Allahabad High Court orders the enforcement of rights for child victims under the POCSO Act and instructs Child Welfare Committees to submit reports.
The Allahabad High Court highlighted that victims of the POCSO Act have the right to various support services, including legal aid, medical care, and counseling. The court urged judges and magistrates to ensure that these rights are upheld. This statement came while the court rejected a bail request from a father convicted under the POCSO Act. Justice Ajay Bhanot emphasized that trial courts must review relevant reports, consult with appropriate authorities, and confirm that victims can access their entitled support services under the POCSO Act.
The applicant was represented by Advocate M.P. Srivastava, while the Government Advocate Chandan Agrawal represented the Respondent. The Allahabad High Court was reviewing a bail request for a man charged under the POCSO Act. The applicant is the father of a 14-year-old victim, who identified him as the main offender involved in her trafficking for money. The FIR was filed under Sections 376, 120B of the I.P.C., and Sections 16/17 of the POCSO Act. After examining the submissions and documents, the Bench observed that the victim had not been informed of her rights to have a support person and a legal advisor. Additionally, the records from the State did not include the status of the victim’s entitlements under the POCSO Act.
The court stated that ensuring the legal rights of child victims of sexual offenses under the POCSO Act is essential for helping them participate fairly in the legal process. It added that ignoring these rights during court proceedings would go against the purpose of the law and could lead to injustices. The court highlighted that various bodies, including the police, Child Welfare Committee, District Legal Services Authorities, and medical authorities, have been established under the POCSO Act to protect victims’ rights. It emphasized that these rights can only be fully realized during bail hearings and trials if the relevant authorities, like the Child Welfare Committee and medical and police officials, are included in the jurisdiction of the magistrates and trial courts.
The Bench emphasized the crucial role of the Trial Courts, stating, “Trial courts must legally consider the reports, seek information from the appropriate authorities, and ensure that victims have access to their rights and support under the POCSO Act. The Bench noted that the Child Welfare Committee (CWC) and the police must present reports showing compliance with legal requirements and details of the support available to child victims during bail hearings. The High Court remarked, “Legislation cannot become ineffective due to the negligence of the authorities.”
The Bench wrapped up the case by stating, “The Secretary of the Department of Women and Child Development, Uttar Pradesh Government must ensure that appropriate report formats for the CWCs to submit in bail applications under the POCSO Act are developed according to this judgement and legal requirements. Additionally, regular training programs should be implemented to enhance the CWCs’ ability to prepare these reports. The State Government will also need to monitor compliance with these directives.” The Bench observed that the victim had identified the applicant as the main person who trafficked her for money. Considering the victim’s vulnerability and the applicant’s offense, the Bench rejected the bail application.
Cause Title: XYZ vs. State Of U.P. And 3 Others [Neutral Citation- 2024:AHC:142805]
Appearance:
Applicant: Advocates M.P. Srivastava and Manoj Kumar Kushwaha
Opposite Party: Government Advocate Chandan Agrawal
