‘True justice is giving care, support to victims’
New Delhi: True justice in cases of crimes against children is achieved not merely by nabbing the culprit or the severity of punishment meted out but by the support and security provided to the victim, the Supreme Court has said.
A bench of Justices S Ravindra Bhat and Aravind Kumar made the observation while issuing a slew of directions relating to the appointment of support persons under the POCSO Act.
A “support person” means a person assigned by the Child Welfare Committee to render assistance to the child through the process of investigation and trial. “In crimes against children, it is not only the initiating horror or trauma that is deeply scarring; that is aggravated by the lack of support and handholding in the days that follow.
“In such crimes, true justice is achieved not merely by nabbing the culprit and bringing him to justice, or the severity of punishment meted out, but the support, care, and security to the victim (or vulnerable witness), as provided by the state and all its authorities in assuring a painless, as less an ordeal an experience as is possible, during the entire process of investigation, and trial,” the bench said.
The top court said 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.
“Without this, justice is an empty phrase, an illusion. The POCSO Rules 2020, offer an effective framework in this regard, it is now left to the State as the biggest stakeholder in it to ensure its strict implementation, in letter and spirit,” the bench said which was hearing a plea by NGO Bachpan Bachao Andolan highlighting the difficulties faced by a survivor in a POCSO case in Uttar Pradesh.
Noting the role of a “support person” under the Protection of Children from Sexual Offences Rules (POCSO), 2020, remains unfulfilled, the bench said it is necessary that steps are taken to ensure that the POCSO Act and the mechanisms it creates are functioning and effective.
