State Government Is Required To Release Additional Budget For POCSO Courts: Gauhati High Court

The Gauhati High Court has said that the State Government is required to release the additional budget for the POCSO (Protection of Children from Sexual Offences) Courts.

A Division Bench comprising Chief Justice Sandeep Mehta and Justice Mitali Thakuria observed, “A perusal of the letter dated 10.06.2022 reveals that the Deputy Secretary, Judicial Department, Government of Assam has indicated that the facilities like furniture, books and other paraphernalia, as well as the Vulnerable Witness Deposition Centre (VWDC) required for the POCSO Courts, can be taken care of from the budget allotted to the District & Sessions Judges of the districts. … We feel that as the VWDC is a new facility being created under the directions of Hon'ble the Supreme Court and for the mandate of the POCSO Act, the State Government is required to release additional budget for this infrastructure.”

Advocate N. Choudhury appeared on behalf of the petitioner while Senior Government Advocate D. Nath appeared on behalf of the respondent.

In this case, a PIL (Public Interest Litigation) was filed by Bachpan Bachao Andolan and Sampurna Bethura for the purpose of implementation of the directions given by the Supreme Court. The counsel for the State had presented copies of two communications dated June 10, 2022, and March 21, 2023, in response to the direction given by the High Court earlier.

The High Court in the above regard noted, “In view to widen the scope of proceedings and to ensure proper and full implementation of the directions given by the Supreme Court in the continuing writ petition being WP(C) No.473/2005 (Sampurna Behura Vs. Union of India & Ors.), we deem fit to involve the UNICEF representative of Assam in this matter. Thus, a request letter shall be sent by the Registry to the UNICEF Assam representative so that their input can also be taken.”

The Court said that the counsel for the State shall also collect information regarding the status of utilization of funds being provided by the Central Government under the Integrated Child Protection Scheme (ICDS).

“Mr. R.K.D. Choudhury, learned Dy.S.G.I. shall also provide assistance to the Court in this matter. His name shall henceforth be reflected in the cause list”, further directed the Court.

Accordingly, the Court listed the matter on June 8, 2023.

Cause Title- Bachpan Bachao Andolan and Anr. v. State of Assam and 4 Ors. (Neutral Citation: GAHC010234612019)

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