institutional Responsibilities
i. This institution maintains a zero tolerance policy towards child abuse and towards that end,
will immediately suspend any staff/employee/teacher accused of abuse.
ii. All laws, rules and guidelines related to child protection and children shall be adhered to
strictly
iii. The recruitment policy will ensure that potential child abusers are screened through all
reasonable means
iv. The premises will be a child safe space and all necessary safeguards and precautions will be
taken towards this end
v. The institution will work actively with parents, the community, police and other engaged
stakeholders to prevent incidents of child abuse
vi. Discrimination will not be tolerated and towards this end, the guidelines issued by the
Ministry of Human Resources Development, Govt of India, under Section 35(1) of the Right
of Children to Free and Compulsory Education Act, 2009 will be implemented

52
vii. All residential and classroom premises will be constructed in a manner so as to keep
children in a safe and protected zone
viii. In all decisions, the best interest of the child will be taken as the primary consideration. This
also implies that in case of conflicts, the child’s welfare will be a priority
ix. Counselling services and therapeutic intervention will be available to all children and/or
family if and when the need arises and/or it is requested
x. It is the responsibility of this institution to ensure that the child protection Policies are
understood and signed by all employees, teachers, staff and volunteers
Complaint Mechanism
i. Children in institutional care or their representatives can make individual requests or
complaints to the director / management of the institution
ii. In case of complaints against professional staff such as nurses or teachers, among
others, working with and for children, a mandatory complaint can be made to the Child
Abuse Monitoring Committee
iii. The Committee will appoint a person responsible for attending to all complaints
brought before it
iv. In case of complaints on living conditions, children or their representatives can put
forward their grievances to the Management through the suggestion box or otherwise
v. The outcome of complaints and the redressal mechanism shall be informed to the child
or their representative within 15 days of the complaint being made
Quantitative Elements of the complaints mechanism
i. Monthly date on the number of complaints from or on behalf of children received
ii. Number of complaints from or on behalf of children referred to police and/or the
criminal/civil justice system
iii. Information about the complainant i.e. whether the complaint is made by the child
victim or a friend or teacher or any other staff or parent of the child etc.
iv. Information on the number of complaints filed by children themselves and those filed by
representatives or third parties on behalf of children in formal care
v. Data showing number of complaints from or on behalf of children in formal care which
received a resolution, either judicial or non-judicial, during the last 12 months

53
vi. Data regarding complaints dismissed by judicial or non-judicial bodies on formal or
substantial grounds.
vii. Average time elapsed between the date and time of receipt of the complaint and action
taken and the date of its resolution.
UNDERTAKING
I/We have read and understood the Child Protection Policy of [Institution
name]____________________________. I hereby declare and affirm that I agree to adhere and
abide by the said policy and guidelines. In case of any violations of the said policy in my direct
and indirect interactions with the children, the institution may terminate the
partnerships/relationship/employment/association and/or take suitable disciplinary and legal
actions as per the applicable laws and rules.
Signed ________________
Name ________________
Signature of the Head of the Institution &
seal _____________
Dated ________________

54
ANNEXURE C
TRANSPORT GUIDELINES
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI
TRANSPORT DEPARTMENT
5/9 UNDER HILL ROAD, DELHI
No. F.10(97)/AS/STA/Tpt/2013/20 Dated : 14.02.13
Subject :- Permit conditions for Safety of School Transport
The Transport Department had prescribed the permit conditions for Contract Carriage
Buses including School Buses and transport hired by Schools. These permit conditions may be
downloaded from the Transport Departments website – www.transport.delhigov.nic.in. These
permit conditions also incorporate guidelines issued by the Hon’ble Supreme Court for safety
of school transport.
These conditions are summarized below:-
1. The driver should have at least 5 years of experience of driving of a vehicle of the
concerned category.
2. A driver who has been challaned more than twice in a year for offences like red light
jumping, violation of lance discipline or allowing unauthorized person to dreive cannot
be employed.
3. A driver who has been challaned even once for the offence of over speeding dunken
driving and dangerous driving etc. cannot be employed.
4. The driver should be accompanied with a conductor holding effective conductor’s
licence.
5. The driver should be dressed in a uniform of grey trousers and jacket with his name
plate along with name of the owner of the vehicle distinctly embossed.
6. The driver of all the Buses should have minimum qualification of 10 + 2 (class 10th
for
DTC drivers) and the conductor should be at least 10th
class pass.

55
7. The bus shall be driven by a driver having valid public service vehicle badge issued by
the Transport Department.
8. Details of the driver (i.e name , address, licence number, badge number) and Telephone
No. of the owner of the bus, Transport Department’s Helpline No. 42-400-400 and
registration no. of the vehicle shall be displayed at a conspicuous passengers in the bus.
9. School buses should be painted yellow.
10. School Bus must be written on the back and front of the Bus. If it is hired bus “On
School Duty” should be clearly indicated.
11. Global Positioning System (GPS) shall be installed in vehicles and it shall be ensured by
the owner of the bus that the GPS thus installed, is kept in working condition at all time.
12. The bus shall not be fitted with curtains or glasses having films.
13. The bus shall have sufficient internal white lighting in the bus. Activities inside the bus
should be visible from outside whenever the bus is plying on road.
14. Bus should be fitted with speed governor of specified standard.
15. The windows of Bus should be fitted with horizontal grills.
16. Bus should have a First Aid Box.
17. There should be a fire extinguisher in the Bus.
18. The doors of the Bus should be fitted with reliable locks.
19. No bus of this category shall carry more than 1-1/2 times the number of passengers
authorized in the registration certificate.
20. The buss hall carry a copy of the valid agreement with the Educational Institute and
complete list of the school children along with the route plan duly attested by the Head
of the Educational institution.
The permit conditions should be adhered to strictly, by all the Heads of Schools. Schools should
not own / hire any such transport services which does not have a valid permit or do not fulfil the
requisite permit conditions.

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PERMIT CONDITIONS FOR ALL CNG PROPELLED CONTRACT CARRIAGES
(LOCAL,SCHOOL, INTERSTATE)
(Updated As On January 2013)
1. The permits shall be subject to the conditions/provisions as laid down in the Motor
Vehicles Act, 1988 and rulessubject to the conditions/directions laid down by the STA,
Delhi from time to time. Further, terms and conditions of specific schemes will be
additional permit conditions for the permit granted under the particular scheme.
2. The permit holder will follow all the general conditions attached to permit under
Section 84 of Motor Vehicles Act 1988 which are reproduced as under:
a. that the vehicle to which the permit relates carries valid certificate of fitness
issued under section 56 and is at all times so maintained as to comply with the
requirements of this Act and the rules made there under;
b. that the vehicle to which the permit relates is not driven at a speed exceeding the
speed permitted under this Act;
c. that any prohibition or restriction imposed any fares or freight fixed by notification
made under section 67 are observed in connection with the vehicle to which the permit
relates;
d. that the vehicle to which the permit relates is not driven in contravention of the
provisions of section 5 or section 113;
e. that the provisions of this Act limiting the hours of work of drivers are observed in
connection with any vehicle or vehicles to which the permit relates;
f. that the provisions of Chapter X, XI and XII so far as they apply to the holder of the
permit are observed; and
g. that the following information shall be painted on every vehicle to which the permit
relates on the exterior of the body of that vehicle on both sides thereof in a colour or
colours vividly contrasting to the colour of the vehicle conferred as high as practicable
below the window line in the dimensions not less than the size of letters and numeral
prescribed for registration plate:

57
Private Bus / Mini
Bus
Name of owner
Address of owner
Phone No. of owner
-400-400
-Contract Carriage
DTC Bus Help Line no.42-400-400
3. The permit holder shall carry complete list of the passengers with copy of agreement
attested by him, all the time in the bus. Copy of the contract shall also be furnished to
STA Branch from time to time.
4. That the crew (driver and conductor) wherever applicable shall assist and extend all
possible help to disabled persons trying to board in and out of bus/ vehicle. Further, in
case driver or conductor fails to stop the bus to allow a disabled person to board at the
designated bus stop or fails/ refuses to assist the disabled person(s) to board the bus/
vehicle, it would be violative of the Persons with Disabilities (Equal Protection and Full
Protection Right) Act 1995 by attracting action under Section 62-A of the said act and
would also be liable for action by the State Transport Authority for suspension /
cancellation of the permit.
5. In case an incident of indecent behaviour, molestation or eve-teasing etc. against any
woman takes place in any bus which tantamounts to outraging her modesty it shall be
the duty of the crew of the vehicle (i.e. driver and conductor as the case may be) to
inform the Police immediately and take the vehicle to the nearest police station/ police
post/PCR van and hand over the culprit to the police.
6. Global Positioning System (GPS) shall be installed in vehicles and it shall be ensured by
the owner of the bus that the GPS thus installed, is kept in working condition at all time.
7. The bus shall not be fitted with curtains or glasses having films. Further, in case of the
tinted glasses of windscreen, rear window and side windows provided by the
manufacturer shall be maintained in such conditions as prescribed under rule 100 (2) of
the Central Motor Vehicles Rules 1989 and judgement of the Hon’ble Supreme Court in
WPC No.265 of 2011 dated April 27, 2012.

58
8. The bus shall have sufficient internal white lighting in the bus. It shall be ensured that at
all the time the bus is moving (whether on duty or not), sufficient internal light shall be
on. Activities inside the bus should be visible from outside whenever the bus is plying
on road during the day or night.
9. The bus shall be driven by a driver having valid public service vehicle badge of the
concerned category issued by the Transport Department.
10. Details of the driver (i.e. name, address, licence number, badge number) and
Telephone No. of the owner of the bus, Transport Department’s Helpline No. 42-
400-400 and registration no. of the vehicle shall be displayed at a conspicuous place
inside the bus in contrast colour, so as to be clearly visible to all passengers in the bus.
11. All off duty buses shall be parked with the owners and not with the drivers or other staff
members.
12. Permit holder shall ensure that no driver is allowed to perform duty for more than eight
hours in a day and second driver is engaged where buses ply more than eight hours.
13. In case of involvement of bus in fatal accident, action shall be taken as per the policy of
the STA prevailing at that time.
14. In case a heavy vehicle transits through Delhi or is being driven in Delhi, it will be driven
by a person who has undergone training and refresher course prescribed by Transport
Department of Government of National Capital Territory of Delhi and shall possess a
certificate to that effect from the Driving Training Institute, Loni Road or any other
institute prescribed by the Transport Department.
15. The permit holder shall ensure the compliance of following directions of Hon’ble
Supreme Court of India in CWP No.13029/85
(i) The permit holder shall not permit his bus to be operated on the roads of NCR and
NCT of Delhi unless it is fitted with suitable speed control device so that it does not
exceed the speed limit of 40 kmph.
(ii) No bus shall be permitted to overtake any other four wheeled motorized vehicle.
(iii) Wherever it exists, buses shall be confined to the bus lane.

59
(iv) Buses shall halt only at bus stop designed for the purpose and within the marked
area.
(v) Permit holder shall not allow to ply his bus unless it carries a proper authorization
card, containing the name, photograph and other such particulars of the driver, issued
by the State Transport Authority authorizing such driver to drive the vehicle. The
authorization card shall be displayed in the vehicle at a conspicuous place.
16. The permit holders and drivers of the bus, shall, in the event of any fire incident/fatal
accident or overturning of bus under their control, submit an information in writing to
the Secretary, State Transport Authority, Government of National Capital Territory
of Delhi, 5/9, Under Hill Road, Delhi–110054 within twenty four hours of
occurrence of such incident/ accident, as the case may be.
17. The permit holders and drivers of the bus, shall ensure that the repair and maintenance
work of Compressed Natural Gas System including engine shall be carried out
preferably at authorized workshop of the respective manufacturer of the bus at regular
intervals as per the recommendations of the manufacturer and, in any case, the details
of the work carried out including the replacement of genuine parts, at the authorized
service center shall be entered into a logbook to be maintained by the permit holder
and shall be duly signed by the permit holder and duly attested by the service
engineer of an authorized workshop of the manufacturer of the bus. The logbook
should be maintained on a foolscap register with hard board binding. Each page of the
register shall be numbered and signed by the permit holder on the left top corner.
Those CNG propelled Omni Buses, which do not have such logbooks, shall not be
subjected to fitness at Inspection Unit (Burari) at all. At the time of grant and renewal of
certificate of fitness, Chief Motor Vehicle Inspector (Burari) shall inspect and
countersign the logbook after having been satisfied. For Delhi Transport Corporation
buss the Assistant Engineer or the Foreman having technical qualification shall
maintain the logbook in aforesaid manner. The driver of the bus, in any public place,
shall on demand produce the said logbook for examination.
18. In order to ensure safety of the commuters and other road users, the permit holders
and drivers of the Compressed Natural Gas propelled Omni Buses permits, shall ensure
that the Omni Bus under their control shall undergo quarterly safety checks at any of
the centres approved by the Commissioner, Transport Department, Govt. of NCT of
Delhi and shall also hold a certificate as approved by Commissioner, Transport
Department, Govt. of NCT of Delhi to this effect issued by the competent authority
as approved by Commissioner, Transport, Govt. of NCT of Delhi and the driver of the

60
motor vehicle in any public place, shall, on demand produce the certificate for
examination.
19. The contract carriage bus can ply in NCR after obtaining counter signatures of the
concerned state.
20. The following shall be additional permit conditions for educational institution owned
buses or any other Omni Bus Transport Vehicle used for the purpose of school:-
(i) The bus shall not be driven by a driver who:-
(a) has less than five years experience of driving a vehicle of the category that is
being driven.
(b) has been challaned more than twice in a calendar year or account of violation
of stop line or violating the Rule 111 requiring driving within the bus lane or track,
or violating the restriction in respect of overtaking or jumping red (stop ) lights
or violating parking regulations or allowing unauthorized person to drive.
(c)is not dressed in a uniform of grey trousers and jacket with name plate on
which his name and name of the owner of the vehicle are distinctly embossed.
(ii) No bus shall be driven by a driver who has been challaned or charged with the
offence of over speeding, drunken driving or driving dangerously or for the offences
under Sections 279 (rash driving or riding on a public way): 337 (causing hurt by act
endangering life or personal safety of others):338 (causing hurt by act endangering life
or personal safety of others): or 304 (culpable homicide not amounting to murder) of the
Indian Penal Code 1860 (45 of 1860).
(iii) No bus of this category shall
(a) be driven unless secured firmly on the front (but not on the windscreen) and
the read exterior of the vehicle for display of the fact that the vehicle is being
used for the purposes of a school. The colour of the board shall be golden yellow
on which an iconographic representation of two school children (one girl and one
boy) shall be painted of height not less that 250mm in black colour. Below the
iconographic representation the words “SCHOOL BUS” shall be written in black
colour and the height of the letters must be at least 100mm and the line
thickness (width) of the type must be at least 16 mm.
(b) operate unless it is fitted with doors which can be closed and such doors shall
be kept closed when the vehicle is in motion:
(c) operate, unless it is equipped with pneumatically closeable doors:

61
(d) operate unless it is accompanied by a conductor who holds effective
conductor’s licence issued to him authorized him to act as such conductor.
(e) The driver should be accompanied with a conductor holding effective
conductor’s licence.
(v) No bus of this category shall be driven by a person unless he holds valid driving
licence issued to him by a licensing authority of the National Capital Territory of Delhi
and an authorization card shall be displayed conspicuously in the vehicle.
(vi) No bus of this category shall carry more than 1½ times the number of passengers
authorized in the registration certificate.
(vii) Horizontal window steel bars shall be fixed on the exterior of the bus in such a
manner that the distance between any two bars does not exceed twenty centimeters.
(viii) The bus shall carry a copy of the valid agreement with the Educational
Institute and complete list of the school children showing in respect of each student,
the name, class, residential address and the points of stoppage for his/her embarkation
and disembarkation near his/her residence against his/her name. The list will also
indicate the route plan duly attested by the head of the educational institution showing
the place of origin, termination and detailed route it has to follow.
(ix) The buses owned by schools shall be painted in golden yellow colour with a stripe
below the window panel and the stripe shall be of colour distinctive of the school and
twenty five centimetres in width.
(x) Height of the first step of the board shall not exceed 325 mm from the ground and all
steps shall be fitted with non-slip treads.
(xi) The bus shall be equipped with convex cross view mirrors by which the driver can
see the exit door and entrance door and the front of the rear wheels of the motor
vehicle clearly and it is also equipped with large parabolic rear view mirror to enable the
driver to have a clear view of the inside of the bus.
(xii) The bus shall be provided with hand-rails along the steps at the front door, which
shall also be used both as entry and exit door. The height, material design of the hand
rails shall be such as is approved by the Commissioner (Transport), Delhi

62
(xiii) The bus shall have vertical stanchions, appropriately spaced from each other and
firmly rooted to the roofs and the surface of the stanchions and floor of the vehicle is
made of material which is non-slippers of such material which is approved by
Commissioner (Transport),Delhi.
(xiv) The bus shall not be fitted with any pressure horn or any other device for producing
tonal sound which is operated on air pressure drawn from the braking system.
(xv) The bus shall be equipped with the following, namely:
(a) First-aid box with glazed front, with contents as mentioned in Rule 66 and as
may be directed fromtime to time by Commissioner (Transport), Delhi
(b) Fire extinguisher, dry powder type located near the engine compartment;
(c) It has provision for bag racks under the sets.
(xvi) Amber flashing lights shall be erected of the top four corners (but not on roof) in
the exterior of the bus which shall be activated when such a bus is stopped for
mounting or alighting of its occupants.
21. Except for the exemption specifically granted in the judgement in the matter of (Court
on its own motion) W.P.C. No.16565/2006 and W.P. Crl. No.207/2004, the drivers of all
the Buses should have minimum qualification of 10+2 (class 10th for DTC drivers) and
the conductor should be at least 10th class pass.
22. No figure(s) or icon(s) or symbol(s) or religious slogan(s) or religious symbol(s) or any
writing, other than the inscriptions mandated by the existing provisions of the Motor
Vehicles Act, 1988, Central Motor Vehicles Rules, 1989, Delhi Motor Vehicles Rules,
1993 and permit conditions, shall be exhibited on any stage carriage buses.
23. The State Transport Authority, may after giving notice of not less than one month:-
a) Vary the conditions of permit.
b) Attach to the permit further conditions.

63
ANNEXURE D
CYBER CRIME ADVISORY
F. No. 24013/07/Misc/2011-CSR.III
Government of India/ Bharat Sarkar
Ministry of Home Affairs/Grih Mantralaya
North Block, New Delhi.
Dated the 4th January, 2012
To,
The Chief Secretaries,
All State Governments/UT Administrations.
Subject: Advisory on Preventing & Combating Cyber Crime against Children.
Sir/Madam,
Introduction
With the spread of computers and internet, cyber-crime has emerged as a major challenge for
law enforcement agencies. The younger generations, which use the internet and other online
technologies extensively for staying connected for all day to day work and entertainment,
including information, e-mails, social Networking, e-banking, e-shopping, web-TV, news,
education, home-work research, online gaming, downloading music, videos, movies and other
contents etc, are more vulnerable to targeted cyber-crime. This often happens in the form of
cyber stalking, cyber bullying, child pornography, harassment, hacking of email or social
networking accounts, identity theft, unwanted exposure to sexually explicit material etc. (Brief
description of the above terms is attached at Annexure).
2. The following key action points have been worked out in collaboration with various Stake
holders for effective prevention and combating of cyber crime against children.
I. The Law Enforcement Agencies i.e. Police, Prosecution and Judiciary etc. And the Public at
large may be made aware and trained through special training programmes /seminars and
workshops for the effective implementation of Information technology Act, 2000 read with
Information Technology (Amendment) Act 2008 and Rules made there under, as these are
effective laws to deal with Cyber-Crime, including crime against Children. The training should
be with the specific purpose of handling crimes against children.
II. Special Juvenile Police Units constituted under sec. 63 of Juvenile Justice (Care and
Protection of Children) Act, 2009 may be sensitized and trained to deal with children in conflict
of law with respect to cyber-crimes as well.

64
III. Parents, teachers & children should be encouraged to play an active role by reporting
suspicious behaviour and give information regarding websites hosting exploitative images,
videos and efforts to recruit or groom children for sexual abuse. Special precautions will need to
be taken to monitor and regulate the spreading awareness of cyber crime among children so
that it does not have any negative effect. Use of electronic and print media may also be made
appropriately.
IV. It is essential to monitor and regulate social networking sites and services because it has
been seen that it hosts most of the obscene materials which induce children to sexually explicit
act or other crimes. Parents, teachers and owners of the online computing facilities should be
trained to implement “parental control software’ in such a manner that spoofing of age, gender
and identity is mitigated. In their implementation, multifactoral authentication and other
security techniques should be employed.
V. Training to protect and seize digital evidence in a secure manner should be provided to law
enforcement agencies and also to examiners of digital evidence.
VI. Maintaining confidentiality of the child victim and providing him/her guidance and support
to deal with the after effects of such crimes should be ensured.
VII. Obtaining help and support of NGO’s working in the field of online child protection.
VIII. Conducting special sensitization programme and skill development for those manning
child help lines such as 1098 or Police Control Room etc. may be considered.
IX. On the State Police websites, social networking websites and web browsers it is suggested
to have a children’s corner where Internet safety tips in simple language can be explained to
them and helpline number or e-mail addresses provided for, in case of any problem.
X. Efforts can be made to develop some mechanism by which online checking of registers,
records of each cybercafé can be done from a central location.
XI. Mobile Internet security must be promoted among parents and children.
XII. It is often seen that processing of digital evidence in Computer Forensic Laboratories takes
a long time. States must consider as take him their own central as well as regional computer
forensic laboratories. Mobile Cyber Forensic Vans would also be useful in seizing electronic
evidence from the spot in a proper manner. Assistance of NASSCOM may also be taken to
establish cyber labs & training. In addition to NASSCOM help of other agencies like NTRO,
CERT-In etc. may also be taken for training.
XIII. In appropriate cases, police officers may carry out undercover cyber patrol operations to
identify internet criminals, lure them by posing as minors and arrest them. The exercise should
be done in accordance with Section 72 and Section 72 (A) of Information Technology Act, 2000.

65
XIV. Apart from legal provisions for search under Section 100 and 165 Cr. P. C., Section 80 of
IT(Amendment) Act, empowering any police officer not below the rank of a Police Inspector for
search, can also be used appropriately.
XV. “Cyber Crime Investigation Manual" published by Data Security Council of India is a useful
book and may be referred to.
XVI. Whenever it is noticed that the investigation requires information or help from outside
India, CBI Interpol Division may be approached and provision of Mutual Legal Assistance
Treaties and Letter of Rogatories (LRs) may be used. Ministry of Home Affairs circular
No.25016/14/2007-Legal Cell, dated 31-12-2007, may be referred to for guidelines in this regard.
However, it should be kept in mind that LRs are often time consuming and by the time LRs are
issued, the digital foot prints (evidence) is already lost. G8 24x7 Desk of CBI, which looks after
network and international aspects of cyber crime, may be contacted.
XVII. Wherever any material which is covered under Section 67, Section 67 A and Section 67 (B)
of Information Technology Act, 2000 and seen on the Web, which is covered under Section 69
(A) of the IT Act under ‘Public Order’ or ‘preventing incitement to commissioning of cognizable
offence’ in such cases, police may consider invoking provisions of IT Procedure and Safeguards
for Blocking of Information by Public Rules, 2009. Provisions of Section 67 (C) of IT Act should
be used for preservation of evidence by intermediaries.
XVIII. Websites hosting online gaming or children centric contents must issue specific
guidelines regarding internet safety. Those transmitting, publishing or storing obscene
material in contravention with the provisions of Section 67, Section 67 (A), Section 69, Section
69 (A) and Section 69 (B) of the IT Act, must be acted against.
XIX. In appropriate cases, police should request Social Networking sites to remove undesirable
contents. Most frequently visited and popular sites should be audited for security concerns.
Many of these are being used either for compromising of systems or for luring and incitement
of children.
3. The aforesaid measures are only indicative and the State Governments/UT Administrations
may consider any additional measures for the preventing & combating cyber crime against
children as necessary. This Ministry may also be kept apprised of any special
measures/mechanisms introduced in their respective jurisdictions so that the same could be
circulated to the other State Governments and UT Administrations for consideration/ adoption.
4. The receipt of this letter may kindly be acknowledged.
Yours faithfully,
(B. Bhamathi)
Additional Secretary to the Govt. of India,

66
ANNEXURE E
ACP & SJPU CONTACT DETAILS
DISTT ACP MOBILE
NUMBER
SJPU NUMBER OFFICE
NUMBER
NEW DELHI SH SATBIR SINGH 9971433333 MEENA KUMARI 9868811765 011-23361233
EAST GAJENDER SINGH 9911083949 KUSUM MANDOLA 9968875545 011-22099184
WEST INDRA SHARMA 935009459
9
ANAND LAKRA 9891166110 011-25913702
011-25915314NORTH RAGHUBIR PRASAD 9971600127 PAWANJEET KAUR 9811059945 011-23814803
011-23828880SOUTH ASHA THAKUR 9868103616 REKHA 9868115087 011-26562731
011-26563367SOUTH EAST JATINDER MANI 9910874580 RAMESH CHAND 9891469175 011-26310052
011-26264645SOUTH WEST BRAHAM PARKASH 981004226
2
SUMAN RISHI 996809677
6
011-25989961
011-25088987NORTH EAST AVTAR SINGH 9811188884 SHASHI 9711392525 011-22137210
011-22598851NORTH WEST JAGDISH PRASAD 9810016193 RAJINI SAROHA 9871566150 011-27123566
011-27315254CENTRAL M.D MEENA 9990011757 B.P SHARMA 9811454443 011-23242670
011-23233569OUTER M.S DWIVEDI 9810813690 PARVATI DEVI 9871231801 011-27511848
011-27511752C & R GURBACHAN SINGH 8750871301 B.S JAKHAR 8708713423 011-23923015-
16
011-23994004
IGI M.I HAIDER 8750871363 RAJ KUMAR 9871599166 011-25675291
011-25674416
Please Note: Refer to the following websites in order to obtain updated contact information
http://dpjju.com/
http://dpjju.com/index.php?option=com_content&view=article&id=106&Itemid=181

67
ANNEXURE F
INTERNATIONAL PRACTICES: A STUDY OF SPECIFIC CHILD
PROTECTION MANUALS
[Note: Certain international Child Protection Manuals were studied in order to gain a better
understanding of how to frame and formulate these guidelines. Given below are certain key
excerpts and findings which could prove useful for future child protection policies]
INDONESIA
National Standards of Care for Child Welfare Institutions
Framework of the document
1. Introduction: This contains a brief background of the issue in the country, the process
followed in drafting the standards, the need for standards, objectives it seeks to achieve
and the legal framework under which these standards exist.
2. Chapter II sets the main principles of alternative care for children which includes
children’s right to a family, responsibilities and the role of parents and family,
prevention from family separation, the continuum of child care, support for the family in
its childrearing role, the role of the government, alternative care for children, residential
care, assessments of children’s care needs, decision making on the placement of a child
in alternative care, maintaining the sustainability of the child’s education and social-
cultural life, and child’s involvement in deciding the type care he/she should have
3. Chapter III sets the standard on how to determine the appropriate response to the
children, which include the role of Child Welfare Institutions in providing services for the
child and in planning the care method
4. Chapter IV sets the standards for services
5. Chapter V sets the organizational standards that include the vision, mission, and
objectives of Child Welfare Institutions; rules around establishment and operating
authorization, the role of the Social Authorities/Affairs Offices, accreditation of Child
Welfare Institutions; and facilities
Relevant provisions
 In order to ensure that the standards apply across the board to all institutions, the
document states “In the context of these standards, any institution or organization that
provides care for children, whatever the name it uses, is referred to as a Child Welfare
Institution”

68
 The document is the solution to a survey carried out by children (child lead survey) itself
that live in child care institutions. Hence the standards prescribed come as answers to
specific problems that stood out in the survey.
 The document outlines who are the users of the document and how each different user
should use it
 The standards contain the following definitions
Family: “The smallest unit in society and shall consist of husband and wife, or husband,
wife and child, or father and child, or mother and child, or a family consisting of blood
relations in a straight line up to the third degree”
Substitute Family: “The substitute family that replaces the role of the nuclear family in
providing care for children; consisting of kin, foster family, adoptive family and
guardians”
Bullying: “Various types of behavior conducted by one or more child (usually
intentional) that lead to pain, anxiety, shame, or social exclusion to other children in the
form of physical or verbal behaviour, as well as destruction or theft”
 The document contains what to do followed by the practical steps on how to achieve it
AUSTRALIA
CHILD PROTECTION GUIDE TO POLICY AND PRACTICE: New South Wales
1. Quick Guides: One page guides on pivotal aspects such as important phone numbers, a
reporting mechanism, promoting child safety in the workplace
2. Policy followed by Procedure: It contains the policy followed by the procedure on how
it can be achieved. For example:
POLICY: PROMOTING CHILD SAFETY IN THE WORKPLACE
To ensure the safety of children and young people receiving services from the agency by
following legislative requirements for screening of paid staff, contractors and volunteers
who provide services to children and young people and addressing all allegations made by
children and young people against agency employees, in compliance with relevant
legislation

69
PROCEDURE: A series of exact “how to” steps to achieve that particular policy
3. The document is a “live” document, i.e. institutions can simply adopt it and fill in their
particulars
4. The language used is directed at the person using the document. For eg: “Where a
child has disclosed sexual abuse, do not tell the parent about the disclosure or the need
to make a report. There is a high risk in sexual abuse allegations of a child feeling
pressure to retract their disclosure.” Or “If you are not sure whether to tell a parent that
you need to make a report of risk of significant harm, or if you have any doubts about
the possible consequences of telling a parent that a report has been made, you should
check with your supervisor”
5. Every policy provision contains examples and case studies that explain the policy.
These are called practice examples. For eg:
“Jen is a youthworker assisting 13 year old Selma. Selma has told Jen that her uncle has
recently moved in with the family. When Jen is talking to the school counsellor at Selma’s
school, the school counsellor advises that Selma’s uncle has convictions for sexual abuse of
children and is a registered sex offender. The school counsellor was not aware that Selma’s
uncle had been released from custody and had moved in with Selma’s family. The school
counsellor checks the Mandatory Reporter Guide and receives a Final Decision that a report
of risk of significant harm should be made. The school counsellor immediately makes the
report. Jen records in her file that the school counsellor has made the report. She does not
make an additional report because she does not have any additional information. The
school counsellor provides her with a copy of the Final Decision, and later advises her of the
feedback from the report.”
6. Each policy also contains existing legal provisions relevant to it
UNITED STATES
Preventing Child Sexual Abuse Within Youth-serving Organizations: Getting Started on
Policies and Procedures
1. The document identifies six components of child sexual abuse prevention.
a. Screening and selecting employees and volunteers
b. Guidelines on interactions between individuals
c. Monitoring behavior

70
d. Ensuring safe environments
e. Responding to inappropriate behavior, breaches in policy, and allegations and
suspicions of child sexual abuse
f. Training about child sexual abuse prevention.
Each component is described in detail, including the prevention goals, critical strategies,
and additional strategies that could be considered depending on the context and resources
of individual organizations.
2. The sections that follow offer suggestions for addressing challenges to developing and
implementing a strategy to prevent child sexual abuse and provide tools to help
organizations move forward.
3. Definitions:
Children and youth: Anyone between the ages of zero and 17 years. In this document, these
terms are used interchangeably.
Child sexual abuse: “Child sexual abuse involves any sexual activity with a child where consent
is not or cannot be given. This includes sexual contact that is accomplished by force or threat of
force, regardless of the age of the participants, and all sexual contact between an adult and a
child, regardless of whether there is deception or the child understands the sexual nature of the
activity. Sexual contact between an older and a younger child also can be abusive if there is a
significant disparity in age, development, or size, rendering the younger child incapable of
giving informed consent. The sexually abusive acts may include sexual penetration, sexual
touching, or non-contact sexual acts such as exposure or voyeurism.”
4. Challenges table: the document contains a table of challenges commonly faced by
organisations and the strategies that could be used to combat these challenges. These
challenges are divided into
a. Beliefs that hinder child sexual abuse prevention
b. Structural issues that hinder child sexual abuse prevention (financial,
infrastructure related)
For example:
Challenges Strategies
Denial related to child sexual abuse
Belief that child sexual abuse never happens
Use statistics to justify your organization’s
efforts.
Use current events to highlight the need for

71
in “my organization.”
Belief that offenders can be identified by a
stereotype (e.g., offenders are “monsters”
and not the nice employees/volunteers that
you
know in your organization).
child sexual abuse prevention within your
organization.
Present actual cases (i.e., personal stories)
to make people aware of the need for child
sexual abuse prevention and to show that
offenders are not easily identified by
stereotypes.
5. A Child Sexual Abuse Prevention Planning Tool for Organizations which is a matrix/table
that allows organisation to chart out how successful their prevention strategies are in
relation to existing guidelines, laws and policies. It also serves as a planning tool; a measure
of how and when each policy will be implemented in organisations; i.e. in one month, in six
months, one year
UNITED KINGDOM
Children First: National Guidelines for the Protection and Welfare of Children
Framework of the Document
1. Key Messages
2. Principles, Aims and Use of the guidelines
3. Definitions and Recognition of Child Abuse, Basis for reporting concerns and Standard
Reporting Procedure, Interagency Cooperation
4. Special Considerations: Especially vulnerable children, Peer abuse
Relevant provisions
1. Initial one page summary with guidance on which page each provision can be found
2. Fatal child abuse: In the tragic circumstances where a child dies as a result of abuse or
neglect, there are three important aspects to be considered: criminal, (other) child
protection and bereavement
3. The existence of standard reporting forms
4. Confidentially: All information regarding concern or assessment of child abuse should
be shared on 'a need to know' basis in the interests of the child
5. Roles & Responsibilities of various stakeholders

72
6. Child Protection Notification System (CPNS) is a HSE record of every child about
whom there is an ongoing child protection concern. A child's name is placed on the
CPNS by the HSE Child Care Manager/equivalent designated person following
notification after initial assessment and consultation
7. The provision for “Organised Abuse”. Essentially, organised abuse occurs either when
one adult moves into an area or institution and systematically entraps children for
abusive purposes (mainly sexually) or when two or more adults conspire to similarly
abuse children, using inducements. Organised abuse can occur in different settings,
such as the community, the family or extended family, or an institution.
8. Important Definitions (not previously occurring)
a. Sexual abuse by children and young people:
Normal sexual exploration: This could consist of naive play between two children that
involves the exploration of their sexuality. This type of behaviour may be prompted by
exchanges between children, such as 'You show me yours and I'll show you mine'. One
of the key aspects of this behaviour is its tone: there should not be any coercive or
dominating aspects to this behaviour. Usually, there is no need for child protection
intervention of any kind in this type of situation
Abuse reactive behaviour: In this situation, one child who has been abused already acts
out the same behaviour on another child. This is serious behaviour and needs to be
treated as such. In addition to responding to the needs of the abused child, the needs of
the child perpetrator in this situation must also be addressed.
Sexually obsessive behaviour: In this type of situation, the children may engage in
sexually compulsive behaviour. An example of this would be excessive masturbation,
which may well be meeting some other emotional need. Most children masturbate at
some point in their lives. However, where children are in care or in families where care
and attention is missing, they may have extreme comfort needs that are not being met
and may move from masturbation to excessive interest or curiosity in sex, which takes
on excessive or compulsive aspects. These children may not have been sexually abused,
but they may be extremely needy and may require very specific help in addressing those
needs.
Abusive behaviour by adolescents and young people: Behaviour that is abusive will
have elements of domination, coercion or bribery, and certainly secrecy. The fact that
the behaviour is carried out by an adolescent, for example, does not, in itself, make it
'experimentation'. However, if there is no age difference between the two children or no
difference in status, power or intellect, then one could argue that this is indeed

73
experimentation. On the other hand, if, for example, the adolescent is aged 13 and the
child is aged 3, this gap in itself creates an abusive quality that should be taken seriously.
b. Bullying can be defined as repeated aggression – whether it be verbal,
psychological or physical – that is conducted by an individual or group against
others. It is behaviour that is intentionally aggravating and intimidating, and
occurs mainly among children in social environments such as schools. It includes
behaviours such as teasing, taunting, threatening, hitting or extortion by one or
more persons against a victim. Bullying can also take the form of racial abuse.
With developments in modern technology, children can also be the victims of
non-contact bullying, via mobile phones, the Internet and other personal devices
9. Important Appendices include a standard reporting form, signs of child abuse, etc

74
POST OCCURENCE INTERVENTION
[Note: These guidelines cover the specific mandate of prevention of abuse against children within
the State. However, through deliberations with the Core Committee, a consensus decision was
arrived at to include certain aspects of how to proceed post an incident of abuse occurring. While
this is not meant to be exhaustive, it provides a reference to various circulars, orders and Court
Judgements pertaining to the role of different stakeholders]
Role of the Institution
i. All institutions shall maintain the contact details for the nearest local police station,
hospitals, Special Juvenile Police Unit and Child Welfare Committee.
ii. In case an offence against any child is apprehended by or comes to the notice of the
management or staff of an institution or any other person, such person shall provide the
relevant information regarding the offence to the Child Abuse Monitoring Committee who
will depute a counsellor and/or another adult who the child may be comfortable with, to
counsel the child.
iii. The institution shall, within a period of twenty four hours, intimate the emergency contact
person, a responsible family member or guardian of the child, of the offence and ensure
that such person is aware of the reporting procedure to be undertaken by the institution
Exception: In case the offence has or apprehended to have been perpetuated by a family
member or such emergency contact person, the institution shall inform any other family
member or guardian
iv. In case the offence results in a medical or health related emergency, it shall be the
responsibility of the institution to ensure that the child is taken to the nearest health centre
for treatment immediately
v. If there is a requirement for any forensic test or DNA profiling, the institution shall ensure
that at all times through that process, a responsible adult with whom the child is
comfortable, accompanies the child.
vi. The institution shall ensure that a competent person, preferably from the Child Abuse
Monitoring Committee, takes over the supervision and responsibility of filing the FIR. A
copy of the FIR shall be maintained by the institution.
vii. The institution shall be liable for any breach of confidentiality of the identity of the child
and details of the offence during the reporting procedure

75
viii. In accordance with the Protection of Children From Sexual Offences Act, 2012, if the
statement of the child is to be recorded within the institution, adequate arrangements shall
be made such that the child is in a comfortable and friendly environment enabling him or
her to disclose all the necessary information
ix. The institution shall, based on the recommendation of the Child Abuse Monitoring
Committee, suspend the accused pending the outcome of the enquiry
x. An enquiry, in accordance with the Child Protection Policy of the institution, shall
commence no later than 24 hours after the incident has been reported
xi. A report shall be prepared by the institution upon immediate conclusion of the enquiry with
a copy being given to the parent/guardian, and the Child Abuse Monitoring Committee
xii. The whole redressal mechanism within the institution, must, as far as practicable, not
stretch beyond a period of 15 days
Role of the Child Abuse Monitoring Committee (within the Institution)
i. In case an offence against any child is apprehended by or comes to the notice of the
management or staff of an institution or any other person, such person shall provide the
relevant information regarding the offence to the Child Abuse Monitoring Committee who
will depute a counsellor and/or another adult who the child may be comfortable with, to
counsel the child.
ii. The Committee referred to hereinabove will also proceed with the procedure for reporting
of offences under the Protection of Children from Sexual Offences Act & Rules, 2012 as
amended from time to time
iii. The Committee may sit together as soon as possible but not later than 2 days from the day
of the incident to confer on the same.
iv. A report should be given to the Special Juvenile Police Unit or local police which will contain
the necessary details of the incident as well as a recommendation for a counselling
mechanism to commence at the earliest within forty-eight hours. The report to be given
shall be prepared by the Child Abuse Monitoring Committee. A copy of this report shall be
maintained with the institution.
v. The Committee will recommend immediate suspension of the person accused and then
conduct an enquiry based on the child’s version and statements of witnesses (if any). In
these cases, the welfare and best interest of the child will be of paramount consideration.
The burden of proof will lie with the adult to prove his/her innocence.

76
Role of the Police
i. In case an offence is committed, or apprehended that it is likely to be committed, the police
must act immediately. A D.D. entry must be made in all cases and read over to the
informant. This report will then be entered in the book/Register
ii. An F.I.R. will be registered under the relevant Section of POCSO and a free copy will be
handed over to the person making such report
iii. The medical examination of the child should be conducted in accordance with Section 164
CrPC. The medical examination must be in the presence of a parent/guardian/support
person or a woman nominated by the Head of the hospital. In case of a girl child, the
examination must be conducted by a woman doctor
iv. If the child is a CNCP, the IO shall, after recording the reasons in writing, make immediate
arrangements to give him such care and protection (including admitting him into the
nearest shelter home or hospital) within 24 hours of making the report
v. The victim cannot be called to a police station; if at all, the statement of the victim is to b
recorded at the victim’s residence or any other place by women police officers (as far as
possible)
vi. The IO must submit a report to the CWC and Special Court without unnecessary delay but
within 24 hours for all cases under POCSO
vii. Only the following categories of children are required to be produced before the CWC:
a. If the offence is committed by a person living in the same or shared household with
the child
b. If the child is living in a child care institution and is without parental support
c. The child is found to be without any home or parental support
viii. Only a S.I. or above can handle cases under POCSO.
ix. The following information is to be given to a child and parent/guardian/support person by
the IO:
a. The availability of private and public emergency and crises centres
b. The procedural steps involved in a criminal prosecution
c. The availability of victim compensation benefits
d. The status of the investigation of the crime to the extent it will not interfere with the
investigation
e. The arrest of a suspected offender

77
f. The filing of charges against suspected offenders
g. The schedule of court proceedings that the child is required to attend or is entitled
to attend
h. The bail, release or detention status of an offender or suspected offender
i. The rendering of a verdict after trial
j. The sentence imposed on an offender
Others
i. In case of an emergency, 100 should be dialled. For reporting an emergency, please
refer to the following website:
http://dpjju.com/index.php?option=com_content&view=article&id=90&phpMyAdmin=
531f807a0fcebd2f7e6ca6d45d38ab06&Itemid=216
ii. For non emergency cases, the following online complaint mechanism can be availed of:
http://dpjju.com/index.php?option=com_content&view=article&id=215&task_submitm
ail=no&Itemid=216
The Govt of NCT of Delhi and various functionaries have, from time to time, issued circulars,
orders and standing instructions on how to deal with incidents of abuse among women and
children. Attached below, are certain relevant circulars/orders/guidelines
POLICE CIRCULARS
Instructions with respect to victims of sexual offences/rape etc
OFFICE OF THE COMMISSIONER OF POLICE : DELHI.
C I R C U L A R No. 01/2012 Delhi Police
Sub : Instructions with respect to victims of sexual offences/rape etc.
******
It has been learnt that accused persons arrested in sexual exploitation case get acquittal due to
failure of the police to produce the victim. Non availability of the victim reflects a grim picture
on the part of police. On the occasions, the Learned Courts have taken serious view in this

78
regard. This situation can be avoided if the investigating officers exercise professional attitude
while handling such cases.
At the time of recording of First Information Report, the victim of such cases should be
interacted by the I.O. in a peaceful environment to ensure maximum information about the
incident and victim herself. After getting initial information, a responsible lady police official
should talk to the victim at length to yield purposeful personal information about the victim.
This will help prosecution to produce the victim in the Court during trial. During this
interaction, expert members of NGOs working in this filed can also be associated so that the
victim may feel more comfortable. During the course of interaction with victim the I.O. should
try to get maximum details from victims such as to enable victim to produce before court.
1. Name/address and contact number of the victim in Delhi as well as of her native place.
2. Complete detail about the family members of the victim. It should include parents of the
victim and parents of her husband also, if she is married.
3. Detail of property/vehicle if any, in the name of victim or any of her family members.
4. Her birth place with name of concerned Police Station, Tehsil and District.
5. Detail about school/college if relevant, with class/date of admission/leaving the
institution.
6. Name, address and contact number of any friend / teacher who have been in regular
contact with her.
7. Details of other persons with whom she has been in regular contact.
8. Detail about land lord, if she is a tenant. The land lord should be requested to inform the
I.O. if the victim changes her address.
9. Concerned beat staff should also be briefed to remain in contact with the victim/witness.
10. In case, victim is minor, Child Welfare Committee/concerned court should be requested
by the IO to get verified the address and actual relation of the person to whom victim is
handed over before passing such order.
(SUNIL GARG) I.P.S.
JOINT COMMISSIONER OF POLICE
POLICE HEADQUARTERS: DELHI.
No. 01-100/Record branch / PHQ, dated Delhi, the 03-01-2012.
Copy to:-

79
1. All Special Commissioners of Police, Delhi.
2. All Joint/Addl. Commissioners of Police, Delhi.
3. All Dy. Commissioners of Police, Districts/Units Delhi, including FRRO, IGIA & Spl. Cell,
Delhi/New Delhi.
4. SO to CP & LA to CP, Delhi.
5. DCP/Legal Cell/PHQ, Delhi.
6. All SHO’s in Delhi.
7. I/C Library, PHQ Delhi with 5 spare copies.
8. HAR/PHQ with 10 spare copies.
9. Guard file/Legal Cell/PHQ.
DELHI POLICE
STANDING ORDER NO. 303/ 2010
GUIDELINES TO BE FOLLOWED BY THE POLICE WHILE INVESTIGATING CASES OF RAPE
INTRODUCTION
The need to issue comprehensive instructions regarding investigation of rape or sexual assault
cases has been felt to improve the quality of investigation and to secure maximum conviction.
Earlier, SO No. 303 issued on 17.12.02 titled ‘Functioning of Rape Crisis Intervention Centres in
Police Districts of Delhi’ with its addendum and SO No. 313 of 2005 were in vogue. In the past
few years the Hon’ble High Court of Delhi and the Hon’ble Supreme Court have passed
guidelines for the investigation of sexual assault cases. In addition to the statutes and
directions of the Hon’ble Courts, certain other important directions have been incorporated in
this standing order which are equally important and are to be followed while investigating
sexual assault cases.
GUIDELINES OF THE HON’BLE HIGH COURT
The Hon’ble High Court of Delhi in the Writ Petition (Crl.) No. 696/2008 titled ‘Delhi
Commission for Women Versus Shri Lalit Pandey and another’ passed comprehensive
guidelines to be followed by the police, hospitals/doctors, child welfare committees, courts,
prosecutors and other authorities. This includes setting up of ‘Crisis Intervention Centres’ by
the Delhi Commission of Women. The guidelines which are relevant to the police are
reproduced as under:-

80
“a. “Crises Intervention Centre” The Hon’ble High Court of Delhi defined a Crises
Intervention Centre as an agency recognized by the Delhi Police and Delhi Commission for
Women (DCW) for responding to calls of sexual assault at the police station to provide
counseling and other support services to victims of rape. The Districts have been associating
with various NGOs including Swanchetan for the purpose. However, it needs to be noted that
NGOs which have not been recognized by the Delhi Commission for Women do not meet with
the directions/requirements of the Hon’ble High Court of Delhi. It is imperative that one of the
following agencies which are recognized as Crisis Intervention Centres by the DCW should be
associated with the investigation of cases. These agencies along with their addresses,
telephone numbers of nodal persons is as follows:-
NAME, ADDRESSES AND TELEPHONE NUMBERS OF THE NODAL OFFICER AND MEMBERS
OF CRISES INFORMATION CENTRE FUNCTIONING IN DISTRICTS/UNITS FOR PROVIDING
HELP TO VICTIMS OF RAPE / SEXUAL ASSAULT.
Sl. No. Name of
CIC’s
Address Ph.No. District Contact
Person
1. SAMPURNA Basement 35, Vinoba
Kunj, Sector-9, Rohini,
Delhi – 85
27862242 North
West
Dr. Shobha
Vijayan
9868104665
2. CENTRE
FOR SOCIAL
RESEARCH
2, Nelson Mandela Marg,
Vasant Kunj, New Delhi –
70
maneesh@csrindia.org
26899998
26125583
FAX No. :
26137823
South
West
Mr. Maneesh
Singh
9873660315
3. NARIRAKSH
A SAMITI
2, Rajniwas Marg,
Civil Lines, Delhi - 54
23973949
23945932
23867771
North Mr. J.P. Saini
4. PRAYATAN E – 103, Kalkaji,
New Delhi – 19
26415831/32
26448394
South
East
Ms. Garima
9911078039
5. PRATIDHI Shakarpur Police Station
Complex, Room No.25,
1st
Floor, Ramesh Park,
Pusta Road, Delhi – 92
22527259
22450100
FAX No.:
22058718
East Ms. Ranju
Sethi
6. ANGAJA
FOUNDAT
ION
A-7, Amrit Nagar,
Behind South Ext.-I
New Delhi – 03
24617414/61
2
24616717
North
East
New
Delhi
Ms. Raka
Sinha Bal
24634978
25634978
7. Prayas 59, Tuglakabad
Institutional Area, New
Delhi – 62
29955505 South Ms. Astha
9718205995
8. Nav
Shrishti
House No.447, Neb
Sarai, Maidan Garhi
Road, New Delhi – 68
navshrishtidel@rediffm
29565697 Outer Ms. Reena
Banerjee
9810226459
Nazma

81
ail.com (Nangloi)
9213766564
Kishor
9873852979
9. AIWC Sarojini House, 6
Bhagwan Das Road,
New Delhi
Mahila
Helpline
10921
23070834
23070858
West Ms. Bulbul
Das
9910816106
10. PRATIDHI Shakarpur Police
Station Complex, Room
No.25, 1st
Floor,
Ramesh Park, Pusta
Road, Delhi – 92
22058728 North
East
Ms. Neeru
11. RAPE
CRISIS
CELL
Delhi Commission for
Women, C-Block, Vikas
Bhawan, IP Estate, New
Delhi
23370557 Central Ms.
Madhulika
Ms. Raj
Kumari
Banju
a. However, as mentioned in ‘d’, here-in-after, on receipt of information regarding commission
of a rape, the IO/SHO has to inform the Rape Crisis Cell at their helpline No. 23370557 who in
turn would depute a member from the Crisis Intervention Centre. However, in order to avoid
delay, the IO/SHO may also directly contact the Crisis Intervention Centre approved by the
Delhi Commission for Women as mentioned above.
b.“Expert” means a person who is qualified and has experience in dealing with cases of sexual
violence;
c.“Guardian” includes besides the natural guardian, support person or any person appointed by
the Child Welfare Committee for a specified period to take care of the victim during the
pendency of the trial;
d.“Rape Crisis Cell” – On receipt of an information regarding commission of a rape, the IO/SHO
shall immediately inform the Rape Crisis Cell established by the Delhi Commission for Women
at 2nd Floor, C Block, Vikas Bhawan, New Delhi-110002. The DCW has a 24 hour helpline
number 23370557. The High Court of Delhi has clearly stated that this cell is to provide legal
assistance in the cases of sexual assault who could coordinate the Crises Intervention Centres
and provide legal support to the victim and her family.

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e.“Support Person” means a person working in the capacity of a counselor working with a
recognized and registered Crises Intervention Centres, approved by the Delhi Commission for
Women;
f.The expression “offence” for the purpose of these guidelines shall mean and include offences
of rape, attempt to rape and unnatural offences.
POLICE
a) Every SHO shall ensure that at his Police Station a lady police official/officer not below the
rank of a Head Constable available round the clock.
b) As soon as a complaint of the offence is received, the duty officer receiving the
complaint/information shall call the lady police official/officer present at the police station and
make the victim and her family comfortable.
c) The duty officer, immediately, upon receipt of the complaint/ information intimate the “Rape
Crises Cell” on its notified helpline number.
d) After making preliminary enquiry/investigation, the Investigation Officer along with the lady
police official/officer available, escort the victim for medical examination.
e) The Assistant Commissioner of Police shall personally supervise all investigation into the
offence.
f) The statement of the victim shall be recorded in private, however, the presence of family
members while recording statement may be permitted with a view to make the victim
comfortable. In incest cases, where there is a suspicion of complicity of the family members in
the crime, such family members should not be permitted.
g) The Investigation Officer shall bring the cases relating to “child in need of care and
protection” and the child victim involved in incest cases to the notice of Child Welfare
Committee.
h) The accused should not be brought in the presence of victim except for identification and
that too in the Court during TIP proceedings on the direction of MM.
i) Except the offences which are reported during the night, no victim of sexual offence shall be
called or made to stay in the police station during night hours. The Social Welfare Department

83
of the Government of NCT of Delhi shall ensure that Superintendents of the Foster Home for
Women will provide necessary shelter till formal orders are secured from the concerned
authorities.
j) The Investigating Officer shall endeavour to complete the investigation at the earliest and he
shall ensure that in no case the accused gets the undue advantage of bail by default as per the
provisions of Section 167 Cr.P.C. It is desirable that in cases of incest the report under Section
173 Cr.P.C. is filed within 30 days.
k) Periodical Training to deal with rape cases should be provided to the Police Officers, Juvenile
Police Officers, Welfare Officers, Probationary Officers and Support persons. A Training
Module be prepared in consultation with the Delhi Judicial Academy.
l) The Police should provide information to the Rape Crisis Cell regarding the case including the
arrest and bail application of the accused, the date of filling of the investigation report before
the Magistrate;
m) The police should keep the permanent address of the victim in their file in addition to the
present address and such other information which may help in finding the prosecutrix during
trial if she leaves her reported addresses. They should advise the victim to inform them about
the change of address in future;
n) Subject to the outcome of the W.P. (C) 2596/2007 titled Rajeev Mohan Vs State, pending
before the Hon’ble High Court in cases where the victim informs the police about any threats
received by the accused family, the concerned DCP should consider the matter and fresh FIR
must be registered under Section 506 of the Indian Penal Code.
Directions to be followed by IOs while investigating the child sexual abuse cases
Directions issued by the Hon’ble High Court of Delhi in W.P. (Crl.) No. 930/2007 titled
“Court on its own motion Vs State & Anr”
The Hon’ble High Court of Delhi in W.P. (Crl.) No. 930/2007 titled “Court on its own motion Vs
State & Anr” has issued following directions to be followed by IOs while investigating the child
sexual abuse cases.
“The children by reason of their physical and mental status need special safeguards and care.
Child victims of sexual abuse are to be treated with compassion and dignity. All concerned

84
associated with Criminal justice System need to be sensitized about their protective role to
prevent further victimization of child victims.” To secure this end it is rendered imperative to
lay down certain guidelines, which we do and direct as follows:-
POLICE
1. On a complaint of a cognizable offence involving a child victim being made, concerned
police officer shall record the complaint promptly and accurately.
2. The investigation of the case shall be referred to an officer not below the rank of Sub-
Inspector, preferably a lady officer, sensitized by imparting appropriate training to deal with
child victims of sexual crime.
3. The statement of the victim shall be recorded verbatim.
4. The officer recording the statement of the child victim should not be in police uniform.
5. The statement of the child victim shall be recorded at the residence of the victim or at
any other place where the victim can make a statement freely without fear.
6. The statement should be recorded promptly without any loss of time.
7. The parents of the child or any other person in whom the child reposes trust and
confidence will be allowed to remain present.
8. The investigation officer to insure that at no point should the child victim come in
contact with the accused.
9. The child victim shall not be kept in the police station overnight on any pretext,
whatsoever, including medical examination.
10. The investigating officer recording the statement of the child victim shall ensure that
the victim is made comfortable before proceeding to record the statement and that the
statement carries accurate narration of the incident covering all relevant aspects of the case.
11. In the event the investigating officer should so feel the necessity, he may take the
assistance of psychiatrist.
12. The investigating officer shall ensure that the child victim is medically examined at the
earliest preferably within twenty four hours ( in accordance with Section 164-A Cr.P.C.) at the
nearest government hospital or hospital recognized by the government.
13. The investigating officer shall ensure that the investigating team visits the site of the
crime at the earliest to secure and collect all incriminating evidence available.

85
14. The investigating officer shall promptly refer for forensic examination clothing and
articles necessary to be examined, to the forensic laboratory which shall deal with such cases
on priority basis to make its report available at an early date.
15. The investigation of the cases involving sexually abused child may be investigated on a
priority basis and completed preferably within ninety days of the registration of the case. The
investigation shall be periodically supervised by senior officer(s).
16. The investigating officer shall ensure that the identity of the child victim is protected
from publicity.
Instructions issued in cases where the victim of sexual offence is minor / child
Instructions issued by Hon’ble High Court of Delhi in Mahender Singh Chhabra vs. State of
N.C.T. of Delhi & Ors. (Writ Petition (Criminal) No. 1242/2003), Court on Its Own Motion vs.
State & Anr. (Writ Petition (Criminal) No. 930/2007) and Virender S/o Meelal Vs. State of
N.C.T. of Delhi (Crl. Appeal No. 121/2008)
The following instructions issued by Hon’ble High Court of Delhi in Mahender Singh Chhabra
vs. State of N.C.T. of Delhi & Ors. (Writ Petition (Criminal) No. 1242/2003), Court on Its Own
Motion vs. State & Anr. (Writ Petition (Criminal) No. 930/2007) and Virender S/o Meelal Vs.
State of N.C.T. of Delhi (Crl. Appeal No. 121/2008) also need to be complied with, more
particularly in cases where the victim of sexual offence is minor / child:-
1. Upon receipt of a complaint or registration of FIR for any of the aforesaid offences,
immediate steps shall be taken to associate a scientist from Forensic Science Laboratory or
some other Laboratory or department in the investigations (Crime Team). The Investigating
Officer shall conduct investigations on the points suggested by him (complainant) also under
his guidance and advice.
2. Whenever the SDM / Magistrate is requested to record a dying declaration, video recording
also shall be done with a view to obviate subsequent objections to the genuineness of the dying
declaration.
3. The material prosecution witnesses cited in any of the aforesaid offences shall be ensured
safety and protection by the SHO concerned, who shall personally attend to their complaints, if
any.
4. To ensure that the complainant or victim of crime does not remain in dark about the
investigations regarding his complaint /FIR, the complainant or victim shall be kept informed
about the progress of investigations. In case the complainant gives anything in writing and

86
requests the I.O., for investigations on any particular aspect of the matter, the same shall be
adverted to by the I.O. Proper entries shall be made by I.O. in case diaries in regard to the steps
taken on the basis of the request made by the complainant. The complainant, however, shall
not be entitled to know the confidential matters, if any, the disclosure of which may jeopardize
the investigations.
5. Wherever possible, the I.O. shall ensure that the statement of the child victim is also video
recorded.
6. The child victim shall not be separated from his / her parents / guardians nor taken out from
his / her environment on the ground of “Ascertaining voluntary nature of statement” unless the
parents / guardian is reported to be abusive or the Magistrate thinks it appropriate in the
interest of justice.
7. Efforts should be made to ensure that there is continuity of persons who are handling all
aspects of the case involving a child victim or witness including such proceedings which may be
out of criminal justice system. This may involve all steps commencing from the investigation to
the Prosecutor to whom the case is assigned as well as the Judge who is to conduct the trial.
8. The police and the Judge must ascertain the language with which the child is conversant and
make every effort to put questions in such language. If the language is not known to the Court,
efforts to join an independent translator in the proceedings, especially at the stage of
deposition, should be made.
9. It must be ensured that the number of times that a child victim or witness is required to
recount the occurrence is minimized to the absolutely essential. For this purpose, right at the
inception, a multidisciplinary team involving the investigating officer and the police; social
services resource personnel as well as the Prosecutor should be created and utilized in the
investigation and prosecution of such cases involving a child either as a victim or a witness.
This would create and inspire a feeling of confidence and trust in the child.
MEDICAL EXAMINATION
1) In case of a girl child victim the medical examination shall be conducted preferable by a
female doctor.
2) In so far as it may be practical, psychiatrist help be made available to the child victim before
medical examination at the hospital itself.
3) The report should be prepared expeditiously and signed by the doctor conducting the
examination and a copy of medical report be provided to the parents/guardian of the child
victim.

87
4) In the event results of examination are likely to be delayed, the same should be clearly
mentioned in the medical report.
5) The parents/guardian/person in whom child have trust should be allowed to be present
during the medical examination.
6) Emergency medical treatment wherever necessary should be provided to the child victim.
7) The child victim shall be afforded prophylactic medical treatment against STDs.
8) In the event the child victim is brought to a private/nursing home, the child shall be afforded
immediate medical attention and the matter be reported to the nearest police station.
RECORDING OF STATEMENT BEFORE MAGISTRATE
1) The statement of the child victim shall be recorded promptly and at the earliest by the
concerned Magistrate and any adjournment shall be avoided and in case the same is
unavoidable, reasons to be recorded in writing.
2) In the event of the child victim being in the hospital, the concerned Magistrate shall record
the statement of the victim in the hospital.
3) To create a child friendly environment separate rooms be provided within the court precincts
where the statement of the child victim can be recorded. The child victim shall not be
separated from his/her parents/guardians nor taken out from his/her environment on the
ground of “Ascertaining voluntary nature of statement” unless the parent/guardian is reported
to be abusive or the Magistrate thinks it appropriate in the interest of justice.
4) Wherever possible, the IO shall ensure that the statement of the child victim is also video
recorded. No Court shall detain a child in an institution meant for adults.”
Guidelines in relation to legal assistance for rape victims
SUPREME COURT DIRECTIONS
The Hon’ble Supreme Court of India in “Delhi Domestic Working Women’s Forum Vs Union of
India (1995) 1 SCC 14” had laid down the following guidelines in relation to legal assistance for
rape victims:-

88
1. The complainants, of sexual assault cases should be provided with legal representation. It is
important to have someone who is well acquainted with the criminal justice system. The role of
victim’s advocate would not only be to explain to the victim the nature of the proceedings, to
prepare her for the case and to assist her in the police station and in court but to provide her
with guidance as to how she might obtain help of a different nature from other agencies, for
example, mind counseling or medical assistance. It is important to secure continuity of
assistance by ensuring that the same person who looked after the complainant’s interests in
the police station represents her till the end of the case.
2. Legal assistance will have to be provided at the police station since the victim of sexual
assault might very well be in a distressed state upon arrival at the police station, the guidance
and support of a lawyer at that stage and while she was being questioned would be of great
assistance to her.
3. The police should be under a duty to inform the victim of her right to representation before
any questions were asked of her and that the police report should state that the victim was so
informed.
4. A list of advocates willing to act in these cases should be kept at the police station for victims
who does not have a particular lawyer in mind or whose own lawyer was unavailable.
5. The advocate shall be appointed by the court, upon application by the police at the earliest
convenient moment, but in order to ensure that victim was questioned without undue delay,
advocates would be authorized to act at the police station before leave of the court was sought
or obtained.
6. In all rape trials anonymity of the victim must be maintained, as far as necessary.
7. It is necessary, having regard to the Directive Principles contained under Artcile-38(1) of the
Constitution of India to set up Criminal Injuries Compensation Board. Rape victims frequently
incur substantial financial loss. Some, for example, are too traumatized to continue in
employment.
8. Compensation for victim shall be awarded by the court on conviction of the offender and by
the Criminal Injuries Compensation Board whether or not a conviction has taken place. The
Board will take into account pain, suffering and shock as well as loss of earning due to
pregnancy and the expenses of child birth if this occurred as a result of the rape.
In CWP No.2738/06 titled as ‘Ms X Vs State’ had reiterated the above guidelines and directed
the Govt. of NCT of Delhi to prepare a scheme/blueprint towards ensuring compensation for
victims of violent crimes, in consultation with the National Human Right Commission.

89
Similarly, in Crl. Appeal No. 1365/08 – ‘State of Punjab v. Rakesh Kumar’, the Hon’ble
Supreme Court of India vide judgment dated 29.8.08 has held that, “where the victim is less
than 16 years of age at the time of occurrence, even though evidence show that the victim and
accused were in love and the victim admitted that she had sexual intercourse with the accused
out of love. Such consent has no relevance because of her age being less than 16 years, as per
the legal provisions of Section 375 (6).” In nutshell, sexual intercourse by a man with a girl, who
is under 16 years of age amount to rape. Hence consensual sex with a minor amounts to rape
and there can be no leniency even if she is in love with her partner. All SHOs/IOS are directed to
register the child rape cases according to Section 375 (6) IPC and such cases be investigated by
Inspector (Investigation)/SHO.
TRAINING
The Joint Commissioner of Police/Training shall organize seminars/ workshops for police
personnel for sensitization in cases of rape and sexual offence so that they are receptive to the
difficulties, suffering, pain and trauma of the victim and her family. The seminars/workshops
should also cover various aspects regarding investigation of such cases. The Hon’ble High Court
of Delhi has directed that a module for training shall be prepared in consultation with the Delhi
Judicial Academy. It must be done at the earliest for organizing the training. Faculty/guest
lecturers could be invited from the Delhi Judicial Academy, Retired Judicial/ Prosecuting
officers, Retired Police Officers, lawyers etc. may be taken. This course should include officers
of the rank of SI to ACP. A series of such courses need to be organized at different places so
that in each police station there is corpus of officers who have been duly sensitized and trained
in this regard.
COORDINATION
Joint Commissioner of Police (CAW) will coordinate and review the functioning of Crisis
Intervention Centers in all Districts of Delhi Police. He will also act as the Nodal Officer for the
Delhi Police for the Delhi Commission for Women, the National Commission for Women, the
Central Social Welfare Board, Ministry of Human Resource Development, the concerned
Government Departments and other outside agencies. Joint C.P./CAW Cell, Crime Branch & all
District DCsP including DCP IGI Airport, should send fortnightly figure to C&T Branch, as per
proforma attached. Joint CP/CAW should prepare quarterly reports on the functioning of Crisis
Intervention Centers for the Commissioner of police.
Inspector Investigation and SHO should ensure strict compliance of the afore-mentioned
guidelines/directions of the Hon’ble Supreme Court of India and Hon’ble High Court of Delhi.
This must be monitored by the ACsP during their visit to the police stations. The DCsP must
also ensure strict compliance. Joint CsP/CAW Cell and Joint CsP/Ranges also need to
periodically check up the quality of investigation in rape cases and whether the guidelines of
the Hon’ble Courts as above mentioned are being followed.

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This supersedes the previous Standing Order No. 303 issued vide No. 13554-13754/Record
Branch/PHQ dated 17-7-2009 and addendum issued vide No. 21901-22150/Record Branch/PHQ
dated 1-12-2009.
(Yudhbir Singh Dadwal)
Commissioner of Police:
Delhi.
O.B. No. 73 /RB/PHQ dated
No.11551-1180/Record Branch/PHQ dated, Delhi the 25.10.2010.
Copy forwarded for information & necessary action to the:
1. All Special Commissioners of Police including MD/DPHC, Delhi.
2. All Joint Commissioners of Police, Delhi
3. Additional Commissioners of Police, including P/PTC, Delhi.
4. All Deputy Commissioners of Police, District/Units, including FRRO, Delhi/ New Delhi.
5. SO to Commissioner of Police, LA to Commissioner of Police, Delhi
6. ACP/IT Centre with the direction to upload the Standing Order in Intra DP Net.
7. All ACsP Sub Division, Delhi including all ACsP in PHQ, Delhi.
8. All SHOs/Delhi Police through their respective DCsP with the direction to place the
Standing Order in register No. 3 Part-I of the Police Stations.
9. All Inspectors/PHQ, including Reader to CP, Delhi.
10. Librarian/PHQ.
Circular relating to DNA profiling
No.15/2012
C I R C U L A R
1. DNA profiling in the form of Forensic evidence plays a very crucial role, not only in
correctly identifying the accused but also in release of innocents kept in judicial custody
for long periods of time and needs to be used in every case of Rape.

91
2. However, it is seen that in a large number of sexual assault cases, exhibits i.e. vaginal
swab, blood or semen relating to the offence of rape are being referred to CFSLs or FSL
Rohini only for A,B,O or AB blood group examination. In these cases I.Os usually make
queries as to whether the blood group of these exhibits matches with the blood group
of accused. This is not a fail proof technique as approximately 25% of population has
the same group of blood and semen as does the accused. Therefore, such corroboration
or filing of identity of accused has no weightage as a piece of evidence in the eyes of law
and is discarded by the courts out-rightly.
3. On the other hand DNA profiling can easily establish the culpability of the individual
accused beyond reasonable doubt and therefore, all the I.O.s are directed that
henceforth in all cases of sexual assault, particularly cases involving gang-rape or cases
where the identity of the accused is not known or the victim is a child, DNA profiling is
conducted mandatorily.
( DHARMENDRA KUMAR)
SPECIAL COMMISSIONER OF POLICE,
LAW & ORDER,DELHI
No.1156-1255/RB/PHQ dated New Delhi, the 07-03-2012
Copy to:-
1. All Special Commissioners of Police,Delhi.
2. All Joint Commissioners of Police,Delhi
3. All District Addl.CsP/DCsP.
4. DCP/PHQ,Delhi.
5. SO to CP,Delhi
6. LA to CP,Delhi.
Circular relating to P.V./Finger Test
CIRCULAR NO. 38/2010
C I R CU L A R.
The Hon’ble Court of Ms. Kamini Lau, ASJ-II/ NW, Rohini Courts in the Judgment in case a FIR
No. 513/07 u/s 342/376 (2) (f) IPC, P.S. Shalimar Bagh, Delhi observed that the “P.V. Test / finger

92
test is being conducted in routine by the Doctors on the victims of sexual abuse and rape be it a
minor (as in the present case, victim is a minor girl aged about 5 years), unmarried girl or
married woman, without having any regards to the fact that the opinion of the Doctors
rendered after conducting such a test has no bearing with regard to the guilt or the accused”.
“The Hon’ble Court also observed that what has shocked her conscious is the fact that this PV
Test/Finger Test is being carried out in routine on victims of sexual offences by the doctors
(even on minors as has happened in the present case) thereby reflecting a rampant violation of
the Constitutional Rights of such victims. It has therefore become necessary for this court to
highlight this fact before the authorities concerned so that the necessary steps are taken in the
direction to ensure the protection of the Right of Privacy of the victims of sexual offence”.
1. In cases of sexual assault the doctor is only required to look into sign of violence or
resistance ‘if any’ upon the body of the victim for which the Doctor would make a note
of it by visible external examination. The Doctor is further required to report on the
state of sexual organs of the victim to include information regarding puberty and
attaining of sexual maturity of the victim. In case of assault or pregnancy the abdominal
and vaginal examinations and thereafter the collection of samples from the clothes of
the victim and the alleged attacker and from the vagina of the victim are required to
establish the nature of assault and the identity of the attacker.
2. Further the Hon’ble Court observed that In case if the victim is unmarried, the Hymen
Test is conducted to check if the hymen cord is intact and in case of use of force any
signs of tearing or bruising, off or near the vagina are noted. After the aforesaid test no
further examination is required. The P.V. Test which is normally called the finger test is
being carried out in routine on victim of sexual offence even children.
3. The Hon’ble Court also quoted the ruling of the Hon’ble Supreme Court in this matter
and observed that The Hon’ble Supreme Court of India has Articulated and protected
the privacy as one of the features of the fundamental rights i.e Article 21 of the
Constitution of India which states that no person shall be deprived of his life and
personal liberty except according to the procedure established by law. The Hon’ble
Apex Court has dealt with this aspect of Right of Privacy of a patient’s medical record in
the case of Mr. X Vs Hospital Y reported in (1998) 8 SCC 296 in case of an AIDS patient’s
right of life which included his right to privacy and confidentiality of his medical
condition.
4. The basic requirement to establish the offence of rape is that the sexual relations are
made forcibly without the concerned. In such cases the material aspect to be judged by
way of medical examination is to judge the sign of violence and resistance, if any upon

93
the body of the victim, which may be mentioned by the doctor by visible external
examination. The P.V Test/Finger test is carried out only to ascertain whether the
alleged victim of rape is habitual to sex or used to sex and only establishes whether
vestibule is congested and whether one, two or three fingers can be inserted. The P.V.
Test thus being carried out by the doctors in routine upon the rape victims without the
consent violates the fundamental right of privacy.
In view of the above, it is reiterated that the observations made by the Hon’ble court as
discussed above shall be complied with. If due to any reason it is felt essential or necessary
by the investigating officer to get the P.V. test conducted in order to collect evidence
against the accused then this test being be carried out exclusively by a lady Doctor with the
consent of the prosecutrix/her guardians (prosecutrix if she is a major and guardians if she is
a minor) and that too after taking due permission from the court and not otherwise.
This be strictly complied with.
Sd/-
(KEWAL SINGH)
JOINT COMMISSIONER OF POLICE,
POLICE HEADQUARTERS,DELHI.
No.3124-3223 /HAR/PHQ, dated Delhi, the 08/12/2010.
Copy forwarded for information and necessary action to the:-
1. All Spl. Commissioners of Police, Delhi including MD.PHC, Delhi.
2. All Joint Commissioners of Police, Delhi.
3. All Addl. Commissioners of Police, Delhi including PTC, Delhi.
4. All DCsP/Distt./Units including PHQ & FRRO, Delhi/New Delhi.
5. SO to CP, Delhi.
6. FA & LA to CP Delhi.
7. ACP/IT Centre, Delhi.
8. All ACsP Sub. Division/Delhi and all ACsP/PHQ, Delhi.
9. All SHOs/Delhi Police through their respective DCsP.

94
MEDIA GUIDELINES
Guidelines for Media Reporting
[As per Hon’ble Delhi High Court’s order dated 05.12.2012 in WP (C) No. 787/2012 titled A.K.
Asthana v Union of India & Ors]
GUIDELINES FOR MEDIA REPORTING ON CHILDREN:
Media coverage on matters relating to children may have long term consequences on their
overall development (physical, mental, psychological, emotional, moral, social, economic etc.),
life and dignity and lack of care by Media in this regard may entail real risk of children facing
harm, stigma, disqualification, retribution etc. The privacy, dignity, physical and emotional
development of children is of the utmost importance, which are to be preserved and protected
at all times, while reporting/broadcasting/publication of news/programs/ documentaries etc. on
and for children.
The guidelines are in the backdrop of the existing legal framework, as detailed in SCHEDULE
hereto, to secure and protect the rights of children and to set-out the minimum parameters of
responsibility to be borne by print and electronic media (hereinafter referred to as Media) in
relation to reporting/broadcasting/ publication of news/programs/documentaries etc. on and
for children.
1. Meaning of terms used:
1.1 Child or children shall mean a person(s) who has/have not completed 18 years of age.
1.2 Media shall include, but not be limited to, any newspaper, magazine, news-sheet or
electronic media.
2. PRINCIPLES:
2.1 Involvement of children in news/programs/documentaries etc. must evidently be editorially
justified including from a child rights perspective.
2.2 Media shall ensure that child victims of rape, other sexual offences, trafficking,
drug/substance abuse, elopement, organized crimes, children used in armed conflicts, children
in conflict with law and child witnesses etc. are automatically guaranteed anonymity for life.
2.3 Media must ensure that due consideration is given to a child s right to privacy and to
prevent the child from being exposed to anxiety, distress, trauma, social stigma, risk to life and

95
safety and further suffering in relation to reporting/ broadcasting/ publication of news/
programs/ documentaries etc. on and for children
2.4 Media shall ensure that a child s identity is not revealed in any manner, including but not
limited to, disclosure of personal information, photograph school/institution/locality and
information of the family including their residential/official address.
2.5 Media shall not sensationalize issues or stories, especially those relating to children, and
should be conscious of the pernicious consequences of disclosing/highlighting information in a
sensational form and the harm it may cause to children.
2.6 INTERVIEWING A CHILD BY THE MEDIA:
This shall be governed by the following principles:
a) That the interview is in the child s best interest.
b) That the interview does not aggravate the child s situation further.
c) That the manner and content of the interview doesn’t affect/interfere with the child’s right to
privacy.
d) That if the interview is in the child s best interest, the same shall be done under supervision
and consent of the child s parent(s) or legal guardian, or in the alternative, the competent
authorities for the child.
e) That while interviewing a child, his/her consent may be obtained, depending upon his/her
age and maturity.
f) Frequent interviewing of a child must be avoided.
g) The child s refusal to be interviewed must be honoured.
h) Before interviewing the child he/she must be duly informed about the purpose and manner
of the interview.
i) The child and/or his/her parents/guardian or any person having control over him/her shall not
be coerced or enticed in any manner including financial or other inducement to secure consent
for the interview.
2.7 Media must verify the credentials and authority of individuals/organizations whose consent
is sought on behalf of the child.
2.8 Media shall not give any financial or other inducement to the child or parent / guardian or
others in relation to reporting / broadcasting /publication of news / programs / documentaries

96
etc. on and for children.
2.9 Media must balance its responsibility to protect children from unsuitable content with the
right to freedom of expression and the right to know.
2.10 To protect the identity of the child media shall ensure that any visual showing the face of
the child must be completely morphed in cases where privacy /anonymity is required as
illustrated in Principle 2.2.above.
2.11 Media shall orient/sensitize its editorial personnel, including editors/ editorial team /
reporters / correspondents / producers / photographers etc. about laws, rules, regulations and
guidelines related to reporting/broadcasting/publication of news/programs/documentaries
etc.on and for children.
2.12 The media shall proactively promote the children s right to information and freedom of
expression.
2.13 PUBLICITY:
The Department of Information and Public Relations of all State Governments and U.T.
Administrations, the Directorate of Field Publicity, Directorate of Advertising and Visual
Publicity (DAVP) of Ministry of Information and Broadcasting, Prasar Bharati (AIR and DD), Self
Regulatory Bodies etc. shall give due publicity at appropriate intervals to the laws, rules,
regulations and guidelines (including the Guidelines) related to
reporting/broadcasting/publication of news/programs/documentaries etc. on and for children.
2.14 MONITORING:
The compliance with the applicable laws, rules, regulations and Guidelines (including these
ones) related to reporting/broadcasting/publication of news/programs/ documentaries etc. on
and for children shall be monitored by the following:
(a) the self-regulatory bodies.
(b) the regulatory mechanisms of Ministry of Information and Broadcasting, such as,
Electronic Media Monitoring Center (EMMC) and Inter-Ministerial Committee (IMC).
(c) Press Council of India

97
through their respective procedures.
2.15 STATUS REPORT:
NCPCR / SCPCRs shall file a report in this Court on yearly basis regarding the compliance level
of the applicable laws, rules, regulations and Guidelines (including these ones) by all concerned.
The foregoing are only broad Guidelines and are not meant to be exhaustive.

98
HOSPITAL GUIDELINES
Guidelines for rapid response by hospitals in case of MLC examination of victims of
sexual assault
Department of Health & Family Welfare
Govt. of NCT of Delhi 9th Level A Wing, Delhi Secretariat,
IP Estate, New Delhi-110002
To
All Directors/Medical Supdts.,
Hospital of Govt. of NCT of Delhi
(including autonomous societies under H& FW Deptt., GNCTD)
Sub: Guidelines for rapid response by hospitals in case of MLC examination of victims of sexual
assault.
Madam/Sir,
The victims of sexual assault are brought to the hospitals by the police or otherwise for
medical-legal examination and treatment, which is the responsibility of the attending doctor in
the hospital. As per the provisions of the section 164 A (2) of the Cr. PC, the MLC examination
should be done promptly and without delay.
As the victims of sexual assault are traumatized and their physical condition and state of mind
are unstable, handing of their case requires sensitivity, empathy and compassion. Therefore,
the examining doctor must remain throughout re-assuring, empathetic and sensitive to the
victim and should also provide due privacy.
In this context, the MLC examination protocol being followed in major hospitals was reviewed
and it is felt that there is need to reinforce the guidelines to be followed by the hospitals on the
MLC examination of the victim, in consonance with the directions of the Hon’ble Delhi High
Court in its order Dated: 23.04.2009 in the CWP no. 696/2008;
1) In order to provide privacy to the victim, a separate room should be identified by the
Director/ Medical Superintendent and marked in all hospitals where the victims can be
examined by the attending doctor.

99
2) In this regard, Director/ Medical Superintendent of the hospital will issue an order
sending copies to all the HODs of the hospital and the casualty emergency for their
information. The room number should be known to the doctors in emergency duty.
3) The room should have proper furniture required for medical examination. The basic
equipments, adequate stock of sexual assault forensic evidence (SAFE) kit etc should be
kept available in the room for collection of the forensic evidence.
4) C.M.O. M.O. In charge of Casualty & Emergency should be nominated as Nodal Officer
for putting in place the desired system and carry out day to day supervision.
5) The Nodal officer will ensure that good practices on proper collection of MLC
evidence/material are observed.
6) The nodal officer will ensure that the copies of protocol/ guidelines are readily available
in examination room for reference.
7) The hospital should also provide clothing to the victim in case the victim’s clothes are
taken as evidence or action otherwise requires fresh clothes to be given.
8) The hospital should also provide toiletries to the victim for washing up after the MLC
examination has been concluded.
9) The Director/Medical Superintendent will arrange periodic training sessions to the
doctors on the protocols and guideline on the MLC examinations/reporting in case of
sexual assault victims.
10) The Director/Medical Superintendent will also organize sensitization workshop for
hospital staff, medical & paramedical, in collaboration with the Delhi Commission for
Women.
11) The Director/Medical Superintendent will maintain an update directory of the contact
points and will intimate any change to the Health & family Welfare Department for
updating directory on website.
12) In case where counseling of the victim is required, the same should be provided by the
hospital’s own pool of doctors and if that is not available, then the Crisis Intervention
Centers which provide such counselor should be informed. For this purpose the name
and contact numbers of the CIC should be kept available in the room
Directors and Medical Superintendents of all the hospitals of the Govt. of NCT of Delhi
including autonomous societies there under, are hereby requested to implement the above
said instructions diligently, in letter and spirit.
This issues with the approval of the Competent Authority.

100
Yours faithfully
(S.B. Shashank)
Spl. Secretary (H&FW)
Encl: Copy of the High court order in CWP No. 6962008
Copy to:
1. Chief Secretary, Delhi
2. Commissioner of Police, Delhi
3. Pr. Secretary (Home), GNCTD
4. Pr. Secretary to Chief Minister, GNCTD
5. Secretary, Delhi Commission for Women, GNCTD
6. Director, Social Welfare, GNCTD
7. Secretary to Hon’ble Minister of Education/ Social Welfare, GNCTD
8. Secretary to Hon’ble MOH, GNCTD
9. PS to Secretary (H& FW)
10. i) Director/ Medical Superintendent, AIIMS
ii) Medical Superintendent, Safdarjung Hospital
iii) Medical Superintendent, Ram Manohar Lohia Hospital
iv) Medical Superintendent, Lady Harding Medical College & Hospital
with request to take similar action in their hospitals as well.
(S.B. Shashank)
Spl. Secretary (H&FW)
Order for providing immediate medical treatment to victims of crimes or road
accidents
MOST URGENT/SPEED POST
DEPARTMENT OF HEALTH & FAMILY WELFARE
9TH
LEVEL, A-WING, DELHI SACHIVALAYA, IP ESTATE NEW DELHI-2
No. F.24/20/2003/NH/DHS/HQ/ 15341-018 Dated: 21/02/2013
16047-219 16227-238

101
ORDER
Sub: Providing immediate medical treatment to victims of crimes or road accidents.
In continuation with guidelines on the subject issued by this Department vide letters dated
30/10/1998, 31/03/2002, 27/11/2008 and 07/02/2011 all hospitals including private hospitals and
nursing homes, functioning in the National Capital Territory of Delhi, are hereby directed to
attend to victims of crimes and trauma in dire need of immediate medical treatment, including
victims of rape and road accident, and provide them immediate treatment.
The above said hospitals/ nursing homes shall not refuse to provide medical treatment for any
reason including that the case involved is of medico-legal nature. In such cases the hospital/
nursing home concerned shall also call/inform the nearest Police Station or the Police Control
Room concerning the medico legal case.
Attention of all the above hospitals/ nursing homes is drawn to clause 14.2 of the Schedule
appended with Rule 14 of Delhi Nursing Homes Registration (Amendment) Rules, 2011 which
provides as under:
“14.2 The nursing home shall not refuse treatment to the injured/ serious patients brought
to them due to any reason, whatsoever.”
Any such victim brought to the hospital/nursing home either by the Police or the public or on
their own, shall not be refused immediate medical treatment that may be required to stabilize
the emergency medical condition of the victim.
Non-compliance of the aforementioned directions by defaulting hospitals/ nursing homes shall
attract appropriate disciplinary/punitive action including cancellation of registration.
(S.C.L. Das)
Secretary (H & FW)
To
All Medical Directors/ Medical Superintendent of Private Hospitals/ Nursing Homes of Delhi.
No. F.24/20/2003/NH/DHS/ HQ/Pt. I/Pr. Secy H& FW/399-409 Dated

102
Copy for information and necessary action to:
1. Chief Secretary, GNCTD, 5th
Level, A-Wing, Delhi Secretariat, New Delhi.
2. Pr. Secretary (Home), GNCTD, 5th
Level, C-Wing, Delhi Secretariat, New Delhi.
3. Commissioner of Police, Delhi Police Head Quarters, IP Estate, New Delhi.
4. Spl. Commr. (Operations), Delhi Police, Police Headquarters, ITO, New Delhi.
5. Pr. Secretary to Chief Minister, Govt. of Delhi, Delhi Secretariat, New Delhi.
6. Secretary to Hon’ble Minister of Health, 6th
Level, A-Wing, Delhi Secretariat, IP Estate,
New Delhi-2
7. Director, Dte. Of Health Services, F-17, Karkardooma, Delhi-110032
8. Dean/Directors/ Medical Superintendent of all Govt./ Govt. owned medical college &
hospitals of Delhi.
9. PS to Secretary, Min. of Health & Family Welfare, Govt. of India, Nirman Bhawan, New
Delhi-110018
10. PS to Director General Health Services, Min. of Health & Family Welfare, Govt. of India,
Nirman Bhawan, New Delhi-110018.
(S.C.L. Das)
Secretary (H & FW)

103
GUIDELINES FOR COMPOSITION OF SCHOOL MANAGEMENT COMMITTEE
DIRECTORATE OF EDUCATION
OLD SECRETARIAT: DELHI-110054
No. F.23(6)/DE/RTE/2011/520-533 Date: 25/03/2013
CIRCULAR
Subject: Guidelines for composition of School Management Committee (SMC) under the
RTE Act and its functions
In pursuance of powers conferred by Rule 26 of Delhi Right of Children to Free and Compulsory
Education Rules, 2011 following guidelines are issued regarding School Management
Committees envisaged under Section 21 of the Right of Children to Free and Compulsory
Education Act 2009 as amended up to date and Rule 3 of the Delhi right of Children to Free and
Compulsory Education Rules 2011. All the Heads of schools of Delhi except of those specified in
sub-clause (iv) of clause (n) of Section 2 are hereby directed to constitute School Management
Committee in their respective Schools consisting of 16 members as under:-
S. No. Actual Designation Status in the Committee No. of Members
1. Principal/HOS Member/Ex-officio Chairperson
of SMC
One
2. Parents/Guardians of Children Members Twelve
3. Elected Representative of the
Local Authority
Member One
4. Teacher of the School Member/Convener One
5. Social worker involved in the
field of Education
Member One
Note:- 1. One Social Science Teacher, One Math Teacher and One Science Teacher shall be
special invitees.
2. Fifty percent of the members of this committee shall be women.

104
3. There shall be a proportionate representation of parents/guardians of children
belonging to disadvantage group and weaker sections.
4. Vice Chairperson shall be from amongst the parent members.
The School Management Committee so constituted shall follow the following guidelines:-
Selection of Vice Chairperson
The Vice-Chairperson shall be elected by parent members of SMC from amongst themselves.
Selection of parents/guardians member
Selection of parents/guardians members shall be done through election in the General Body
meeting of parents/guardians. In case where the child of the member has left or completed
his/her studies in that school, such member shall be replaced by parent selected at random
from among the parents or guardian of the children of that category for the remaining term of
the Committee.
Elected representative of Local Authority
Instructions regarding elected members are being issued separately.
Selection of Teacher Member
Selection of teacher member and Special invitee of SMC is to be decided by teachers of school.
Selection of social worker involved in the field of Education
The social worker involved in the field of education is to be nominated by the District Deputy
Director of Education or an officer of equivalent rank.
Tenure of the School Management Committee (SMC):
Tenure of the SMC shall be 2 years from the date of its constitution and reconstituted every
two years.
Meetings of SMC:
The School Management Committee shall meet at least once in two months and minutes and
decisions of the meetings shall be properly recorded and made available to the public.
Quorum

105
The Quorum of SMC must be 1/3 of the total strength and every resolution shall be passed by a
proper quorum without proxy.
Functions of School Management Committee
i) Monitor the working of the school.
ii) Prepare and recommend School Development Plan.
iii) Monitor the utilization of the grants received from the appropriate Government or
Local Authority or any other source.
iv) Communicate in simple and creative ways to the population in the neighbourhood
of the school, the right of the child as enunciated in the Act, as also the duties of the
Government, local authority, school, parents and guardians.
v) Ensure that teachers maintain regularity and punctuality in attending school.
vi) Hold regular meetings with parents and guardians and apprise them about the
regularity in attendance, ability to learn progress made in learning and any other
relevant information about the child.
vii) Monitor that teachers are not burdened with non academic duties other than those
specified in section 27 of RTE Act.
viii) Ensure the enrolment and continued attendance of all the children from the
neighbourhood in the school.
ix) Monitor the maintained of the norms and standards specified in the schedule.
x) Bring to the notice of the Government or local authority, as the case may be, any
deviation from the rights of the child, in particular mental and physical harassment
of children, denial of admission and timely provision of free entitlements as per
section 3(2) of RTE Act, 2009.
xi) Identify the needs and monitor the implementation of the provisions of section 4 of
the Act which states ‘where a child above six years of age has been admitted in
any school or though admitted could not complete his or her elementary
education, then, he or she shall be admitted in a class appropriate to his or her
age’.
xii) Monitor the identification and enrolment of and facilities for admission of children
with disabilities and ensure their participation in, and completion of elementary
education.
xiii) Monitor the implementation of the Mid-day Meal in school.

106
Accounts:
Money if received by SMC for the discharge of functioning under the Act, shall be kept in a
separate account, to be audited annually. These accounts should be signed by the Chairperson/
Vice-Chairperson and convener of the School Management Committee.
All the District Deputy Directors of Education/Education Officer are to ensure that School
Management Committee is constituted in each and every Govt./Govt. Aided School under their
jurisdiction immediately.
Sd/-
(Amit Singla, IAS)
Director of Education
Copy to:
1. PS to Hon’ble Lt. Governor, Delhi
2. PS to Hon’ble Chief Minister, Govt. of NCT of Delhi
3. PS to Hon’ble Minister of Education, Govt. of NCT of Delhi
4. The Commissioner, East Delhi Municipal Corporation
5. The Commissioner, North Delhi Municipal Corporation
6. The Commissioner, South Delhi Municipal Corporation
7. Chief Executive Officer, Delhi Cantonment Board.
8. Chairperson, New Delhi Municipal Council
9. P.A. to Secretary, Education
10. P.A. to Director, Education
11. All Addl. Directors of Education/Regional Directors/ District DDEs/Eos/DEOs/Head of
Govt./ Govt. Aided Schools of Delhi through website of Directorate of Education
12. ONCE (IT) to paste the above said circular on official website of the Department.
13. Guard file.
Sd/-
(Amit Singla, IAS)
Director of Education

107
LIST OF CHILD WELFARE COMMITTEES
CWC Address Phone Number
Child Welfare Committee-I
Nirmal Chhaya
Complex, Jail Road,
Delhi.
011-28520452
Child Welfare Committee-II
Kasturba Niketan
Complex, Lajpat
Nagar, Delhi.
011-29819329
011-29813688
Child Welfare Committee-III
Sewa Kutir Complex,
Kingsway Camp,
Delhi.
011-27651473,
27652575
Child Welfare Committee-IV
NPS School for Deaf
& Dumb, Near Delhi
Police Aptt., Mayur
Vihar, Phase-I, Delhi
011-22755527
Child Welfare Committee-V
Sanskar Ashram,
Dilshad Garden,
Delhi.
011-22572224
Child Welfare Committee-VI
Asha Kiran Complex,
Avantika, Rohini,
Delhi.
011-27515910
Child Welfare Committee-VII
Nirmal Chhaya
Complex, Jail Road,
Delhi.

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