File Status Reports On Child Sexual Abuse Cases Before HC's Juvenile Justice Committee Every 6 Months: Gauhati High Court To State, Child Rights Body

On 20.12.2018, 'The Assam Tribune', an English daily had reported that three girl inmates of Swapnalaya Children's Home situated in Sivasagar, were subjected to sexual and physical abuse by the Superintendent of the said children's home, which led to a suicide attempt by one of the victims.

The victims, who escaped from the children's home, were later rescued and they were produced before the Child Welfare Committee, Sivasagar and their statements were recorded. It was alleged that two persons, i.e. the Superintendent of the children's home and the house-mother were responsible for the incident.

Accordingly, an FIR was lodged against them under the relevant provisions of the IPC as well as the POCSO Act. Subsequently, a charge-sheet was filed and the Sessions Court, after conducting the trial, acquitted both the accused.

It was also pointed out by D. Nath, Senior Government Advocate that State has already filed an appeal against the order of acquittal and the matter is now set to come up in the month of January, 2023 for hearing.

However, K. Goswami, senior counsel representing a respondent, contended that though there was ample evidence, the case was not conducted in proper manner by the prosecution which resulted into unmerited acquittal.

He also relied upon the relevant provisions of Juvenile Justice (Care and Protection of Children) Act, 2015 and emphasised that in order to ensure that incidents like the present one does not occur in the future, appropriate directions deserve to be passed.

Directions

Accordingly, the Court passed the following directions to the State Government for proper enquiry in cases relating to sexual harassment of children.

• the State Government shall pursue the appeal in accordance with law;
• the State Government and the Assam State Commission for Protection of Child Rights shall strictly adhere to the provisions of the Commission for protection of Child Rights Act, 2005 while conducting enquiry into case relating to child rights violence;
• the State Government through Assam State Commission for Protection of Child Rights shall conduct immediate training on child rights enquiry procedure for all stake-holders;
• Assam State Commission for Protection of Child Rights shall only exercise power which are granted by the Act and shall act as per the limited jurisdiction that has been provided for protection in Child Rights Act, 2005 and shall not involve or engage itself into enquiry and shall not investigate or attempt to gather material;
• the State Government and Assam State Commission for Protection of Child Rights shall pursue any such incident reported to it in accordance with the provisions of the act and shall take all necessary steps to protect the right of the child who has suffered either sexual abuse or violence and shall take appropriate legal steps as envisaged under different acts;
• the State Government and Assam State Commission for Protection of Child Rights shall file a report of any such incident and the steps taken, including the enquiry made and the result of that enquiry, to the Juvenile Justice Committee of Guahati High Court every six months, i.e. twice in a year.

Accordingly, the PIL was disposed of leaving it for the competent Court to hear the appeal.

Case Title: XXXX v. In Re-The State of Assam & Ors.

Case No.: PIL (Suo Motu) No. 1 of 2019

Judgment Dated: 22^nd December 2022

Coram: R.M. Chhaya, CJ. & S. Saikia, J.

Counsel for the Petitioner: Mr. H.K. Das, Advocate

Counsel for the Respondents: Mr. D. Nath, Senior Government Advocate; Mr. K. Goswami, Senior Advocate; Mr. A. Sandilya, Advocate

Citation: 2022 LiveLaw (Gau) 72