The notification has directed Special Courts (POCSO) or jurisdictional Sessions Courts, where no Special Court exists, to forward information received from the police about child victims in need of care and protection to the Child Welfare Committee (CWC)
GUWAHATI: The Gauhati High Court recently issued a notification to ensure proper implementation of the Protection of Children from Sexual Offences (POCSO) Act, 2012.
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The directive follows the Supreme Court’s observations in In Re: Right to Privacy of Adolescents (Suo Moto Writ Petition (C) No. 3/2023), highlighting lapses in enforcing Section 19(6) of the Act.
The notification has directed Special Courts (POCSO) or jurisdictional Sessions Courts, where no Special Court exists, to forward information received from the police about child victims in need of care and protection to the Child Welfare Committee (CWC). This must be done without delay to facilitate the rehabilitation of the victims, and the police are instructed to produce the child before the CWC as soon as possible.
In cases where the Special Juvenile Police Unit (SJPU) fails to report or present the victim before the CWC, the court must inform the Superintendent of Police to ensure compliance. Similarly, if the CWC fails to act, the court is required to notify the District Commissioner to arrange rehabilitation under the Juvenile Justice (Care and Protection of Children) Act, 2015, and the POCSO Act, 2012.
The guidelines also mandate adherence to Rule 4(10) of the POCSO Rules, 2020, which requires the SJPU or police to inform the court within 24 hours after assigning a support person for the child victim. If a child victim is found living with the accused, the court must immediately alert the CWC for intervention and rehabilitation.
Additionally, Special Courts will collect annual reports from CWCs, preferably in January, to monitor the status and residence of children who have been rehabilitated.
