POCSO cases: Supreme Court seeks response from states on appointment of 'support persons'

New Delhi, August 8

The Supreme Court has asked state governments to spell out their respective stand on appointment of 'support persons' for the victims of child sexual abuse as per National Commission for Protection of Child Rights (NCPCR) guidelines.

A 'support person' is a person assigned by the Child Welfare Committee (CWC) to render assistance to a child victim of sexual violence through the process of investigation and trial.

A Bench of Justice BV Nagarathna and Justice N Kotiswar Singh directed the states to file their compliance reports on implementation of the NCPCR guidelines framed in terms of its August 18, 2023 order in four weeks and posted the matter for hearing on October 22.

The order – which came on July 30 on a PIL filed by 'Bachpan Bachao Andolan' – was released on Thursday.

The NCPCR counsel had contended that the directions issued by the top court on August 18, 2023 were in the process of being implemented and the state governments, some of which have not responded, would have to respond.

The state governments will have to implement the Standard Operating Procedure (SOP)/Guidelines, which have been formulated by NCPCR and therefore, the response of the state governments regarding the implementation of the SOP/guidelines of NCPCR is crucial, he had submitted.

The top court had said true justice in cases of crimes against children can’t be achieved merely by apprehending the culprit or the severity of punishment meted out but by the support and security provided to the victim. It had directions on the appointment of support persons under the Protection of Children from Sexual Offences Act (POCSO) Act, 2012.

Directing the Centre and the NCPCR to frame guidelines on appointment of support persons under the POCSO Act, it had said the support and care provided through state institutions and offices is vital during this period.

Justice can be said to have been approximated only when the victims are brought back to society, made to feel secure, and their worth and dignity restored, it had noted.