Rise In Sexual Offences Against Children Serious: Madhya Pradesh HC Initiates Suo Motu PIL, Questions Centre/State On POCSO Act Implementation

Taking into account the "substantial growth of sexual offences against children below the age of 18 years" in the state, the Jabalpur bench of the Madhya Pradesh has initiated a suo-moto PIL to enquire from the Central as well as the State Governments as to what steps have been taken on the implementation of the POCSO Act. A division bench of Chief Justice Suresh Kumar Kait and Justice Vivek Jain expressed their concern over the large number of trials that are pending in various Special Courts established under the POCSO Act in the state and a total of 14531 Criminal Appeals pending in all three Benches of the High Court. “In most of the cases, we found that the age of the victim/child/girl is between 16 to 18 years and the age of the offender is 19 to 22 years. In our opinion, this is a serious issue and threat to the future of the youth of the country,” the Court said. The Court highlighted that the reason for substantial growth of crime of this nature is "lack of awareness" about the provisions of the POCSO Act. The court further mentioned Section 43 of the POCSO Act which casts a duty upon the Central Government and every State Government to take every measure to ensure that the provisions of the Act are given wide publicity through media including the television, radio and print media at regular intervals to make the general public, children as well as their parents and guardians aware of the provisions of this Act. It further provides that the concerned persons including the police officers are imparted periodic training on the matters relating to the implementation of the provisions of the Act. Also, Section 44 provides monitoring of the implementation of the POCSO Act by the National Commission for Protection of Child Rights and the State Commission for Protection of Child Rights. Thereafter, the court said, “We are taking this matter suomotu in order to enquire from the Central Government as well as the State Government of Madhya Pradesh as to what steps have been taken under Sections 43 and 44 regarding the implementation of the POCSO Act and the rules made thereunder.”The court has issued notice to the Union of India through Secretary Ministry of Women and Child Development Department, the State's Chief Secretary, Principal Secretary, Women and Child Development Department, the state's Director General of Police National Commission for Protection of Child Rights and State Commission for Protection of Child Rights, M.P. (if established)The court has directed the respondents to file their reply within four weeks as to what steps have been taken by them to control the offences under Sections 43 and 44 of the Act, 2012. Case Title: In Reference (Suo Moto) vs. Union of India and OthersClick Here To Read/Download The order

Rise In Sexual Offences Against Children Serious: Madhya Pradesh HC Initiates Suo Motu PIL, Questions Centre/State On POCSO Act Implementation

Anukriti Mishra

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