The Hon’ble Supreme Court of India has directed all states and Union Territories (UTs) to implement Model Guidelines for Support Persons under Section 39 of the POCSO Act, 2012. These guidelines aim to provide emotional and psychological support to child victims of sexual abuse during legal proceedings. This decision was made in response to two important court cases: “We the Women of India v. Union of India” and “Bachpan Bachao Andolan v. Union of India.”
Court’s Directions on Model Guidelines
On October 9, 2023, the Supreme Court asked the National Commission for Protection of Child Rights (NCPCR) to create these guidelines in consultation with state governments and UT administrations. The court later issued another order on July 30, 2024, instructing all states and UTs to implement the guidelines. After doing so, they must report back to the Commission on their progress.
NCPCR’s Meeting on Implementation
To ensure the Supreme Court’s orders are followed, the NCPCR organized a meeting on September 25, 2024, at Vigyan Bhawan, New Delhi. Representatives from 24 states and UTs attended the event to discuss the implementation of the guidelines.
The meeting was led by Smt. Preeti Bharadwaj Dalal, Member (Law Relating to Children), and Smt. Divya Gupta, Member (Child Health, Care, Welfare) from NCPCR. Both emphasized the need for these guidelines to be followed in every state and UT. They explained that the primary role of Support Persons is to help child victims through the difficult process of legal trials, ensuring their emotional well-being and protection.
Keynote Address by NCPCR Chairperson
Shri Priyank Kanoongo, the Chairperson of NCPCR, gave the keynote address. He welcomed the officials from various states and UTs and stressed that the meeting’s main goal was to ensure compliance with the Supreme Court’s orders. Shri Kanoongo further explained that Support Persons under the POCSO Act are essential for providing emotional and psychological support to child victims during legal procedures.
He also pointed out that Support Persons can play a crucial role in rehabilitating child victims of sexual abuse. According to him, it’s essential to appoint enough Support Persons based on the number of pending child sexual abuse cases in each state. These Support Persons should be listed on the POCSO Tracking Portal to ensure transparency and timely assistance for the victims.
Implementation Guidelines for States and UTs
During the meeting, the Chairperson explained that all states and UTs had received instructions to follow the guidelines and submit a Compliance Report. The report should include:
- A copy of the order implementing the guidelines in all districts.
- Copies of advertisements for the Empanelment of Support Persons.
- A copy of the order directing officials to upload details of Support Persons on the POCSO Tracking Portal.
Shri Kanoongo stressed the importance of having enough Support Persons to match the number of ongoing cases. This would ensure child victims receive proper care and support throughout the legal process.
Open House Discussion
After the keynote address, there was an open house discussion where representatives from different states and UTs shared their suggestions and concerns regarding the implementation of the guidelines. This discussion helped identify challenges and opportunities for ensuring that child victims receive the necessary support during legal proceedings.
Concluding Remarks
At the end of the meeting, Smt. Rupali Banerjee Singh, the Member Secretary of NCPCR, expressed her gratitude to all the participants for their active involvement in the discussion. She emphasized the importance of continuing efforts to protect and support child victims of sexual abuse.
Importance of Support Persons Under the POCSO Act
The POCSO Act, 2012, was enacted to protect children from sexual offenses. Section 39 of the Act allows for Support Persons to assist child victims. These individuals are crucial in helping children cope with the emotional and psychological stress of legal proceedings.
Support Persons are responsible for guiding children through the legal process, ensuring they understand their rights, and helping them feel safe. By providing emotional and psychological support, these individuals play an important role in protecting the well-being of child victims.
The Way Forward
The implementation of these guidelines across states and UTs will help improve the support system for child victims. By following the Supreme Court’s orders, states and UTs can ensure that Support Persons are available and equipped to assist children in need. This move is a significant step towards ensuring that the legal system is more child-friendly and sensitive to the needs of victims of abuse.
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