POCSO Act: Supreme Court Directs SLSAs To Form Scheme For Empanelment Of Paralegals In Police Station

A Bench of Justices Indira Banerjee and MM Sundresh further directed that the respective State governments as well as Union government will be in charge for disbursing funds for implementation of the scheme(s).

"Needless to mention, respondent State governments/Union government shall make available funds for implementation of scheme."

The Court was hearing a petition moved by an NGO, Bachpan Bachao Andolan, seeking directions to concerned authorities to urgently implement the safeguards available in child protection legislations.

During the previous hearing on September 1, the Court had directed to circulate the Delhi State Legal Services Authority's scheme regarding the empanelment of Para Legal Volunteers (PLVS) in police stations in cases pertaining to offences against children, to all State Legal Services Authorities so that the same may be used as a model.

During the hearing, the counsel appearing for the National Legal Services Authority (NALSA) informed the Court that the Delhi Model had already been circulated to SLAs and USLAs.

He submitted that rather than framing the scheme, funding was the bigger issue.

"Framing can be done in three months', funding is the bigger challenge", he said.

"(States) Have to form scheme in 3 months....States will have to pay. Not willing to fund, but they have to fund", the Bench asserted.

Another aspect that as brought before the Court was that there's a National Database Of Sexual Offenders. But no guidelines have been issued on how to use it. The Advocate who shed light on the matter, apprised the Bench of a recent case where a 3-year-old was abused by a person who had committed two other crimes. In this view, Centre may be requested to frame guidelines in this regard, he prayed.

As the hearing reached a close, Additional Solicitor General Aishwarya Bhati informed the Bench of two PILs before the CJI Bench on programs for young children, women etc.

Hearing this, the Bench ordered for the same to be listed before it.

The petition sought directions to be issued to the State Legal Services Authorities to appoint PLVs at each police station in the respective States to assist in cases of offences against children. Additionally, the plea sought for the following reliefs:

• For judicial officers to take immediate actions on applications filed u/s 156(3) of the Code of Criminal Procedure in POCSO matters

• For the Central Government and NALSA to notify scheme for compensation, rehabilitation, welfare and education of POCSO

• State Governments to strictly adhere to the time frame mentioned in the POCSO Act and in case of inability to do the same, reasons for failure be sent to higher authorities.

Gang rape of 13-year-old girl

With regard to the agony of a 13-year-old Dalit minor girl who was brutally gang raped last year, in Lalitpur, UP, the Court was given a report by Principal District Judge, Kanua today.

The girl seems to be happy, intermingling with other students as well as is concentrating in her studies, the Court noted, after perusing the report. Therefore, no further action need be taken as far as the girl is concerned, it opined.

The petition stated that the police department had been derelict in their duty to register the FIR. Moreover, they had threatened the girl and her family with dire consequences.

The counsel appearing for the National Legal Services Authority had previously apprised the Bench that it had provided the girl's family with legal aid.

Case Title: Case Title: Bachpan Bachao Andolan v. UoI And Ors. WP(C) No. 427/2022