Allahabad HC Directs Enforcement Of Entitlements Provided To Child Victims Under POCSO Act, Orders CWCs To Submit Reports

The applicant was represented by Advocate M.P. Srivastava while the Respondent was represented by the Government Advocate Chandan Agrawal.

The Allahabad High Court was considering a bail application of a man booked under the POCSO Act. The applicant is the father of the 14-year-old victim and the victim had identified the applicant as the principal offender who trafficked her for money. The FIR in this case was registered under Sections 376, 120B I.P.C. and Section 16/17 of the POCSO Act.

After going through the submissions and records, the Bench noted that the victim had not been apprised of her rights to a support person and a legal counsellor. Status of grant entitlements of the victim under the POCSO Act were also absent in the records of the State.

"The realization of the statutory rights of child victims of sexual offences under the POCSO Act is the key to empower them to engage with the legal process on a fair footing”, the Bench said while also adding, “Denial of rights vested in child victims of sexual offences by the POCSO Act during court proceedings will defeat the legislative intent of the statute and result in miscarriages of justice.”

Emphasizing that various authorities such as police, Child Welfare Committee, District Legal Services Authorities, medical authorities, district administration have been created under the POCSO Act to uphold the rights of victims, the Bench said, “The rights and entitlements of the victims under the POCSO Act can be realized at the stage of bails and during the trials only by bringing the concerned statutory authorities like Child Welfare Committee (C.W.C.), medical authorities and the police authorities within the scope of the jurisdiction of the learned magistrates/learned trial courts.”

The Bench also highlighted the importance of the Trial Courts by asserting, “The learned trial courts are under an obligation of law to consider the said reports, make relevant enquiries from the said competent authorities and record their satisfaction as regards access of victims to their entitlements and support systems under the POCSO Act.

The Bench stated that the reports depicting compliance of necessary parameters and details of the facilities and support systems provided to the child victims as per law have to be submitted by the Child Welfare Committee (CWC) and the police respectively before the court at the hearing of the bail applications.

“Legislation cannot be reduced to a dead letter by apathy of the statutory authorities”, the High Court said.

The Bench concluded the matter by further ordering, “The Secretary, Department of Women and Child Development, Uttar Pradesh Government is directed to ensure that proper formats of reports to be submitted by the CWCs before the courts in bail applications under the POCSO Act are created in line with the observations in this judgement and other requirements as per law. Furthermore, proper training programmes to build the capacity of the CWCs to draw up such reports shall also be undertaken on a regular routine basis. The State Government shall regularly monitor the compliance of the above said directions.”

The Bench noted that the victim had identified the applicant as the principal offender who trafficked her for money. Noting that the victim is vulnerable and the applicant had committed the offence, the Bench dismissed the bail application.

Cause Title: XYZ vs. State Of U.P. And 3 Others [Neutral Citation- 2024:AHC:142805]

Appearance:

Applicant: Advocates M.P. Srivastava and Manoj Kumar Kushwaha

Opposite Party: Government Advocate Chandan Agrawal

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