Recommendations / Guidelines

Recommendations / Guidelines

Guidelines by Hospitals in case of MLC Examination of victims of sexual assault:

This Commission feels that there is a need to lay down certain guidelines to be followed by the hospitals on the MLC examination of the victims of sexual assault:

  1. In order to provide privacy to the victim, a separate room should be identified by the Director, Directorate of Health Services/Medical Superintendent and  marked in all hospitals where the victims can be examined by the attending doctor who is invariably and in all cases a female doctor.
  1. In this regard, Director, Directorate of Health Services/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.
  1. 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.
  1. 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 say to say supervision.
  1. The Nodal officer will ensure that good practices on proper collection of MLC evidence/material are observed.
  1. The Director, Directorate of Health Services/Medical Superintendent will arrange periodic training sessions to the doctors on the protocols and guidelines on the MLC examination/reporting in case of sexual victims.
  1. The Director, Directorate of Health Services/Medical Superintendent will also organize sensitization workshops for hospital staff, medical & paramedical.
  1. In case where counseling of the victims is required, the same should be provided by the hospital’s own pool doctors and if that is not available, then the NGOs who provide such counselling should be   informed. For this purpose the name and contact numbers of the NGOs should be kept available in the room.

It is, stated that the above guidelines are to be notified in the official gazette before they could be made enforceable.

 

Guidelines on corporal punishment & tution classes:

  1. Registration of tuition classes by Education Department to be made compulsory.
  2. Limit on the admission of no. of children.
  3. Fix timing for tuitions.
  4. No corporal punishment during classes.
  5. To ensure that only qualified teachers having potential to teach to take tuition classes.
  6. Reasonable fees to be charged and the Education Department to decide the fee structure for primary, Secondary and Higher Secondary level.

 

Guideline on recording statements:

The Commission feels that recording of statements in the house of the complainant without any prior notice either to the complainant or to her elderly relative is not proper and justified. This Commission holds that recording the statement of the complaint in her house and against her wish amounts to violation of child rights and practice of recording the statement in the manner aforesaid should be discouraged. The Commission would like to place on record that the statement of the victim should always be recorded in presence of the literate guardians in order to ensure that the victim feels safe and secure and the statements given are properly interpreted. With the above observations, the Commission holds the proceedings in the case as closed. The copy of the order will be served to all NGO’s and schools for strict compliance.

The Commission feels that recording of statements in the house of the complainant without any prior notice either to the complainant or to her elderly relative is not proper and justified. This Commission holds that recording the statement of the complaint in her house and against her wish amounts to violation of child rights and practice of recording the statement in the manner aforesaid should be discouraged. The Commission would like to place on record that the statement of the victim should always be recorded in presence of the literate guardians in order to ensure that the victim feels safe and secure and the statements given are properly interpreted. With the above observations, the Commission holds the proceedings in the case as closed. The copy of the order will be served to all NGO’s and schools for strict compliance.

 

Guidelines for schools:-

  1. Setting up of sexual harassment committee/ grievance committee (Vishaka Judgment).
  2. Setting up of safety and security committee. This committee will consist of three teachers from the school, out of which two members will be female. This committee is to look into the safety measures in the School.
  3. In cases of emergency situation such as (sexual, physical, verbal abuse etc.) the in-charge of the institution shall inform to the parents of the child immediately without any delay and also ensure that the offence is registered against the culprit at the concerned Police Station.
  4. Information of abuse within the institution should be reported to Police which should be mandatory.
  5. Institution/school should have compulsory counsellor to interact with the children.
  6. Institution/school should have compulsory 48 hours of gender, rights and responsibility talks. This would empower kids to speak and seek assistance when required.
  7. Committees suggested at point 1 and 2 should report to this commission every 3 months on the meetings held.
  8. Details of the committee members should be disclosed in the school office and at a place which is accessible to school children.
  9. Vacant and isolated room in the school should always be kept locked for safety.
  10. Child Protection Policy to be implemented in schools and children’s homes.

The Management of the school should strictly comply with the above guidelines to achieve the main objective.

 

Measures for the security and safety of the children studying in the schools:

  1. School bus/ drivers of school vehicles to be verified with their address.
  2. Private or Govt. Vehicle plying to drop children from school to home should be notified by the police.
  3.  Police to review security measures in schools.
  4. Instruct school administration to install C.C.T.V. at gates and vital locations in school.
  5. Any person without any valid reason is found in the vicinity of educational institutions should be monitored.
  6. Increase patrolling of Police during school hours in the vicinity of school.
  7. Maintain register of persons visiting the school showing the details as to the time and purpose for which the people visit the school.

 

Bus stop at Pediatric Neuro Surgical Department.

 On receiving telephonic complaints concerning the non-stopping of buses at the newly built Pediatric Neuro Surgical Department at Bambolim.  This Commission visited the sight and checked the veracity of the complaints. We observed that the bus stop both to and from Bambolim are at a distance of one Kilometer from the Pediatric Neuro Surgical Department. It takes the parents (in most cases having to carry their children) approximately 15-20 minutes to reach bus stop causing lot of inconvenience to them.

This Commission requested the Secretary (Transport) to take urgent steps for declaring any spot near the Pediatric Neuro Surgical Department, Bambolim as a bus stop so that the parents/guardians of the mentally and physically challenged children do not have to walk a long distance carrying their children to Pediatric Neuro Surgical Department for treatment. Needless to say that this gesture will bring immense relief to the parents and children.

 
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