Rule 3 : Interpreters, translators and Special educator :
The Protection of Children form Sexual Offences Rules, 2012
Rule 3 :
Interpreters, translators and Special educator :
1) In each district, the DCPU shall maintain a register with names addresses and other contact details of interpreters, translators and special educators for the purposes of the Act, and this register shall be made available to the Special Juvenile Police Unit (hereafter referred to as SJPU(Special Juvenile Police Unit)(Special Juvenile Police Unit)(Special Juvenile Police Unit)(Special Juvenile Police Unit)(Special Juvenile Police Unit)(Special Juvenile Police Unit)(Special Juvenile Police Unit)), local police, Magistrate or Special Court, as and when required.
2)The qualifications and experience of the interpreters, translators, Special educators, and experts engaged for the purposes of sub-section(4) of Section 19, sub-sections(3) and (4) of Section 26 and Section 38 of the Act, shall be as indicated in these rules.
3)Where and interpreter, translator, or Special educator is engaged, otherwise than from the list maintained by the DCPU under sub-rule(1), the requirements prescribed under sub-rules(4) and (5) of this rule may be relaxed on evidence of relevant experience of formal education or training or demonstrated proof of fluency in the relevant languages by the interpreter, translator, or special educator, subject to the satisfaction of the DCPU, Special Court or other authority concerned.
4) Interpreters and translators engaged under sub-rule(1) should have functional familiarity with language spoken by the child as well as the official language of the state, either by virtue of such language being his mother tongue or medium of instruction at school at least up to primary school level, or by the interpreter or translator having acquired knowledge of such language through his vocation, profession, or residence in the area where that language is spoken.
5)Sign language interpreters, Special educators and experts entered in the register under sub-rule (1) should have relevant qualifications in sign language or special education, or in the case of an expert, in the relevant discipline, from a recognized University or an institution recognized by the Rehabilitation Council of India.
6)Payment for the services of an interpreter, translator, Special educator or expert whose name is enrolled in the register maintained under sub-rule (1) or otherwise, shall be made by the State Government from the Fund maintained under Section 61 of the Juvenile Justice Act, 2000, or from other funds placed at the disposal of the DCPU, at the rates determined by them, and on receipt of the requisition in such format as the Stage Government may prescribe in this behalf.
7)Any preference expressed by the child at any stage after information is received under sub-section (1) of Section 19 of the Act, as to the gender of the interpreter, translator, Special educator, or expert, may be taken into consideration, and where necessary, more than one such person may be engaged in order to facilitate communication with the child.
8)The interpreter, translator, Special educator, expert, or person familiar with the manner of communication of the child engaged to provide services for the purposes of the Act shall be unbiased and impartial and shall disclose any real or perceived conflict of interest. He shall render a complete and accurate interpretation or translation without any additions or omissions, in accordance with Section 282 of the Code of Criminal Procedure, 1973.
9) In proceedings under Section 38, the Special Court shall ascertain whether the child speaks the language of the court adequately, and that the engagement of any interpreter, translator, Special educator, expert or other person familiar with the manner of communication of the child, who has been engaged to facilitate communication with the child, does not involve any conflict of interest.
10)Any interpreter, translator, Special educator or expert appointed under the provisions of the Act or its rules shall be bound by the rules of confidentiality, as described under Section 127 read with Section 126 of the Indian Evidence Act, 1872.
*Note : All content on this website is for only educational purpose do not use it any where as legel activities and Publisher or owener is not responsible for any mistake if any mistake please suggest us. we will try to improve that.
No feedback yet
Form is loading...