Gauhati High Court Bats For Child Friendly Court To Be Made Functional In State For Dealing With POCSO Cases

Taking note of the fact that there is no child friendly Court in the State of Arunachal Pradesh, the Gauhati High Court on Friday asked the Advocate General to take up to issue with State Government so that a child friendly court is made operational at the earliest in the State for dealing with POCSO cases.

A division bench comprising of Chief Justice Sudhanshu Dhulia and Justice Manash Ranjan Pathak was dealing with a suo moto case concerning the plight of a minor rape victim after a missing report was filed by one Aka Kalung alleging that his minor domestic help was missing since 1 March this year.

The victim girl, working as a domestic help, was allegedly raped and sexually abused by the house owner. She was brought from Nepal as a domestic help in the year 2017.

The development came after the Advocate General apprised the Court that there is no child friendly Court in the State of Arunachal Pradesh, which goes against the mandate of sub-rule 18 of Rule 54 of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016 stating that there shall be a child-friendly Court where matters regarding POCSO are taken up.

"The learned Advocate General of Arunachal Pradesh, Mr. N Dutta appears in this matter. We request the learned Advocate General to take up this matter with the State Government so that as early as possible at least one child-friendly Court can be constructed and made functional in the State of Arunachal Pradesh, at the earliest." The Court ordered.

During the previous course of hearing, the Court had stayed a trial court's order grating the victim's custody to accused's sister in law after observing that the same will not be in the interest of the victim girl. The Court also directed that a medical examination of the victim must be conducted by the medical board.

The Court also directed the state authority to provide police protection and also directed the concerned Deputy Commissioner to visit the CCI, Roing and conduct an enquiry with regard to the facilities available in the CCI.

The report of the enquiry conducted revealed that the facilities at CCI were adequate and that the victim was well protected. In view of this, the Court directed that the victim will stay in the said CCI for the time being.

While taking note of the medical report and inspection report filed in the matter, the Court adjourned the hearing to 16th August.

Title: PIL (Suo Moto)/5/2021

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