SC seeks response of state governments on appointment of “support persons” in POCSO cases
New Delhi: The Supreme Court has sought responses of the state governments on appointment of "support persons" for the victims of child sexual abuse as per the guidelines prepared by the National Commission for Protection of Child Rights (NCPCR).
A bench of Justices BV Nagarathna and N Kotiswar Singh, which listed the matter for hearing on October 22, directed the states to file their compliance report on implementation of the NCPCR guidelines framed as per the order dated August 18, 2023 within four weeks.
"In the circumstances, the state governments are directed to submit their response to the SOP/Guidelines framed by the NCPCR vis-a-vis their implementation to NCPCR within the period of four weeks from today," the apex court said in its order of July 30 on a plea filed by NGO 'Bachpan Bachao Andolan'.
A "support person" means a person assigned by the Child Welfare Committee (CWC) to render assistance to a child victim through the process of investigation and trial.
During the hearing, the counsel appearing for the NCPCR had submitted that the directions issued by this court dated August 18, 2023 are in the process of being implemented and the state governments, some of which have not responded, would have to respond.
The counsel said the state governments will have to implement the Standard Operating Procedure (SOP)/Guidelines, which have been formulated by NCPCR and therefore, the response of the state governments regarding the implementation of the SOP/guidelines of NCPCR is crucial.
On August 18 last year, the top court had said true justice in cases of crimes against children is achieved not merely by apprehending the culprit or the severity of punishment meted out but by the support and security provided to the victim.
It had made the observations while issuing a slew of directions on the appointment of support persons under the POCSO Act.
The apex court had directed the Centre and the NCPCR to frame guidelines on appointment of support persons under the POCSO Act.
"Prepare a framework in the form of a Standard Operating Procedure (SOP) to ensure proper implementation of Rule 12 of the POCSO Rules, 2020, for reporting by the respective CWCs on the specific heads of information collected by them, on a monthly basis.
"This shall include the number of cases, where support persons have been engaged in trials and inquiries throughout the state. The information should also reflect whether they were from the District Child Protection Unit (DCPU) directory, or with external help from an NGO," the top court had said.
It had said the support and care provided through state institutions and offices is vital during this period.
The top court had observed that justice can be said to have been approximated only when the victims are brought back to society, made to feel secure, and their worth and dignity restored.
