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Madras High Court constitutes Special Bench for implementation of POCSO Act, JJ Act

Taking in view the importance of implementation of the provisions under the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) and the Protection of Children from Sexual Offences (POCSO) Act, 2012, the High Court of Madras has constituted a Special Bench for the purpose.

The Division Bench of Justice Sunder Mohan and Justice N. Anand Venkatesh directed the Registry to inform all the associations of lawyers and advocates in both Chennai (principal bench) and Madurai to assist the court in dealing with the subject matter, given the importance of the issue. 

The High Court further instructed the Director General of Police (DGP), Pondicherry and the Tamil Nadu DGP to submit before it, all data related to the children in conflict with law and survivors below 18 years of age. 

It also sought details of all cases pending before the police for investigation and before the court for adjudication under the JJ Act and the POCSO Act. 

The Special Bench, comprising Justice Mohan and Justice Venkatesh, was constituted in line with an administrative order dated April 4, 2023, passed by the Acting Chief Justice of the Madras High Court, T. Raja. 

The administrative order passed in April was on a recommendation made by Justice Venkatesh and Justice P.N. Prakash (now retired). 

The Bench of Justice Venkatesh and Justice P.N. Prakash had passed the order then on a Habeas Corpus writ petition filed under Article 226 of the Constitution by a father alleging illegal detention of his daughter by the authorities.  

The petition stated that after a video was posted and circulated on social media platform showing one of her classmates tying a thaali (mangalsutra) around her neck, she was subjected to ‘two finger test’ or ‘virginity test’ that is prohibited in India and sent to a state-run shelter by the Child Welfare Committee (CWC).

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