Suo Motu Case On MP Govt's Alleged Failure To Support POCSO Survivor's Education: High Court Seeks Response On Support Measures For Rape Victims

In a matter related to the plight of a POCSO victim who is struggling to make the state government bear her educational expenses, Madhya Pradesh High Court has allowed four weeks for the Advocate General to give further clarifications about the Scheme applicable to minor pregnant rape victims and the recourse available for rape victims over 18 years.

The Division Bench comprising Chief Justice Ravi Malimath and Justice Vishal Mishra initially acknowledged the copy of the 'Scheme for Care and Support to the Victims under Sections 4 and 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012' placed on record by the Advocate General.

AG also submitted that a copy of the Scheme was forwarded to the State Government by the Central Ministry of Women & Child Development on 30.11.2023. Immediately after that, the State circulated copies of the scheme to all District Collectors. AG submitted that the interests of POCSO victims are squarely covered by the Scheme under the POCSO Act.

However, the court pointed that the aforementioned scheme is only meant to ensure integrated care and support for the minor pregnant girl child victims under one roof. The scheme does not contemplate the rape victims who are over 18 years, the court added.

“…Keeping in mind the ghastly acts of rape that are committed, we are concerned with the victims of rape irrespective of their age. However, learned Advocate General submits that necessary material and further submissions will be made by the next date with regard to the same”, the bench sitting at Jabalpur noted in the order. The next tentative posting date for the matter is 01.04.2024.

The Scheme in question is centrally funded from the NIRBHAYA fund. The Scheme also provides for services like long-term rehabilitation in terms of access to education and vocational courses, police assistance, legal support, health insurance coverage and other medical benefits.

Background

Taking note of a Times of India news report, the Indore Bench of Madhya Pradesh High Court had taken suo moto cognizance of the issue on 02.02.2024. The court then lamented about the pitiable state of the survivor who was only seven years old at the time of the unfortunate incident in 2017. The court had then instructed the Government Advocate to bring it to the attention of the Chief Secretary, Government of Madhya Pradesh, Principal Secretary of the Department of School Education, and the Collector. Notice was also issued to the concerned school, i.e., Vidyasagar School, Pragati Vihar, Bicholi Mardana.

Later, on 06.02.2024, the matter was placed before the Division Bench comprising of the Chief Justice at the Principal Seat of Jabalpur for further hearing. On 09.02.2024, the court had castigated the state government for seeking adjournments to file affidavit even though the matter was a public interest litigation. On 15.02.2024, upon the state seeking adjournment yet again, the court directed the Indore District Collector, the State's Chief Secretary and the Principal Secretary (Department of School Education) to each deposit a sum of Rs.25,000/- to the Registry of this Court from their personal funds.

On 20.02.2024, the state had submitted that various enactments are capable of aiding the survivor in this case. The Advocate General also informed the court that various money deposits have been made by the state in the name of the victim and her family. Such details will be reflected in the affidavit to be filed by the state, AG had submitted back then.

According to the news report that led to the court's intervention, the survivor and her elder sister were admitted to a private school in Indore by the government in 2018. The school recently sent a Rs 14 lakhs dues notice to the Indore collector and District Education Department, with a copy sent to the family for 'information'. Despite the then Chief Minister Shivraj Singh Chouhan's announcement that the state would cover her educational expenses, the school claims it has not received any payment since 2019.

Advocate General Prashant Singh with Additional Advocate General Shri H.S. Ruprah represented the respondent state authorities.

(With Inputs from Bhavya Singh)

Case Title: In Reference (Suo Moto) v. The State Of Madhya Pradesh & Ors.

Case No: Writ Petition No. 2816 of 2024

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