Sexual abuse cases: Gauhati High Court asks government and ASCPCR to report every six months

STAFF REPORTER

GUWAHATI: A division bench of the Gauhati High Court has directed the Assam Government and the Assam State Commission for Protection of Child Rights (ASCPCR) to file reports of any sexual and physical abuse incidents and steps taken, including the enquiry, made and the result of that enquiry, to the Juvenile Justice Committee of the Gauhati High Court every six months.

The bench comprising Chief Justice RM Chhaya and Justice Soumitra Saika also directed the State government and the ASCPCR that –

i) The State Government shall pursue the appeal in accordance with the law.

ii) The State Government and the Assam State Commission for Protection of Child Rights shall strictly adhere to the provisions of the Commission for protection of Child Rights Act, 2005 while conducting an enquiry into the case relating to child rights violence.

iii) The State Government through Assam State Commission for Protection of Child Rights shall conduct immediate training on child rights enquiry procedure for all stakeholders.

iv) Assam State Commission for Protection of Child Rights shall only exercise power which is granted by the Act and shall act as per the limited jurisdiction that has been provided for protection in Child Rights Act, 2005 and shall not involve or engage itself in enquiry and shall not investigate or attempt to gather material.

v) The State Government and Assam State Commission for Protection of Child Rights shall pursue any such incident reported to it in accordance with the provisions of the act and shall take all necessary steps to protect the right of the child who has suffered either sexual abuse or violence and shall take appropriate legal steps as envisaged under different acts.

The bench issued the directive after a suo moto PIL (1/2019) that raised an alarming and important aspect based upon a media report on the alleged sexual and physical abuse in a children's home in Sivasagar in 2018.

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