Supreme Court Directs States/UTs To Implement S.19(6) Of POCSO Act & JJ Act Provisions To Ensure Rehabilitation Of Child Victims
Immediately after the knowledge of the commission of a heinous offence under the POCSO Act, the State, its agencies and instrumentalities must step in and render all possible aid to the victim children, the Court said.
In a case where it was found that the State of West Bengal had failed to take care of a victim of an offence under the Protection of Children from Sexual Offences (POCSO) Act, the Supreme Court has issued directions to all States/Union Territories to strictly implement the provisions of the POCSO Act and the Juvenile Justice (Care and Protection) Act, 2015 (JJ Act) to ensure the welfare of...
In a case where it was found that the State of West Bengal had failed to take care of a victim of an offence under the Protection of Children from Sexual Offences (POCSO) Act, the Supreme Court has issued directions to all States/Union Territories to strictly implement the provisions of the POCSO Act and the Juvenile Justice (Care and Protection) Act, 2015 (JJ Act) to ensure the welfare of such victims.
The Court specifically called for the implementation of Section 19(6) of the POCSO Act. According to this provision, the Special Juvenile Police unit or the local police unit, on getting information about an offence against a child, should immediately report the matter to the Child Welfare Committee(CWC) as well as the Special Court within 24 hours.
Upon getting such information, the CWC should act in accordance with the JJ Act.
Non-compliance of Section 19(6) violation of Article 21
Emphasising the responsibility of the State to take care of the victims, the Court said :
"It is the responsibility of the State to take care of helpless victims of such heinous offences. Time and again, we have held that the right to live a dignified life is an integral part of the fundamental right guaranteed under Article 21 of the Constitution of India. Article 21 encompasses the right to lead a healthy life. The minor child, who is the victim of the offences under the POCSO Act, is also deprived of the fundamental right to live a dignified and healthy life. The same is the case of the child born to the victim as a result of the offence. All the provisions of the JJ Act regarding taking care of such children and rehabilitating them are consistent with Article 21 of the Constitution of India.
Therefore, immediately after the knowledge of the commission of a heinous offence under the POCSO Act, the State, its agencies and instrumentalities must step in and render all possible aid to the victim children, which will enable them to lead a dignified life. The failure to do so will amount to a violation of the fundamental rights guaranteed to the victim children under Article 21. The police must strictly implement sub- section (6) of Section 19 of the POCSO Act. If that is not done, the victim children are deprived of the benefits of the welfare measures under the JJ Act. Compliance with Section 19(6) is of vital importance. Non-compliance thereof will lead to a violation of Article 21."
Under Section 29 of the JJ Act, the CWC has exclusive authority over cases involving children in need of care and protection. The definition of such a child includes those residing with someone who has injured, exploited, or abused them. The Court emphasized that victims of POCSO offences residing with their abusers should automatically be considered children in need of care and protection.
The Supreme Court stressed that reporting the offence to the CWC, as required by Section 19(6) of the POCSO Act, is not a mere formality. Upon receiving such a report, the CWC is required to take immediate action under Section 30 of the JJ Act. This includes taking cognizance of the case, conducting inquiries into the child's well-being, and ensuring their rehabilitation and protection.
The Court highlighted that under Section 30(vi) of the JJ Act, the CWC must ensure the care and rehabilitation of children based on an individual care plan. Additionally, Section 30(xiii) specifically mandates the CWC to take action for the rehabilitation of sexually abused children, who are automatically considered children in need of care and protection.
Section 36 of the JJ Act requires the CWC to conduct a social investigation and pass final orders regarding the child's care within 15 days. If the CWC determines that the child has no family support or remains in need of care and protection, it must arrange for the child's placement in a suitable facility until they turn 18 or until rehabilitation is complete.
The Court noted that the ultimate goal of the JJ Act, as per Section 39, is the rehabilitation and social integration of children based on an individual care plan. The Act emphasizes family-based care, but when this is not possible, it allows for placement in registered institutions or with a fit person or facility, the Court noted.
"The CWC cannot wait till the children in need of care and protection are produced before it. Under clause (xii) of Section 30, the CWC must take suo motu cognizance of the cases and reach out to the children in need of care and protection. What is important here is clause (xiii) of Section 30, which mandates that it is the duty of the CWC to take action for the rehabilitation of sexually abused children who are children in need of care and protection," the Court observed.
The Court also discussed the aftercare provisions under Section 46 of the JJ Act, which provide financial support to children leaving institutional care at 18 to help them reintegrate into society. The Rule 25 of the West Bengal Juvenile Justice (Care and Protection of Children) Rules, 2017 outlines the implementation of these provisions, including vocational training, housing, and employment support, the Court noted.
Noting that the provisions of Section 19(6) were not followed in the instant case, the Court directed the Registry to forward copies of this judgment to the Secretaries of Law and/or Justice Departments of all the States and Union Territories.
The Court directed :
"The Secretaries shall convene meetings of the Secretaries of the concerned departments and other senior officials. The object of holding such meetings is to ensure that appropriate directions are issued to all concerned to strictly implement the provisions of Section 19(6) of the POCSO Act and the relevant provisions of the JJ Act, which we have elaborated above. The State/Union Territories must create machinery to do so.
The State/Union Territories shall also assist the victims in getting the benefits under the scheme of the Government of India and the scheme of NALSA, which we have referred to above. In the meetings, the issue of framing Rules by the States to give effect to the provisions of Section 46 of the JJ Act, shall also be considered.
The Secretaries shall forward the compliance reports to the Secretary of the Ministry of Women and Child Development, Government of India, within a period of two months from today. The Secretary of the Ministry of Women and Child Development shall compile the reports and submit an exhaustive report before this Court within three months from today. A copy of this judgment shall also be forwarded to the Secretary to the Ministry of Women and Child Development, Government of India."
In the instant case, the Court noted that the victim did not get any support from her parents and the State machinery when she required it the most. As held by us hereafter, the State machinery failed to act according to the law to take care of the victim.
If sub-section (6) of Section 19 is implemented in relation to the victims of the offences under the POCSO Act and thereafter, the CWC strictly implements the provisions of the JJ Act , no victim will face the situation which the victim in this case had to face, the Court added.
A bench of Justice Abhay Oka and Justice Ujjal Bhuyan passed these directions while restoring a 25-year-old man's conviction under Section 6 of the POCSO Act, Sections 376(3) and 376(2)(n) IPC for sexually assaulting a 14-year-old girl. The Calcutta High Court had acquitted the man citing the victim's ongoing cohabitation with the accused and the lack of support from her parents.
The Court determined that while the existing legal framework provides sufficient provisions to protect such victims, the State's machinery failed to implement these provisions effectively, leaving the victim without adequate care and protection.
“This extraordinary situation was created because the State machinery did not follow the provisions of law starting from sub-section (6) of Section 19 of the POCSO Act. The importance of rehabilitation of the victims of offences under the POCSO Act, which is a mandatory requirement of law, is being overlooked by all stakeholders. Perhaps, at levels, there is a need for introspection and course correction. We include even the Judiciary in that.”
The Court emphasised that the CWC is tasked with the care, protection, treatment, and rehabilitation of children in need of care and protection, including children who are victims of offences under the POCSO Act.
“Unfortunately, in our society, due to whatever reasons, we find that there are cases and cases where the parents of the victims of the offences under the POSCO Act abandon the victims. In such a case, it is the duty of the State to provide shelter, food, clothing, education opportunities, etc., to the victim of the offences as provided in law. Even the child born to such a victim needs to be taken care of in a similar manner by the State. After the victim attains the majority, the State will have to ensure that the victim of the offence can stand on his/her legs and, at least, think of leading a dignified life”, the Court observed.
Also from the judgment -
Case Details: In Re: Right to Privacy Of Adolescents, Suo Moto WP(C) No. 3 of 2023
Citation: 2024 LiveLaw (SC) 587