Child Protection Policy of Rainbow Homes Program- Operational Manual

Child Protection Policy Operational Manual For Rainbow Homes & Sneh Ghars (Revised Edition, 2020)

We would like to thank…

In researching and writing these handbooks, we have drawn on best examples in the work by pioneers like Sister Cyril in Kolkata, MV Foundation led by Shantha Sinha and the BOSCO Brothers. We have added learning based on the efforts of Centre for Equity Studies and Aman Biradari, of work with state governments of Andhra Pradesh and Delhi; to establish and manage Sneh Ghars in Hyderabad and Delhi. Without the support of the senior officials in the Department of School Education, Ministry of Human Resource Development (MHRD) especially Secretary, Anshu Vaish, Additional Secretary Anita Kaul, Directors Neelam Rao and Maninder Kaur, and the state governments of Andhra Pradesh and Delhi, this effort would not have been possible.

This effort was supported by grants from Partnership Foundation, Wipro and Sir Dorabji Tata Trust.

We are grateful to the following experts who authored various portions of the detailed manuals; for each, this was a labor of love. The writers are Ambika Kapoor, Harsh Mander, Preeti Mathew, Satya Pillai, Shashi Mendiratta and Sveta Dave Chakravarty.

We learnt a great deal from the children themselves, as well as the team members or Sneh Sathis who undertook the pilot to establish Sneh Ghars, in Loreto Rainbow Home, Kolkata, the Dilse team, Delhi, and the Aman Vedika team, Hyderabad, for providing rich insights on residential care setups in functional schools.

We acknowledge Satya’s stewardships and for holding the reins of all the teams to ensure timely completion of this complex task. She was ably advised by Sister Cyril, Sveta Dave, K Anuradha, Ferdinand Van Koolwijk, Fr George Kollashany, and Shashi Mendiratta; and assisted by her team members Preeti Mathew and Ambika Kapoor. We would also like to thank Aarti Chandra for patiently going through the transcripts and editing them Finally, sincere and heartfelt thanks to Harsh Mander, for his inspiring leadership of the entire process of putting our learnings together and ensuring that the child remained in focus at all times.

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Contents Chapter 1: Policy Framework ............................................................................ 3 Chapter 2: Understanding Abuse ...................................................................... 7 Chapter 3: Implementation of Child Protection Policy ..................................... 12 Annexures ...................................................................................................... 21 Code of Conduct for Sneh Sathis .................................................................... 21 Code of Conduct Volunteers............................................................................ 23 Role of the Police ................................................................................................... 25

Section

1 Policy Framework

Safety & protection is every child’s fundamental right. Rainbow Homes, Sneh Ghars and the Sneh Sathis are committed to provide a safe, friendly, caring & enabling environment and protect and safeguard the rights of all children they come in contact with.

The Child Protection Policy of Rainbow Homes Program contains organizational policy commitments, principles and values, standards and procedures related to child protection and has been created to protect children in our care from both intentional and unintentional harm. The principles are drawn from the ones as mentioned in the UNCRC treaty and in alignment with the Juvenile Justice Act 2015.

The guidelines and procedures for implementation of this Policy are contained in this Operational Manual to ensure that this is done with understanding and clarity.

Rationale In recent times, media and researchers in the area of child rights have been highlighting the vulnerability of children and the extent to which weak child protection systems themselves increase their vulnerability to further abuse. Children in our care are those who have had the most difficult childhoods- being victims of violence, neglect, abuse and crime and many times deprived of responsible adult care. We have to do everything in our capacity to help them be safe, heal their trauma, rebuild trust and hope, acquire education and grow into well-adjusted adults who are also responsible citizens.

Abuse in any form is harmful for a child. This has been recognized and legally banned under various policies and laws.

1. International Treaties, Standards and Guidelines India is a signatory to various treaties, such as the United Nations Convention on the Rights of the Child (UNCRC) 1989 and United Nations Convention on the Rights of Persons with Disabilities (CRPD) 2007, that provide the framework for child rights.

Article 19 of UNCRC requires States to “take appropriate legislative, administrative, social & 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 parents, guardians or any person under whose care the child is”

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2. Domestic Legal Regime

Objectives

The constitution of India guarantees every child the fundamental rights that are applicable to every citizen of India. The Directive Principles lay down the social and economic conditions under which the citizens including children can lead a good life.

The broad objective of this policy is to ensure the practice of highest levels of ‘Child Protection’ in the organization, adhered to by all involved. Specifically, it seeks to ensure that the Rainbow Homes & Sneh Ghars, offer a safe environment for children achieved by setting minimum standards and procedures. This includes-

The Government of India has established a strong legal framework to protect children.

Following are some of the laws to ensure children are protected at all times: (i)

The Juvenile Justice (Care and Protection of Children) Act 2015 and Model Rules, 2016

(ii)

The Protection of Children from Sexual Offences (POCSO) Act 2012 and POCSO Rules, 2020;

(iii)

The Right of Children to Free and Compulsory Education Act, 2009 and Rules;

(iv)

The Prohibition of Child Marriage Act, 2006 and Rules;

(v)

Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 and Rules; Amendment 2016

(vi)

Rights of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 2016

Indian Penal Code (IPC) has several provisions under which perpetrators of abuse can be prosecuted.

Under the Right to Education Act, physical and mental harassment of children is prohibited and is seen as a punishable offence. As per the Juvenile Justice (Care and Protection of Children) Act 2015 any act that causes mental and physical suffering is seen as a criminal act. The Protection of Children from Sexual Offences (POCSO) Act 2012 protects children from sexual harassment and offences against children are punished with minimum 3 years of imprisonment. The punishment is of more severity if the abuser is in a position of trust or authority. This includes family members, police officers, teachers, doctors or any authority in child rights settings.

1.

To regulate how Rainbow Foundation India as an organization works so that children who we come into contact with (directly or indirectly) are protected, feel safe, and have a sense of wellbeing

2.

To ensure that the organization’s human resources, programs and operations do not cause harm to any child.

3.

To put in place a set of robust measures to prevent child abuse.

4.

To put in place a well-defined and practical reporting mechanism for violations and time bound redressal system whereby all persons associated with the organization are accountable for abuse of any child in its care.

Guiding Principles 1.

Recognition of, respect for and defence of the best interests of the child

2.

Respect for the dignity, liberty and freedom of the child

3.

Respect for a child’s own agency and judgement about her own best interest, and in the right of the child to participate as an equal partner in decisions about a child’s best interest, the child’s views being given due weight, in accordance with age and maturity.

4.

Respect for a child’s right to privacy and confidentiality

5.

Zero tolerance of any form of physical, sexual, psychological, or emotional abusewhether direct or indirect

Belief that Child Protection is the responsibility of all who are associated be it directly or indirectly with the children

Scope of the Policy The policy governs all Sneh Sathis 1, team members( from project offices in the States as well as the National Office ) and volunteers who work with or for children, trustees, board members, funders, sponsors, donors, visitors and vendors (of the Rainbow Foundation India and all the implementing partner organisations).

1 Staff/Carers who work directly and indirectly with the children in Rainbow Homes and Sneh Ghars

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Section

2 Understanding Abuse

The following definitions of “Child” and “Child Abuse” are universally accepted and used in this policy: Child is every human being below the age of 18 years.

Child Abuse or “Maltreatment” constitutes ‘all forms of physical and/or emotional illtreatment, sexual abuse, neglect or negligent treatment or commercial or other exploitation, resulting in actual or potential harm to the child’s health, survival, development or dignity in the context of a relationship of responsibility, trust or power’. It also includes deliberate failure to prevent serious harm to a child.

The definitions points to four types of Maltreatment:

A. Physical abuse: This includes any action that causes pain, hurt, injury or discomfort to the child. Some commonly seen ways include hurting or injuring children byHitting, slapping, kicking, pinching, pulling ears, punching, pulling hair, tying up hands and legs, tying to a tree, throwing things at, shaking, flinging them down, hitting head against the wall; Making them assume uncomfortable positions such as standing on a bench with hands raised, kneeling, holding ears through the legs, with weight on their heads, carry heavy weight beyond their capacity; Burning or scalding, forced ingestion of inedible things, poisoning, drowning, or smothering, hurting the genitals, giving electric shocks etc.

•

•

•

B. Sexual abuse: This includes both contact and non-contact sexual activities. These include, but are not limited to the followingContact Abuse-

• • • • • • •

Touching (hugging, kissing, patting, rubbing, fondling, groping) the child in other parts of the body in a way that makes her/him uncomfortable.

Oral sex.

Vaginal/Anal penetration with finger, penis, or any other object.

Tickling and accidently touching the private parts of the child.

Wrestling or playing games involving body contact.

Massaging the child/asking for a massage.

Ask child to touch at inappropriate places.

Non-Contact Abuse• • • • • • • • • • • •

Deliberately walking into a child when she /he is changing clothes or using the bathroom.

Telling the child jokes with sexual overtones.

Teasing the children about their body development.

Showing sexually explicit images or pornography.

Taking pictures of the child, changing or bathing.

Sharing intimate personal details with the child.

Talking/discussing erotic scenes from movies.

Asking or making the child watch when changing clothes, or using the bathroom Involving child in watching or production of pornographic materials or in watching sexual activities.

Encouraging the child to masturbate.

Masturbate in the presence of a child.

Exposing genitals to the child.

C. Emotional abuse: This includes any non- physical treatment that is detrimental to the psychological well- being of the child. It includes humiliating children or denying their worth and right as human beings. It may involve conveying to them a feeling of being worthless or unloved, of being inadequate, or valued only in so far as they meet the needs of another person.

• • • • • • •

Repeatedly rejecting the child.

Using derogatory remarks, Name calling.

Intimidating the child.

Ridiculing the child.

Pressurizing the child.

Unnecessary reference to child’s past.

Derogatory reference to the status of the parents of the child.

Touching private parts -genital area, breasts, thighs, buttocks over or under clothing.

•

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• • • • • • • •

Ridiculing about the health status of the child or a family member.

Imposing age or developmentally inappropriate expectations on the child.

Belittling the child about inability to meet teachers expectations.

Shaming the child about a disability.

Referring and discriminating based on religion, caste, school performance etc.

Showing favouritism.

Threaten to turn out a child from the home.

Using abusive language.

Signs of Physical Abuse: • • • • •

Unexplained burns, cuts, bruises Bite marks or welts in the shape of an object Fractures Excessive crying Describes the adults as “evil” or in some other negative way

Signs of Sexual Abuse:

D. Neglect: It is the persistent lack of appropriate care of children, or the persistent failure to meet the basic physical and/psychological needs such as safety, nourishment, love, stimulation, warmth, education, and medical attention. It may involve a caregiver failing to provide adequate food, shelter and clothing, failing to protect children from physical harm or danger, or the failure to ensure access to appropriate medical care or treatment, education, rest, play and or recreation. It may also include neglect of, or unresponsiveness to, a child’s basic emotional needs.

• • •

It is important to note that children may experience more than one type of cruelty or abuse simultaneously.

• • •

• •

Has difficulty walking or sitting; has pain or rashes Refuses to change in front of other children of his/her age Demonstrates excessive, bizarre, sophisticated or unusual sexual curiosity, knowledge or behaviour Avoids conversation related to sexuality Pays excessive attention or rejects his/her own body not in keeping with other children of same age.

Reduced self-care and grooming Becomes pregnant or contracts a venereal disease Medical complaints such as UTI etc.

Recognizing Signs of Different types of Abuse Children rarely tell adults about abuse. They may be hesitant, confused, scared or uncertain.

Sometimes they may share information in bits and pieces, sometimes take hours, weeks, months, or even years and even after disclosing it they might even deny the abuse ever happened. Sneh Sathis should to be sensitive and alert as children often tell more through their behaviours than their words. They must develop an understanding of signs that will help to identify children who had been/may be experiencing abuse. The following list below shows some common indicators.

Signs of Emotional Abuse • • •

Apathy - sad, long face, brooding or indifferent, hopelessness Lack of concentration Threatening e.g. says wants to leave the home

Signs of physical, emotional and sexual abuse in children Some signs that are common to all the three types of abuses are as below: Irritable/crying , Aggression, Problems at school , Fear of adults , Drug or alcohol abuse, Poor self- esteem and self- image , Self -destructive or suicidal behaviour , Depression, Drastic changes in appetite and or sleep, Over compliance or excessive aggression, Withdrawal, secretiveness, Stubbornness , Clinginess and other attention seeking behaviour, fear of a particular person.

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Section

3

Implementation of the Child Protection Policy

in the Rainbow Homes. The Snehghars should have a combination of both male and female Sneh sathis.

All current employees with direct or regular contact with children should undergo a screening procedure to check for any child abuse related record. Each team member must submit a Police verification certificate to establish that they have no past child abuse record.

Rainbow Homes Program shall seek to ensure that all offices, programs and homes coming under the purview of the CPP, implement and conform to the Child Protection Policy.

In the case of potential Sneh sathis, the interview should include specific questions to check their perception regarding the concept of child protection. Carefully probe if the applicant’s attitude, experience and approach to working with children are appropriate.

Child Protection Mechanism

Two employment references should be taken before appointment to the post. These should

Abuse, especially sexual abuse cannot be reversed. It is therefore foremost that action be taken to build resilience and decrease the likelihood or prevent the abuse before it occurs.

It also includes a systematic action plan to address the situation if a case of abuse does take place. Response is the prompt and efficient follow up of the situation based on the agreed protocol.

A. Prevention There are several ways to prevent the occurrence of abuse in a Rainbow Home / SnehGhar:

Careful Selection of Sneh Sathis

Capacity Building and Sensitization

Sensitization of Children

Logistical arrangements

Code of Conduct for various Stakeholders

Appointment of Child Protection Officer and Formation of Child Protection Committee

Include, (where possible) an employer who can comment on the applicant’s work with children.

During the probation period, the Project Head should observe the “child friendly personality” of the candidate and give feedback to the HR department before finally confirming her/ him. Feedback should also be taken from children with whom the candidate has spent time.

Apart from the Sneh Sathis, it’s the volunteers who spend considerable amount of time with children and attention should be paid while selecting them too. While the current volunteers can give an undertaking to the effect that they have no record of any child abuse, for every new volunteer, at least two references must be asked for. Agencies that send their staff or volunteers to engage with the children to the Rainbow homes/Sneh Ghars should be oriented to the policy and given a copy of the Code of Conduct at the beginning of the association itself. The agency at their level can be asked to screen and orient the prospective volunteers before the start of the engagement.

Among the vendors/service providers, drivers of school buses, vans or auto rickshaws are the other set of adults who come in direct contact with the children for longer hours. While employing these drivers to transport children to and from school, the Contractor/driver must be asked to provide complete documentary details of the drivers. This should include valid ID proof, residence proofs - local and native, two references and a police clearance.

2.

Capacity Building & Sensitization

Training and sensitization of all personnel responsible for the implementation of the CPP and all stakeholders responsible for child protection shall be undertaken.

All existing Sneh Sathis shall be given full training on this policy.

Careful selection of Sneh Sathis & others who engage closely with the children

A full day orientation on this policy for all new recruits (Sneh Sathis, trainees and volunteers,) should be given within 15 days of joining work and given a copy of the policy for reference.

In a Rainbow home , at least one of the senior staff i.e. the Project In charge or the Home management Coordinator should be a woman. None of the residential staff should be male

In addition to this also sensitize all on child rights, sexuality, gender, issues related to power, patriarchy etc. with the thrust to inculcate respect for all children.

1.

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Orientation of donors and visitors on behaviour and communication protocols before interaction with children.

•

At least two training sessions should be conducted as a group along with parents, local police and Sneh Sathis.

Encourage them to take ownership over their bodies (e.g., to dress and bathe themselves).

This will help them learn about boundaries and privacy. As they become more independent, respect their increasing need for privacy. Discuss issues such as caring, healthy relationships, and respect.

Orientation/training of all drivers on child protection concept and the severity of punishments in case of all forms of maltreatment especially sexual harassment, assault or rape will help build awareness of their responsibility towards children.

•

The Code of Conduct should be signed by all categories of people within 7 days of their engagement. The protocols can be displayed on notice boards in all the Rainbow Homes/ Sneh Ghars.

Half day refresher training for all Sneh Sathis should be held every year, to remind them

• •

of procedures and to update on new developments.

3.

Sensitizing the Children

Empowering the children by educating them about their rights, especially of safety & protection is equally important. They must also know what to expect.

Orientation of all children on this concept and relevant aspects of policy should be organized within a week of every child’s arrival. A refresher course should be conducted every 3 months. (A child friendly comic to build awareness is available with RFI for this) It is also important to educate children about healthy sexuality and personal safety.

Children, who have positive feelings and knowledge about their bodies, accurate information about sexuality, a sense of autonomy and power over their bodies, are less likely to be targeted by abusers.

• •

•

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Provide children with accurate information developmentally appropriate to their ages and understanding. Children with disabilities are to be paid more attention.

Teach the children, the concept of ‘private zones’ and what parts of the body are considered ‘private’. Avoid use of abstract concepts, instead use the correct names for body parts (e.g., penis, vagina, breasts, buttocks, anus) so children may accurately report what has happened to them.

Talk about the different kinds of appropriate and inappropriate touching that a child can experience. Inform that they have the right to decide who can and who cannot touch their body. Highlight that it is possible that a person whom the child knows and likes may try to hurt them. They should be encouraged to trust their intuition about people and situations.

•

Establish “Safety Rules” with children and Sneh sathis. These rules should cover touching each other, as well as the taking and sharing of images and other violations.

Make it clear that in a situation when someone touches them against their will or in a way that makes them uncomfortable, they can say “no” or leave/run away and tell a trusted adult. Use concrete examples to help them understand. Explain that abuse, especially sexual abuse is never the fault of the child Teach children that secrets about beating /touching are never okay, no matter who asks them to keep the secret.

Show children they can talk to you at any time and about anything. Make sure they know that they can report immediately if something should happen and that, despite what anyone else may say, she will not be in trouble and that they will be believed and still be loved.

Tell the children about the mechanism in place to let them know that their concerns will be taken up seriously.

Educate the children in a way that is engaging to the children. Teach important concepts multiple times. Provide many chances to practice skills. Certain days such as World Day against Child Labour – 12th June, International Children’s Day – 20th November, and World Day for Prevention of Abuse and Violence against Children – November 19th can be used to reinforce the concepts and to run community programmes through skits, plays and musicals.

4. Logistical Arrangements Setting certain responsibilities and practical boundaries are critical in curbing abuse in a home. Encourage all to respect themselves and others in this regard.

• • • • • • •

Make sure that all members of the home have rights to privacy in dressing, bathing, sleeping, and other personal activities.

Have clearly marked sleeping areas for all children and Sneh Sathis.

Have adequate number of beds/mattresses as per the number of children.

Rotate beds allocation on a weekly or fortnightly basis.

Keep a zero watt light bulb lit in the dormitory and toilets each night.

Mark corridors and secluded spots as “Keep off” areas and get children to avoid the areas at nights.

The duty to attend to sick children who need help with toilet using, bathing, should be taken up by rotation.

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• • • • • •

• •

• •

5.

A female Sneh Sathi always accompanies children on the bus to and from school.

As a protocol, visitors, donors, funders, trustees and board members should always be accompanied by a Sneh Sathi while interacting with children.

There must be at least one manager in the home at all times of the day and night.

Gate timings should be adhered to and male visitors should not be allowed in to the Rainbow Home, after 7pm or after sunset.

All gates should be duly manned by a security guard 24x7. Registered visitors can be given a pass or badge to display prominently to show that they have been allowed.

Child Protection Committee (explained later in the manual) should be formed and the contact numbers must be prominently displayed inside dormitories. There must be at least 2 phones for the use of children within easy access.

If there is a history of abuse by family members or if the child is reluctant to visit the family, avoid sending the child home.

Do not send a child with a person claiming to be a relative. Keep a name list of guardians from each family who are allowed to pick up their child. They should be made to sign a register while taking the child out.

Place a box at a central place in the home where children can drop concerns, in anonymity. Open, read and attend to them on a regular basis.

Children’s Committees encourage peer sharing and learning. Help children to form these committees and to express their concerns during “Balsabhas”. Get the Committees to document the concerns of children and report them.

Code of Conduct - Guidelines for various stakeholders

A clear, specific list of behaviour protocols for Sneh Sathis and other stakeholders has been developed. It spells out the appropriate-inappropriate and acceptable-unacceptable behaviours of Sneh Sathis. This is detailed out as the Code of Conduct in Annexure 1.

6.

Child Protection Officer and Child Protection Committees

Appointment of a Nodal Officer: A nodal officer shall be appointed in every State office of RFI to facilitate effective interdepartmental and inter-program convergence and coordination for planning, implementation, monitoring and review and ensuring the effective and efficient implementation of the CPP. The State Program Manager at the State level while the Project In-charge at the home level will by default be the Nodal Officer for this purpose.

One Sneh Sathi, should be designated as the Child Protection Officer (CPO) in each home.

The team may suggest one or two names of Sneh Sathis based on the qualities of the CPO as given below and ask children to elect/ select one or the children themselves nominate one person of their choice.

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Qualities of the CPO• • • • • • •

Trusted by most children Mature Approachable Listens Maintains confidentiality Should have been in the home for at least a year and is not planning to leave the job soon.

Willingness and ability to challenge opinion, where necessary, and to drive the child protection agenda.

Role of Child Protection Officer To encourage the team to collectively enforce the guidelines for prevention To raise awareness of the concept of Child Protection amongst the Sneh Sathis and among the children in the home from time to time Ensure that the CPC information is displayed prominently in the home Facilitate the organization of quarterly meeting of the CPC with the children To meet the children at least once a month to check and orient them about Child Protection To inform the Project incharge in case of any violations To ensure that children who are victims of abuse are supported appropriately and sensitively

Child Protection Committee The Committee should consist of 5 members of whom at least 3 must be women. It must comprise of• • •

Three mature persons with experience of working with children.

Project In-charge or Home Management Coordinator.

One Mature, dedicated long term volunteer who has been actively associated with the home & children.

The Committee members should be introduced to the children and their contact details should be displayed clearly in the Rainbow Home/Sneh Ghar.

B. Response As soon as the incidence of abuse comes to the notice of any Sneh Sathi/child, the Child Protection Officer and Home Management Coordinator should be informed. The following actions should be taken immediately-

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1. Talk to the child. While the child is disclosing keep the following in mind• • • • • • • •

Listen, believe and trust what the child shares. Children rarely lie about sexual abuse.

Find a quiet, private place to talk.

Stay calm. Don’t overreact. Displaying a strong reaction may cause the child to stop sharing.

Thank the child for telling you and praise her courage. If she expresses guilt or shame, let her know the abuse was not her fault.

Be careful not to make negative comments about the abuser since child may very likely know and care about that person.

When the child is sharing listen carefully. Respect the feelings child is experiencing.

Tell the child action will be taken to keep her safe, but do not make commitments that are not in one’s control. (e.g. he will be sent to jail soon.)

Assure the child that her right to privacy/ confidentiality will be maintained at all times.

Afterwards, write down what she said in as much detail as possible. Don’t correct child’s language if she doesn’t use the proper terms, especially for private body parts.

Depending on the child’s willingness and competency, the complaint and the incident report must be recorded in writing. If the child is older and is competent to write, the child may write the complaint on his/her own. If the child is younger or incompetent to write or is unwilling to write, the complaint will be written by the CPO/ HMC/ PI in the presence of another adult. When the PI is implicated then the SPM will be approached for this. The complaint will be read out to the child.

The detailed incident report must contain information on what is known about the situation, the people involved and the witnesses available at the time of the incident. Photographic evidence may be generated and any tools that are used must be preserved. The complaint, records, incident report and the evidences must also be preserved. Extra care must be taken not to destroy the evidence in experiences that are criminal under the Act. 2. Provide Medical Attention -In case the offence results in a medical or health related emergency, ensure that the child is taken to the nearest health centre for treatment immediately.

Throughout that process, a responsible adult, with whom the child is comfortable, should accompany the child.

3. Refer to Counsellor-The affected child should be referred to the counsellor who will be able to help the child to ventilate his/her trauma. Confidentiality must be maintained at all times during counselling and any other therapeutic intervention.

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4. Shift the child- In some cases, especially of sexual abuse, the child may need to be shifted to another home during the course of the investigation.

Redressal Mechanism The Project In-charge or the State Program Manager should inform the Committee about the incidence. The Committee should sit together as soon as possible but not later than 3 days from the day of the incidence. At any time, if more than 3 members are unable to be present for enquiry, then one teacher or counsellor from the Rainbow Home/Sneh Ghar can be asked to join the team.

The Committee may suspend the person accused of abuse and then conduct an inquiry based on the child’s version and statements of witnesses. However, the Committee will continue to respect the child and the person implicated in this matter during the time of the inquiry. As a thumbnail, the benefit of doubt will be given to the child and the burden of proof to prove one’s innocence lies with the adult.

After completion of inquiry and making a report on the incidence, the Committee may arrive at one of the following decision: to terminate the person from service, make a criminal complaint, transfer the person or take no action dependent on the findings of the inquiry The committee will take responsibility of supervision of filing the FIR in the nearest police station. (Refer to Annexure 2 for what to expect from the police) A copy of the FIR should be kept with the organization.

Even in cases with non-conclusive evidence, the Committee must weigh the question of whether there is even a slight chance of danger to children. In that case, no risk should be taken and the person removed from any work involving care of the children.

The whole redressal procedure should not take more than 15 days as it is important for the child who is victimized and for other children too to feel reassured.

The committee will prepare a report upon immediate conclusion of the enquiry with a copy being given to the parent/guardian, Project In- Charge, CWC and DCPU (if home is registered).

Information about the incident should be shared with the State office at the earliest. The follow up action and updates on the progress should also be communicated parallely.

The Sneh Sathis or children aggrieved with any of the decisions of the CPC can make an appeal. The Appeal Committee will be formed of –

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Annexure 1 Code of Conduct for Sneh Sathis I,

engaged by

(name of the implementing organization) agree that while implementing its activities, I will adhere to the following code of conduct and understand that violation will make me liable to action as per the child protection policy:

• • • •

State Program Manager (of the state where the incidence has occurred) The Project In charge in case of Partner Organization.

One Person from the National Office of RFI Two mature persons with experience of working preferably with children from disadvantaged background, recommended by the SPM.

This Committee may re-examine the whole matter and arrive at conclusions which will then be conveyed to the aggrieved party.

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1.

I will work towards providing an enabling environment for every childs personal, physical, social, emotional, moral and intellectual development, including those children who have special needs.

2.

I will ensure that all basic needs – nutrition, health care, education, love & affection are provided unconditionally to all children;

3.

I will treat all children with respect regardless of race, colour, gender, language, religion, political or other opinion, national, ethnic or social origin, disability, birth or other status;

4.

I will practice inclusion and involve all children without selection or exclusion on the basis of gender, disability, ethnicity, religion or any other parameter.

5.

I will encourage and respect children’s voices and views.

6.

I will be aware of the potential for peer abuse among children and protect younger and especially vulnerable children from peer abuse.

7.

I will not promote any one particular religion

8.

I will never turn out a child from the Rainbow Home /Sneh Ghar.

9.

I will not behave in a way that will cause physical pain or injury to any child in any manner for the purpose of discipline or any other reason.

10.

I will never ask children for domestic or other labour which is inappropriate, given their age or developmental stage, which interferes with their time available for education and recreational activities, or which places them at significant risk of injury.

11.

I will avoid having a closed door meeting/situation with a child or few children.

12.

I will never behave or act in any way that intends to embarrass shame, humiliate, or degrade any child.

13.

I will not use language or behaviour towards children that is derogatory, inappropriate, harassing, abusive, sexually provocative, demeaning or culturally inappropriate no matter what the provocation.

14.

I will never behave in ways that can have a sexual connotation ( both Contact and Non contact , as described in the RFI’ Child Protection Policy)

15.

I will not ask any child/ren to meet outside the campus without permission.

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16.

I will never invite/take unaccompanied children into my personal home, unless there is a valid reason and I have the permission from my team/supervisor

1.

I will work towards providing an enabling environment for every childs personal, physical, social, emotional, moral and intellectual development, including those children who have special needs.

17.

I will use computers, mobile phones, or video and digital cameras appropriately.

18.

I will obtain consent from the child and my team when photographing or filming a child for work related purposes;

2.

I will ensure that photographs, films, videos and DVDs present child/ren and their families in a dignified and respectful manner.

I will treat all children with respect regardless of race, colour, gender, language, religion, political or other opinion, national, ethnic or social origin, disability, birth or other status;

19.

3.

20.

I will not accept goods, gifts or services from any child/adult or anyone in the allied services, for services rendered as part of my work for the child.

I will practice inclusion and involve all children without selection or exclusion on the basis of gender, disability, ethnicity, religion or any other parameter.

4.

I will encourage and respect children’s voices and views.

21.

I will Not take unfair advantage of any professional relationship or use the children/ home to further personal, religious, political or business interests;

5.

I will be aware of the potential for peer abuse among children and protect younger and especially vulnerable children from peer abuse.

22.

I will ensure all records and any private information about children and their families along with information regarding their status will be maintained in strict confidentiality (unless required by law or for medical reasons).

6.

I will not promote any one particular religion

7.

I will not behave in a way that will cause physical pain or injury to any child in any manner for the purpose of discipline or any other reason.

23.

I will immediately report circumstances of any situation (which might potentially be questioned by others)which may be subject to misinterpretation by others.

8.

24.

I will report suspected or alleged abuse to the designated Sneh Sathi. Integrity and commitment to the child will be important factors in reporting abuse.

I will never ask children for domestic or other labour which is inappropriate, given their age or developmental stage, which interferes with their time available for education and recreational activities, or which places them at significant risk of injury.

9.

I will not give cash or any kind of gifts directly to the children, but always channelize the same through designated Sneh Sathi.

10.

I will not enter the dormitories unless I have permission from the designated Sneh Sathi

11.

I will not ask personal details of children unless the child herself initiates the conversation.

12.

I will not share personal, intimate details with the children.

13.

I will avoid having a closed door meeting/situation with a child or few children.

14.

I will never behave or act in any way that intends to embarrass shame, humiliate, or degrade any child.

15.

I will not use language or behaviour towards children that is derogatory, inappropriate, harassing, abusive, sexually provocative, demeaning or culturally inappropriate no matter what the provocation.

16.

I will never behave in ways that can have a sexual connotation ( both Contact and Non contact , as described in the RFI’ Child Protection Policy)

17.

I will not ask any child/ren to meet outside the campus without permission.

18.

I will never invite/take unaccompanied children into my personal home, unless there is a valid reason and I have the permission from my team/supervisor

19.

I will use computers, mobile phones, or video and digital cameras appropriately.

25.

26.

In the event of occurrence of a case, I will, in the spirit of best interest of the child/ ren extend all support and cooperation towards the inquiry process. I will refrain from influencing/instigating the children/Sneh Sathis in any way during the course of redressal.

I will not approach the police, CWC, media, or any other agency or individual to inform, discuss or give interview about an incident, people involved, family or any other aspect unless instructed to do so by the organization.

Sign:

Designation:

Name:

Date:

Code of Conduct Volunteers I,

Volunteering at

(name of the implementing organization) agree that while implementing its activities, I will adhere to the following code of conduct and understand that violation will make me liable to action as per the child protection policy:

22

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20.

I will obtain consent from the child and my team when photographing or filming a child for work related purposes;

21.

I will ensure that photographs, films, videos and DVDs present child/ren and their families in a dignified and respectful manner.

22.

I will not accept goods, gifts or services from any child/adult or anyone in the allied services, for services rendered as part of my work for the child.

23.

I will Not take unfair advantage of any professional relationship or use the children/ home to further personal, religious, political or business interests;

24.

I will ensure all records and any private information about children and their families along with information regarding their status will be maintained in strict confidentiality (unless required by law or for medical reasons).

25.

I will immediately report circumstances of any situation (which might potentially be questioned by others) which may be subject to misinterpretation by others.

26.

I will report suspected or alleged abuse to the designated Sneh Sathi. Integrity and commitment to the child will be important factors in reporting abuse.

27.

In the event of occurrence of a case, I will, in the spirit of best interest of the child/ ren extend all support and cooperation towards the inquiry process. I will refrain from influencing/instigating the children/Sneh Sathis in any way during the course of redressal.

28.

I will not approach the police, CWC, media, or any other agency or individual to inform, discuss or give interview about an incident, people involved, family or any other aspect unless instructed to do so by the organization.

Sign:

Designation:

Name:

Date:

24

Annexure 2 Role of the Police 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.

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. 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.

If the child is a CNCP, the IO shall, after recording the reasons in writing, make immediate arrangements to give her/him such care and protection (including admitting her/him into the nearest shelter home or hospital) within 24 hours of making the report.

The victim cannot be called to a police station; if at all, the statement of the victim is to be recorded at the victim’s residence or any other place by women police officers (as far as possible).

The IO must submit a report to the CWC and Special Court without unnecessary delay but within 24 hours for all cases under POCSO. Only the following categories of children are required to be produced before the CWC: 1.

If the offence is committed by a person living in the same or shared household with the child.

2.

If the child is living in a child care institution and is without parental support.

3.

The child is found to be without any home or parental support. Only a S.I. or above can handle cases under POCSO. The following information is to be given to a child and parent/guardian/support person by the IO: i. The availability of private and public emergency and crises centres ii. The procedural steps involved in a criminal prosecution iii. The availability of victim compensation benefits iv. The status of the investigation of the crime to the extent it will not interfere with the investigation v. The arrest of a suspected offender vi. The filing of charges against suspected offenders vii. The schedule of court proceedings that the child is required to attend or is entitled to attend. viii. The bail, release or detention status of an offender or suspected offender ix. The rendering of a verdict after trial x. The sentence imposed on an offender 25

List of Acronyms

Let me be a Child

DD

: Daily Diary

Let me know when I make you proud. And help me to have pride in my own accomplishments.

FIR

: First Information Report

CrPC

: Code of Criminal Procedure

CNCP

: Child in Need of Care and Protection

IO

: Investigating officer

CWC

: Child Welfare Committee

SI

: Sub-Inspector

Let me tell you when I'm feeling bad... or angry… Even at you.

POCSO

: Protection of Children from Sexual Offenses Act

And let me know that even on my worst days, you still like me.

Let me earn your trust. Then trust me. I won't let you down.

Let me try my wings. If I fail, let me know it's OK. And encourage me to try again.

Let me know you love me. With a hug. Or a pat on the back, or when I need it, with a firm but gentle "no."

Let me be, Let me change, Let me grow.

Let me dream. Share my joy when my dreams come true.

Share my tears when they don't.

Let me feel secure in my home. Help me realize that love dosen’t hurt and is always there … that I can depend on you no matter what.

Let me run … Let me laugh … Let me play.

Let me be a child!

- Anonymous

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