Gauhati HC Notifies Direction To Ensure Swift Production of Victims In POCSO Cases Before Child Welfare Committee

The Gauhati High Court issued a notification to ensure swift production of Victims in POCSO Cases before Child Welfare Committee pursuant to directions issued by the Supreme Court in In Re: Right To Privacy Of Adolescent [Suo Motu Writ Petition (c) NO(s). 3/2023]

The notification caters to the specific directions as enumerated in paragraph 35 of the above judgement which reads as following:

"However, at the grassroot level, sub-section (6) of Section 19 is not being implemented. Even if the information is provided to the CWC, the children in need of care and protection are not being produced before the CWC. Even if the information is given under sub-section (6) of Section 19 of the POCSO Act, the CWCs are not taking any action, though, under clause (xii) of Section 30, CWC has the duty to take suo motu congnizance of the cases and reach out to the children in need of care and protection who are not produced before the CWC. Under sub-section (6) of Section 19, the police are under a mandate to report the matter to the jurisdictional Special- Court or the jurisdictional Sessions Court, in the event the Special Court has not been established. On getting information, it will be ideal if the Special Courts or the Sessions Courts forward the information to the jurisdictional CWC. It is very crucial that sub-section (6) of Section 19 is scrupulously implemented and the CWCs take immediate action to protect the victim. Therefore, we are directing that a copy of this judgment should be forwarded to the Secretaries of the Law Department of each State and Union Territories. The Law Secretaries must coordinate with the concerned departments and ensure that the benefits of these statutory provisions under the JJ Act are extended to the victims of the offences under the POCSO Act. The Secretaries will also ensure that the State Governments undertake the process of framing rules as required by Section 110(1), including the rules provided under Section 46, to make the measures provided under the JJ Act more effective."

The suo-motu case was against a judgment delivered by the Calcutta High Court that had made remarks related to the biological rationale behind sexual urges in female adolescents and underscoring that while libido is a natural aspect.

The notification now issued by the High Court containing the following directions comes immediately into effect:

(i) The Special Court (POCSO) or the jurisdictional Sessions Cout where there is no Special Court (POCSO)], on receiving information from the police u/s 19 (6) of the Protection of Children from Sexual Offences Ac., 2012, that an offence has been committed under the said Act and that the victim is in need of care and protection, shall forward the information to the jurisdictional Child Welfare Committee without delay for the rehabilitation of the child victim besides directing the police to produce the victim before the jurisdictional Child Welfare Committee.

(ii) On coming to a finding that the Special luvenile Police Unit has failed to report that the victim is in need of care and protection and to produce him / her before the Child Welfare Committee, the Special Court (POCSO) or the jurisdictional Sessions Court where there is no Special Court (POCSO)], shall report the matter to the Superintendent of Police of the concerned district, who shall then ensure compliance. and / or,

(iii) On coming to a finding that the Child Welfare Committee has failed to act to properly rehabilitate the victim, the Special Court (POCSO) or the jurisdictional Sessions Court [where there is no Special Court (POCSO)], shall report the matter to the District Commissioner of the concerned district, who shall then take steps for getting the victim rehabilitated as per the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015, and the Protection of Children from Sexual Offences Ac.., 20L2.

(iv)The Special Courts shall ensure mandatory compliance of Rule 4 (10) of Protection of Children from Sexual Offences Rules, 2020 by the Special Juvenile Police Unil viz., "where a support person has been provided to the chil4 the SJPU or local police shall, within 24 houts of making such assignment, inform the Special Court. "

(v) If it comes to the knowledge of the Special Court that a child against whom an offence has been committed is residing with the accused person, the Special Court will immediately apprise the Child Welfare Committee and direct the latter to take appropriate steps for rehabilitation of the child.

(vi)The Special Court will call for annual reports, preferably in the month of January, from the Child Welfare Committee pertaining to the present residence and status of rehabilitation of children against whom offence has been committed and for whom care and protection is provided under section 19 (5) of the Protection of Children from Sexual Offences Act.

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