Allahabad HC Again Expresses Concern Over Non-Implementation Of POCSO Act, Rules & 'Junaid Case' Guidelines In UP

The Allahabad High Court has yet again expressed concerns over the non-implementation of POCSO Act, 2012 read with POCSO Rules, 2020, and also Junaid case guidelines issued by the High Court by the CWCs (Child Welfare Committee) in all districts of U.P.

It may be noted that in Junaid's case, the High Court had, inter alia, issued directions and a timeline for the disposal of bail applications under the POCSO Act, 2012.

The Court had also issued a direction to the police and the Child Welfare Committee to inform the aggrieved/victim party on getting the notice of the bail application of the accused, inform them about their rights, provide legal services, etc.

The matter in brief

Essentially, the Bench of Justice Ajay Bhanot was hearing the bail application of a POCSO accused, when it noted that notice of the bail plea was not served upon the victim/legal guardian in terms of the Protection of Children from Sexual Offences Act, 2012 read with POCSO Rules, 2020.

The Court had also observed that other protections guaranteed to child victims under the POCSO Act, 2012 read with POCSO Rules, 2020 have not been provided to the victim in the instant case nor the victim had been apprised of her rights under the Act.

Against this backdrop, the Court had, on January 4 directed the Principal Secretary, Department of Women & Child Development, Government of U.P. and Director General of Police, Government of U.P. Lucknow to filed their affidavits containing, inter alia, compliance report of the Junaid Case guidelines.

Court's observations made on January 21

However, when the matter again came up before the Court on January 21, the Court observed recently observed that except in an odd case or two, the CWCs have failed to comply with the directions of the Court in the Junaid Vs State of U.P. and another and have not implemented the mandate of provisions of the POCSO Act, 2012 read with POCSO Rules, 2020.

The Court also noted that the Principal Secretary, Department of Women & Child Development, Government of U.P. and Director General of Police, Government of U.P. Lucknow had failed to file their affidavits in terms of the Court's order dated 04.01.2022.

Regarding the failure of Junaid case's guidelines by CWCs, the Court observed thus:

"Prima facie, this reflects an abject failure on part of the higher authorities of the State under the POCSO Act, 2012 read with POCSO Rules, 2020 to get the law implemented. The State Government needs to ensure that the officers of proven administrative ability, possessing deep empathy for child victims and having an unimpeachable commitment to the rule of law are appointed at such high and sensitive positions."

Further, the Court observed that the Principal Secretary, Department of Women & Child Development, Government of U.P. Lucknow was not complying with the orders passed by the Court and was unable to get the mandate of the legislature implemented.

Stressing that the failure to implement directions of this Court in the Junaid case was impeding the day-to-day functioning of the Court and that the Court has to satisfy itself in every case whether the CWC and other State authorities have discharged their duties towards the victim as contemplated in the POCSO Act read with POCSO Rules and as directed in Junaid (supra).

Accordingly, the Court directed the Principal Secretary, Department of Women & Child Development, Government of U.P. Lucknow to respond to the above prima facie observations in her personal affidavit.

With this, the matter was put up for further hearing on February 10, 2022.

Case title - Rajesh v. State of U.P. and Another

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