By Niyati Dhiman

In a significant ruling, the Allahabad High Court has reiterated the importance of supporting child victims of sexual offences under the Protection of Children from Sexual Offences (POCSO) Act. This observation was made while hearing a case involving a man accused of trafficking his 14-year-old daughter. The Court stressed that child victims, particularly those who have faced severe trauma, require critical support systems such as legal aid, medical care, and counseling to effectively navigate the legal proceedings. Justice Ajay Bhanot emphasized that without these essential services, child victims would struggle to prosecute their cases and could face miscarriages of justice.

During the hearing, the Court noted that the victim had not been informed about her rights to a support person or a legal counselor. Additionally, there was a lack of documentation regarding the victim’s entitlements under the POCSO Act in the state’s records. This prompted the Court to call for the authorities, including the police, Child Welfare Committee (CWC), District Legal Services Authorities, and medical officers, to ensure that the victim receives the support she is entitled to under the law. The Court also underscored the role of the courts and magistrates in enforcing the statutory rights of child victims, especially at critical stages such as bail hearings and trials.

The Court elaborated on the specific responsibilities of various authorities in the legal process for child victims. These include the Special Juvenile Police Unit, the Child Welfare Committee, medical authorities, and the District Legal Services Authority, all of whom are tasked with providing the necessary protections, medical care, counseling, and legal aid. The Court emphasized that the trial courts should ensure that these authorities report on how the victim’s rights and entitlements under the POCSO Act are being implemented.

In its ruling, the Court pointed out that the Child Welfare Committee and the police must provide detailed reports on the facilities and support systems available to the victim. These reports should be submitted to the court during bail hearings to ensure the victim’s rights are being met. The Court also directed the Uttar Pradesh Government’s Department of Women and Child Development to create proper formats for submitting these reports and to provide routine training for the Child Welfare Committees to ensure compliance with the POCSO Act.

Regarding the case at hand, the Court denied bail to the accused, who was identified by his daughter as the principal offender. The Court recognized the grave nature of the crime and the vulnerability of the victim, concluding that the accused posed a significant risk to the victim and to society at large.

This judgment highlights the essential role of statutory support systems in the legal empowerment of child victims, ensuring that they can pursue justice with the necessary resources and protections. It serves as a reminder that the rights of child victims under the POCSO Act must be fully realized for the effective prosecution of sexual offences and the prevention of miscarriages of justice.

Case Title: Rajendra Prasad vs State of Uttar Pradesh, High Court of Allahabad

Citation: 2024:AHC:142805

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