Staff Reporter
Guwahati: A recent notification issued by Gauhati High Court directs the Special Court (POCSO) or the jurisdictional Sessions Court (where there is no Special Court) about the steps to be taken for victims of offences under the Protection of Children from Sexual Offences (POCSO) Act, 2012 for the rehabilitation of the child victim.
The notification was issued pursuant to the directions enumerated in paragraph 35 of the judgement dated August 20, 2024, passed by the Supreme Court in a Suo Moto Writ Petition (C) (No. 3/2023).
The HC notification states that when an offence coming under the POCSO Act has been committed and the victim is in need of care and protection, the Special Court (POCSO) or the jurisdictional Sessions Court shall forward such information received from police to the jurisdictional Child Welfare Committee without delay for the rehabilitation of the child victim, besides directing the police to produce the victim before the Committee.
Also, that, on coming to find that the Special Juvenile Police Unit has failed to report that the victim is in need of care and protection and to produce him/her before the Child Welfare Committee, the POCSO Court, or the jurisdictional Sessions Court, shall report the matter to the Superintendent of Police of the district concerned, who shall then ensure compliance.
And, on finding that the Child Welfare Committee has failed to act to properly rehabilitate the victim, the POCSO Court or Sessions Court concerned shall report the matter to the District Commissioner of the district concerned, who shall then take steps for getting the victim rehabilitated as per the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015, and the POCSO Act 2012.
The POCSO Courts are also directed to ensure mandatory compliance with Rule 4 (10) of the POCSO Rules, 2020, by the Special Juvenile Police Unit.
Moreover, if it comes to the knowledge of the POCSO Court that a child against whom an offence has been committed is residing with the accused person, the Court will immediately apprise the Child Welfare Committee and direct the latter to take appropriate steps for rehabilitation of the child.
The POCSO Court has to call for annual reports, preferably in the month of January, from the Child Welfare Committee pertaining to the present residence and status of rehabilitation of children against whom an offence has been committed and for whom care and protection is provided under section 19 (5) of the POCSO Act.
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