Background and Issue
The Supreme Court recently addressed the issue of the role of a ‘support person’ in child sexual abuse cases, particularly in the context of the Protection of Children from Sexual Offences Act (POCSO Act) Rules, 2020. The Court noted that despite the progressive step of introducing the role of a support person, its potential remains largely unfulfilled or implemented in a partial or ad-hoc manner. The Court recognized the importance of providing support to victims and their families as they navigate the legal process following a traumatic experience.
Importance of Support Person
The Court emphasized that from the moment of registering an FIR or complaint under the POCSO Act, victims and their families have to interact with various authorities such as the police, medical officers, courts, and Child Welfare Committees. This process can be overwhelming and often discourages victims from pursuing their cases. A support person, as envisaged in the POCSO Rules, can offer crucial emotional, psychological, and practical assistance, acting as a guardian ad litem for the child.
Ensuring Justice and Support
The Court stressed that in cases of crimes against children, justice isn’t merely about apprehending and punishing the offender. It’s equally important to provide victims with the necessary support, care, and security throughout the investigation and trial process. The Court emphasized that victims must be made to feel secure, their dignity restored, and their worth reaffirmed. Without this support, the concept of justice remains empty and illusory.
Court’s Directions
In light of these considerations, the Court issued a series of directions to ensure the effective implementation of the role of support persons in child sexual abuse cases:
- The Principal Secretary to the Department of Women and Child Welfare in the State of Uttar Pradesh was directed to convene a meeting within six weeks to review the status and take action on the role of support persons.
- The meeting would involve key stakeholders, including the State Commission for the Protection of Child Rights, State Legal Service Authority, senior officials from Juvenile Justice Boards, Child Welfare Committees, and other relevant entities.
- The District Child Protection Units were instructed to provide details about the support persons maintained under Rule 5(1) of the POCSO Rules.
- The state was directed to frame rules or guidelines to define the qualifications, training, and selection of support persons and identify eligible institutions or NGOs.
- The state was to ensure that support persons receive training not only in legal procedures but also in communicating with and assisting children sensitively.
- Reporting mechanisms were to be established for support persons to send monthly reports, and a Standard Operating Procedure (SOP) was to be prepared for reporting by Child Welfare Committees.
- The SOP and guidelines were to be communicated to Juvenile Justice Boards and Child Welfare Committees.
- The remuneration for support persons should reflect their qualifications, experience, and responsibilities.
Compliance and Progress
The State of Uttar Pradesh was required to file a compliance report, while the National Commission for the Protection of Child Rights (NCPCR) was directed to submit a consolidated status report outlining the progress of all states in framing guidelines. The matter was scheduled to be taken up again in October.
The verdict underscores the significance of providing comprehensive support to victims of child sexual abuse beyond the legal process itself. It emphasizes the role of support persons in helping victims cope with the aftermath of trauma and navigate the complexities of legal proceedings. This approach aligns with the broader goals of achieving justice and restoring victims’ dignity and well-being.
