Summary
The Court held that access to a support person for a child victim under the POCSO framework is a legal entitlement, subject to the requisite consent. It directed Uttar Pradesh to strengthen selection, training, reporting and remuneration arrangements, and required national monitoring of State guidelines. The petition remained pending for compliance.
Issues
- Whether appointment of a support person is merely optional or a legal entitlement under the POCSO Rules.
- What administrative measures were necessary to make that entitlement effective.
Provisions considered
- Section 39, Protection of Children from Sexual Offences Act, 2012The duty to frame assistance guidelines supported directions to establish an effective support-person system and to report State progress through the NCPCR. (¶¶ 7, 11, 13)
- Rules 2(1)(f), 4(8), 4(9), 4(12) to (15), 5(6); Form A, Protection of Children from Sexual Offences Rules, 2020Read together, the framework made support-person assistance an entitlement subject to consent and defined continuing confidentiality, information and assistance duties throughout investigation and trial. (¶¶ 3, 4, 5, 6, 8, 9, 11)
- Rule 12, Protection of Children from Sexual Offences Rules, 2020The existing monitoring duties required structured monthly information, review and State-level reporting rather than ad hoc implementation. (¶¶ 10, 11, 13)
Held
- Support-person services are a legal entitlement rather than a merely suggestive measure. Appointment is mandatory subject to consent of the child, guardian or trusted person as applicable; the family may seek qualified outside assistance within the Rules. (¶¶ 3, 8, 9)
- Support extends beyond courtroom attendance to information, practical help, emotional support and coordination with police, medical services, legal aid and compensation processes. Confidentiality, the child’s safety, dignity and recovery must guide that role throughout investigation and trial. (¶¶ 3, 4, 5, 6, 12)
- Uttar Pradesh’s Principal Secretary for Women and Child Welfare must convene the prescribed stakeholders within six weeks to assess capacity and develop necessary selection, empanelment, qualification, training and employment arrangements, supported by district information. (¶ 11)
- The State must arrange periodic sensitive, child-appropriate training and monthly reporting from support persons through CWCs, with SCPCR review and an SOP implementing Rule 12. Completed guidelines and SOPs must reach JJBs and CWCs within one week of preparation. (¶ 11)
- The meeting must also consider remuneration commensurate with the qualifications and experience of independent trained professionals, having regard to comparable government employment. Effective justice requires rehabilitation and continuing support as well as prosecution. (¶¶ 11, 12)
Result
Directions issued; writ petition retained for compliance. Uttar Pradesh to report by 4 October 2023. NCPCR to submit consolidated State-guideline progress, and Union and NCPCR to file affidavits by that date. Judgment to be circulated to the specified authorities; next listing 6 October 2023.