Crimes Against Children: SC Says Providing Care and Support to Victims Is True Justice

The Supreme Court has ruled that in circumstances of crimes against children, true justice is attained by giving the victim assistance and security rather than solely by apprehending the offender or applying severe punishment.

The statement was made by a bench of Justices S. Ravindra Bhat and Aravind Kumar while giving a number of directives on the designation of support individuals under the POCSO Act.

A “support person” is a person who has been chosen by the kid Welfare Committee to help the kid throughout the inquiry and legal proceedings.

In crimes against children, the absence of help and handholding in the days that follow exacerbates the initial shock or trauma, which is extremely damaging.

The bench stated, “In such crimes, true justice is achieved not only by apprehending the offender and bringing him to justice, or the severity of punishment meted out, but also by the support, care, and security provided to the victim (or vulnerable witness), as provided by the state and all its authorities in ensuring a painless, as less an ordeal an experience as is possible, during the entire process of investigation, and trial.

The assistance and care offered by governmental institutions and offices, according to the supreme court, is essential at this time.

According to the highest court, victims’ value and dignity can only be fully restored when they are reintegrated into society, made to feel safe, and have their sense of worth and dignity restored.

“Justice is a hollow word and a phantasm without this. The POCSO Rules 2020 provide an effective framework in this regard, and as the largest stakeholder, the State is now responsible for ensuring that they are strictly followed, in letter and spirit. The bench made this statement while considering a petition from the NGO Bachpan Bachao Andolan that highlighted the challenges a survivor in a POCSO case in Uttar Pradesh faced.

The POCSO Act and the processes it establishes must be functional and effective, the court said, noting that the job of a “support person” under the 2020 Protection of Children from Sexual Offences Rules (POCSO) has not yet been filled.

The Uttar Pradesh Principal Secretary, Department of Women and Child Welfare, was ordered by the Supreme Court to call a meeting within the next six weeks to evaluate the state’s support person ecosystem’s capacity for selection, appointment, and the need for special rules, guidelines, or Standard Operating Procedures in relation to their appointment, training, etc.

The National Commission for the Protection of Children’s Rights and the Center have been ordered by the Supreme Court to submit an affidavit on the formulation of rules by October 4, 2023.

Create a framework for reporting by the individual CWCs on the particular heads of information they have gathered on a monthly basis in the form of a Standard Operating Procedure (SOP) to guarantee appropriate execution of Rule 12 of the POCSO Rules, 2020.

This will take into account the number of incidents where support people have participated in trials and investigations throughout the state. Whether they came from the DCPU directory or with outside assistance from an NGO should also be indicated, the court said.

The highest court noted that support staff who are independently qualified experts would need to do activities that involve close contact in sometimes difficult circumstances and as a result, should be compensated appropriately.

This court is of the opinion that the compensation paid for the duration of the work should be commensurate to the qualifications and experience of these independent professionals, taking into account the salaries paid to those with comparable qualifications employed by the government, in PSUs, or other institutions run by the government, even though the Rules state that such personnel should be paid equivalent to a skilled worker as per the Minimum Wages Act, 1948.