Supreme Court Stresses Effective Support for Child Victims of Sexual Offences, Orders Stringent Implementation of Support Person System

In a landmark judgment delivered on August 18, 2023, the Supreme Court of India emphasized the crucial need for creating a secure and supportive environment for child victims of sexual offences. The judgment, authored by Justice S. Ravindra Bhat and Justice Aravind Kumar, underscored the significance of effective support mechanisms in aiding victims throughout the investigation and trial process under The Protection of Children from Sexual Offences Act, 2012 (POCSO Act).

"Behaviour - physical, verbal, and non-verbal, ranging from what discomfits a child to as horrifying as rape and physical sexual abuse have been criminalized. Special mechanisms to provide access to the justice delivery system, and ensure speedy justice, have been devised," observed the court, highlighting the legislative intent behind the enactment of the POCSO Act.

The case, originating from the struggles of an individual victim seeking justice, shed light on the challenges victims and their families face while navigating the complex legal processes involved in prosecuting offences under the POCSO Act. The judgment underscored the need for a 'support person' as envisioned in the Protection of Children from Sexual Offences Rules, 2020 (POCSO Rules, 2020), who could provide crucial assistance to victims throughout their ordeal.

The court directed the State of Uttar Pradesh to take proactive measures in implementing the support person system. It laid out a comprehensive framework, involving guidelines for selection, appointment, training, and remuneration of support persons, with a focus on their qualifications and expertise. The court highlighted the necessity of continuous training to ensure that support persons could provide not only legal guidance but also emotional support to child victims.

Justice Bhat and Justice Kumar emphasized, "The existing monitoring framework under Rule 12, although a step in the right direction, needs to be enhanced to ensure strict and effective implementation of the support person system. The role of support persons, whether engaged externally or from District Child Protection Units, must be clearly defined and their progress regularly monitored."

The judgment acknowledged that a support person could play a pivotal role in offering encouragement, reassurance, and guidance to victims, translating to more just outcomes in terms of both prosecution and rehabilitation. It stressed that justice in cases of child sexual abuse is not merely about apprehending the offender and imposing punishment but also about providing victims with adequate support, care, and security to facilitate their healing and recovery.

The Ministry of Women and Child Development was also directed to bring the judgment to the notice of the National Commission for the Protection of Child Rights (NCPCR), which, in accordance with Rule 12(1)(c), would monitor the progress of all states in framing guidelines to ensure the effective implementation of the support person system.

Date of Decision: August 18, 2023

BACHPAN BACHAO ANDOLAN  vs UNION OF INDIA & ORS.