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Justice in POCSO cases should be respectful of rights of the child: Justice BV Nagarathna

Supreme Court Judge, Justice B.V. Nagarathna on Saturday said that it was necessary to administer child-friendly justice, which was accessible, age appropriate, speedy and adapted to the needs of the child.

Speaking during the inaugural session of the two-day national consultation on the Protection of Children from Sexual Offences (POCSO) Act, 2012, the upreme Court Judge said that it was necessary to administer justice, which was respectful of the rights of the child, including the right to due process, right to participate in and understand the proceeding, and the right to privacy and dignity of the child.
On prevention of re-traumatisation and providing mental health support to children, she said the experts, coupled with a child-centric legal process, could help a child trek through the emotionally adverse path of recovery, following abuse.
Regarding the proposal floated by Union Minister Smriti Irani of establishing 1,000 fast track courts, with 300 exclusively to deal with POCSO cases, Justice Nagarathna said the exercise would remain futile, till it was complemented with appointment of more Judges.
She further stressed on training and sensitising the Judges, public prosecutors and police personnel on the issue.

The national consultation is being organised by the Supreme Court Committee on Juvenile Justice (SCCJC), in association with the United Nations Children’s Fund (UNICEF).

The seventh such event of its kind, the consultation this time round will mark ten years since the POCSO Act was enacted.

Chief Justice of India DY Chandrachud, Supreme Court Justice S Ravindra Bhat, Union Women & Child Minister Smriti Irani and UNICEF-India representative Cynthia McCaffery also spoke on the occasion.

The consultation will also feature the participation of government and law enforcement officials, the National Council for the Protection of Child Rights, and civil-society members.

The inaugural session will be followed by technical sessions covering various facets of the POCSO Act. These will deal with prevention, rehabilitation and reintegration of survivors to child-friendly courts, investigation procedures and capacity-building to sharing of good practices etc.

In order to mark the 10th anniversary of implementation of the Protection of Children from Sexual Offences (POCSO) Act 2012, the Supreme Court Committee on Juvenile Justice (SCCJJ) joined hands with the United Nations International Children’s Emergency Fund (UNICEF) to organise a two-day national consultation on the Act.

Chief Justice of India (CJ) Dhananjaya Yashwant Chandrachud; Women and Child Development Minister Smriti Zubin Irani; Chairperson of SCJJC, Justice S. Ravindra Bhat; Judges of the Supreme Court and High Courts; along with Cynthia McCaffery, Representative of UNICEF India, graced the occasion today. 

The consultation featured participation of key stakeholders from the Government of India, law enforcement agencies, senior members of the judiciary, state governments and civil society.

It is the seventh such consultation under the aegis of the Supreme Court Committee on various child protection issues and brings to conclusion, a series of similar state-level consultations across the country.

The session will be followed by technical sessions covering various facets of POCSO Act, ranging from prevention, rehabilitation and reintegration of survivors to child-friendly courts, investigation procedures and capacity building to sharing of good practices, among others. 

The event will culminate on December 11, with reflections from the Government of India, the Supreme Court, the National Council for the Protection of Child Rights (NCPCR) and UNICEF.

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