Child Victims Of Sexual Abuse Most Vulnerable Class Of Citizens; Statutory Support Systems Key To Empower Them: Allahabad HC

A bench of Justice Ajay Bhanot observed that since these victims face numerous challenges, including trauma, social marginalisation, and lack of resources, which hinder their ability to seek justice, the statutory support systems, such as legal aid, medical care, and counselling, become essential for empowering these children to navigate the legal process effectively.

“Bereft the support systems guaranteed by the statute, child victims of sexual offences under the POCSO Act cannot prosecute their cases effectively before the competent court…empowerment of children who are victims of sexual offences is an imperative necessity to remove the barriers in their search for justice. And the same can be achieved by fruition of their statutory rights. Denial of rights vested in child victims of sexual offences by the POCSO Act during court proceedings will defeat the legislative intent of the statute and result in miscarriages of justice,” the Court observed.

The Court made these observations while denying bail to a man who has been accused of trafficking his 14-year-old daughter for money.

During the case hearing, the Court noted that the victim had not been apprised of her rights to a support person and a legal counsellor. Even the status of the victim's grant entitlements under the POCSO Act was absent in the state's records.

Given this, the Court, in its order, highlighted the responsibilities of various authorities, including the police, Child Welfare Committee, District Legal Services Authorities, medical officers, and district administration police, to ensure that such victims receive their entitled support.

The Court also referred to the responsibility cast on the courts/magistrates considering bail applications in POCSO offences to ensure that the victims' entitlements are provided and the rights conferred by the said enactment are enforced.

“Faithful execution of the said responsibilities will ameliorate the disadvantages faced by child victims in legal proceedings,” the Court observed.

Importantly, the Court opined that the victims' rights and entitlements under the POCSO Act can be realized at the bail stage and during trials only by bringing the concerned statutory authorities, such as the Child Welfare Committee (C.W.C.), medical authorities, and police authorities, within the scope of the jurisdiction of the learned magistrates/learned trial courts.

The Court added that the authorities must apprise the trial court about how victims' rights under the POCSO Act have been implemented. The Court noted that the trial courts are legally obligated to consider the said reports, make relevant enquiries from the said competent authorities, and record their satisfaction with victims' access to their entitlements and support systems under the POCSO Act.

Referring to its ruling in the Junaid case, the Court noted that the Child Welfare Committee (CWC) and the police must submit details of the facilities and support systems provided to the child victims as per law before the court at the hearing of the bail applications.

The Court also referred to the authorities who are required to provide the entitlements to the child victims. They are:

Protection: Special Juvenile Police Unit (SJPU)/Local Police Authorities/Child Welfare Committee/Magistrates

Medical Aid: Competent medical authority/ police authorities/ Child Welfare Committee

Counselling: Competent medical authority/ Child Welfare Committee

Schooling: Child Welfare Committee/Basic Education Officer/District Inspector of School

Support Person: Child Welfare Committee

Legal Aid: District Legal Services Authority on recommendation of Child Welfare Committee

Government Aid/Beneficial Government Schemes: Child Welfare Committee/District Administration

Any other items under the POCSO Act read with POCSO Rules: Child Welfare Committee/As provided by law

Against this backdrop, the Court directed the Secretary, Department of Women and Child Development, Uttar Pradesh Government, 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 judgement and other requirements as per law.

Furthermore, the single judge also directed that proper training programmes to build the capacity of the CWCs to draw up such reports be undertaken on a routine basis and that the State Government should regularly monitor compliance with the above-said directions.

Regarding the merits of the case, the Court noted that the victim had identified the applicant as the principal offender who trafficked her for money. Further, observing that the victim is vulnerable and the offence is grave, and considering the likelihood that the applicant had committed the offence, the Court denied bail to the accused-father.

Case title - Rajendra Prasad vs. State Of U.P. And 3 Others

Citation :

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