The Allahabad High Court has said that child victims of sexual abuse are the most vulnerable class of citizens. The realization of the statutory rights of child victims of sexual offences under POCSO Act is the key to empower them to engage with the legal process on a fair footing.
A Single Bench of Justice Ajay Bhanot passed this order while hearing a Criminal Misc Bail Application filed by Rajendra Prasad.
By means of the bail application, the applicant has prayed to be enlarged on bail in Case at Police Station-Chaubeypur, District-Varanasi under Sections 376, 120B I.P.C and Section 16/17 of the POCSO Act. The applicant has been in jail since 04.11.2022.
The bail application of the applicant was rejected by the trial court on 06.07.2024.
The Court said that the issue that arises for consideration in the bail application is the need and the manner to realize the rights of child victims under the POCSO Act offences in bail proceedings.
The Court observed,
Victims under the POCSO Act are entitled for various support systems like support person, legal aid, medical care, counselling services and other beneficial schemes of the State Government. The child victims of sexual abuse are a most vulnerable class of citizens. The children of the said class are often incapacitated in their search for justice by other disabling circumstances like the trauma of the incident, social marginalization, financial penury, legal illiteracy and the like. Bereft of the support systems guaranteed by the statute, child victims of sexual offences under the POCSO Act cannot prosecute their cases effectively before the competent court.
The realization of the statutory rights of child victims of sexual offences under the POCSO Act is the key to empower them to engage with the legal process on a fair footing. The statutory support systems enhance the capacity of the said victims to interface with officials and secure their rights. Empowerment of children who are victims of sexual offences is an imperative necessity to remove the barriers in their search for justice. And the same can be achieved by fruition of their statutory rights. Denial of rights vested in child victims of sexual offences by the POCSO Act during court proceedings will defeat the legislative intent of the statute and result in miscarriages of justice.
Various authorities have been created under the POCSO Act to uphold the rights of victims. The said authorities like police, Child Welfare Committee, District Legal Services Authorities, medical authorities, district administration are enjoined by the statute to provide the entitlements under the POCSO Act to victims like support persons, medical specialists, legal aid, beneficial schemes of the government and so on. Responsibility is cast on the courts/magistrates considering the bail applications in POCSO offences to ensure that entitlements of the victims are provided and the rights conferred by the said enactment are enforced. Faithful execution of the said responsibilities will ameliorate the disadvantages faced by child victims in legal proceedings.
The rights and entitlements of the victims under the POCSO Act can be realized at the stage of bails and during the trials only by bringing the concerned statutory authorities like Child Welfare Committee (C.W.C), medical authorities and the police authorities within the scope of the jurisdiction of the magistrates/ trial courts.
The said authorities shall remain accountable to the magistrates/ trial courts for the purposes of implementing the rights of the aforesaid victims during the course of various legal proceedings including bails. The said authorities have to apprise the trial court about the manner in which the rights of victims under the POCSO Act have been implemented. The trial courts are under an obligation of law to consider the said reports, make relevant enquiries from the said competent authorities and record their satisfaction as regards access of victims to their entitlements and support systems under the POCSO Act.
The Court stated that the reports depicting compliance of the parameters and details of the facilities and support systems provided to the child victims as per law shall be submitted by the Child Welfare Committee (CWC) and the police respectively before the court at the hearing of the bail applications. The trial courts shall examine the aforesaid reports at the time of hearing of the bail applications and if required shall issue appropriate directions.
The mandate of POCSO Act has to be rigorously followed and meticulously implemented. Currently the implementation of the POCSO Act in the above stated manner is deficient, which frustrates the legislative intent. Legislation cannot be reduced to a dead letter by apathy of the statutory authorities, the Court further said.
The Court directed the Secretary, Department of Women and Child Development, Uttar Pradesh Government to ensure that proper formats of reports to be submitted by the CWCs before the courts in bail applications under the POCSO Act are created in line with the observations in this judgement and other requirements as per law. Furthermore, proper training programmes to build the capacity of the CWCs to draw up such reports shall also be undertaken on a regular routine basis. The State Government shall regularly monitor the compliance of the above said directions.
“The victim is a minor who is 14 years of age. The applicant is the father of the victim. The victim has identified the applicant as the principal offender who trafficked her for money. The victim is vulnerable. The offence is grave. There is likelihood that the applicant had committed the offence. At this stage, no case for bail is made out,” the Court further observed while dismissing the bail application.