VidhiSangh

Supreme Court of India · 18/08/2023

BACHPAN BACHAO ANDOLAN versus UNION OF INDIA & ORS.

[2023] 13 S.C.R. 658 · 2023 INSC 745

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

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

  1. Whether appointment of a support person is merely optional or a legal entitlement under the POCSO Rules.
  2. What administrative measures were necessary to make that entitlement effective.

Provisions considered

Held

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.

Judgment PDF: Supreme Court of India, [2023] 13 S.C.R. 658.