Guidelines For Appointing “Support Persons” For Victims Under The POCSO Act Are Issued By The Supreme Court
Bachpan Bachao Andolan v. Union of India WP C. No. 427/2022
The Supreme Court on Friday(Aug 18), passed an order relating to the appointment of support persons under the POCSO Act and their qualifications. The Court issued directions for framing guidelines on their appointment. It is pertinent to note that POCSO Rules, 2020 define a ‘support person as “someone assigned by a child welfare committee to render assistance to a child during the process of investigation and trial, or any other person assisting a child pre-trial or during the process of a trial pertaining to the offences under the POCSO Act, 2012.”
Key Directives by the Supreme Court include-
1. Reporting Mechanism Establishment: The Authorities are mandated to establish a robust and effective reporting mechanism.
2. Standard Operating Procedure (SOP): The Court emphasized the creation of a meticulous SOP to guide the reporting process. This SOP should be shared with Juvenile Justice Boards and Child Welfare Committees to ensure uniformity in response.
3. Role of Support Persons: The court recognized the challenging nature of victim interactions, especially in hostile environments.
4. Remuneration of Support persons to be commensurate with Qualification and Experience: While the rules stipulate payment for support persons akin to skilled workers, the Supreme Court has highlighted the need for remuneration to be aligned with qualifications and experience.
5. Model Guidelines and Precedent Consideration: “For framing of guidelines, Model guidelines prepared prior to POCSO rules may be considered,” the court said.
6. Comprehensive Victim Support: The Supreme Court observed that justice transcends apprehending the culprits; it is equally important to ensure victims receive proper care, support, and security throughout the entire legal process.
7. Role of Support Institutions: Stressing the vital role of support institutions, the court emphasized that true justice is achieved when victims are reintegrated into society with their dignity and worth restored.
8. State’s Responsibility for Implementation: After the establishment of POCSO Rules, 2020, it falls to the state to be the main stakeholder in ensuring the strict implementation of these directives.