POCSO Act : Supreme Court Asks State Legal Services Authorities To Use DLSA Model On Inclusion Of Para-Legal Volunteers In Police Stations

A Bench of Justices Indira Banerjee and V Ramasubramanian underlined that the scheme on inclusion of paralegals in police stations should to be framed on complaints regarding missing children and for other offences against children as well.

The Bench was hearing a plea seeking directions to concerned authorities to urgently implement the safeguards available in child protection legislations.

During the hearing, the Bench also impleaded the Union Ministry of Women and Child development, after Additional Solicitor General Aishwarya Bhati made a request to that effect.

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.

Earlier this week, the Court had impleaded all the State Governments/Union Territories in the plea filed by the Bachpan Bachao Andolan (BBA), an NGO defending children's rights.

The petition filed by Bachpan Bachao Andolan filed in public interest alleged that the failure of the State Authorities to implement the provisions of child protection legislations has led to the rampant violation of legal rights of the child victims. The petition lamented that though in 2013, the Apex Court had directed appointment of PLVs in Police Stations to oversee the manner in which the complaints regarding missing children and other offences against children are dealt with, the said safeguard had not yet been adopted.

The petition also specifically highlighted the agony of a 13-year-old Dalit minor girl who was brutally gang raped last year, in Lalitpur, UP. Pointing to her case, the petition claimed 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.

To this end, the petition sought to transfer the criminal cases to Delhi with directions to expeditious trial and direct agencies to provide immediate treatment, counselling, rehabilitation and compensation to the victim in consonance with various compensation schemes.

The petition also directed the State Government to initiate action against erring officials and to issue directions to extend protection and other facilities to the victim and her family members.

On the latest developments in the matter, the counsel appearing for the National Legal Services Authority (NALSA) apprised the Bench that it had provided the girl's family with legal aid.

Further, the advocate requested the Bench to direct the District Judge to appoint a judicial officer to conduct a discreet enquiry, in line with the court's earlier order.

Accordingly, the court ordered,

"The Principal district judge may depute a sensitive lady judicial officer to conduct discreet enquiry as directed by the earlier order of this court. Confidential report in a sealed cover may be handed by Monday."

The matter will be next heard on September 12.

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