Madhya Pradesh HC Notice To NCPCR, State Commission On PIL Seeking Strict Compliance Of Section Mandating Public Awareness Of POCSO Act

The Madhya Pradesh High Court has issued notice to the National Commission for Protection of Child Rights and Madhya Pradesh State Commission for Protection of Child Rights in a Public Interest Litigation plea seeking strict and monitored compliance of Section 43 of the POCSO Act.

Section 43 states that Centre and every State government will take all measures to ensure that the provisions of Act are given wide publicity through media including the television, radio and the print media at regular intervals to make the general public, children as well as their parents and guardians aware of the provisions of POCSO Act.

A division bench of Chief Justice Suresh Kumar Kait and Justice Vivek Jain observed, “On taking steps, let notice be served upon respondents No.3/ National Commission for Protection of Child Rights and 6/Madhya Pradesh State Commission for Protection of Child Rights and on receipt of notice said respondents are also directed to file response to the petition within two weeks. Rejoinder thereto, if any, within one week thereafter.”

The court passed the order in a Public Interest Litigation petition filed with an object of ensuring strict, meaningful and regularly monitored compliance of the statutory obligation contained in Section 43 POCSO Act.

It is alleged that since the commencement of the provisions of the Act neither the Central government nor the State government have taken any noticeable initiative for spreading awareness about the provisions of the act specially about the stringent punishment one can incur, the youth of tender age is falling prey to the harsh penal provisions of the act on account of their ignorance about the legal imperatives contained in the Act.

It is submitted that the teenagers (boy) or youth (male) who are in their twenties being unaware of the stringent provisions of the act often fell prey to the penal provisions of the Act for indulging in voluntary sexual activity oblivious of the fact that the girl is just few months away from attaining majority.

Thus, the petitioner prayed before the court to issue a writ of mandamus directing respondents to ensure that the mandate of section 43 of the POCSO Act is complied with in its letter and spirit.

The court in its order dated January 9 granted two weeks more time to the respondents to file a response to the petition. In addition, the court served notices upon Respondent No. 3 and Respondent No. 6 and asked them to file a response too.

Case Title: Amitabha Gupta vs. Union of India & Ors, W.P. No. 24633/2024

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