Allahabad: The Allahabad High Court has delivered a significant judgment emphasizing the crucial role of support systems for child victims of sexual offences under the POCSO Act, while calling for the rigorous implementation of these provisions.
Justice Ajay Bhanot made important observations regarding the vulnerabilities faced by child victims and the necessity of statutory support systems to empower them during legal proceedings.
Court Highlights Gaps in Implementation of Support Systems for Child Victims Under the POCSO Act
The court addressed a bail application in a POCSO case, noting that the victim had not been apprised of her rights to a support person and legal counsel. The court observed, “The records do not depict the appointment of a support person or legal aid/counsel for the victim. The status of the victim’s entitlements under the POCSO Act is also absent from the State’s records.”
Addressing the importance of support systems, the court stated, “Victims under the POCSO Act are entitled to various support systems, such as a support person, legal aid, medical care, counseling services, and other beneficial schemes of the State Government. The child victims of sexual abuse represent a most vulnerable class of citizens.”
Allahabad High Court Directs Authorities to Ensure Compliance with POCSO Act Mandates
The court highlighted the challenges faced by child victims, noting, “Children in this class are often incapacitated in their search for justice by other disabling circumstances, such as the trauma of the incident, social marginalization, financial penury, legal illiteracy, and the like.”
In response to these concerns, the court directed authorities to ensure proper implementation of support systems. The court ordered, “The Secretary, Department of Women and Child Development, Uttar Pradesh Government, is directed to ensure that proper formats of reports to be submitted by the CWCs before the courts in bail applications under the POCSO Act are created in line with the observations in this judgment and other legal requirements.”
The court emphasized the need for rigorous implementation, stating, “The above mandate of the POCSO Act must be rigorously followed and meticulously implemented. Currently, the implementation of the POCSO Act in the aforementioned manner is deficient, which frustrates the legislative intent.”
To ensure proper compliance, the court directed that a copy of the order be sent to various authorities, including the Director General of Police and the Secretary, Department of Women and Child Development, Uttar Pradesh Government.
Mr. M.P. Srivastava and Mr. Manoj Kumar Kushwaha appeared on behalf of the applicant.
Mr. Chandan Agrawal, learned AGA-I, appeared on behalf of the State.
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