Karnataka High Court Issues Directions For Effective Implementation Of POCSO Act

A division bench of Justice B V Nagarathna and Justice M G Uma, while deciding a reference noted that "No doubt, in the State of Karnataka, additional Courts have been set up, but the requisite infrastructure, including the child witness room and other procedural requirements mandated under the Act for establishing a child friendly Court have to be complied with by the State Government."

Accordingly it issued the following directions:

# State government to take steps for setting up of the requisite number of Special Courts to try cases under the POCSO Act.

# State government is directed to provide the necessary infrastructure and manpower for the

Special Courts under POCSO Act.

# The appointment/posting of exclusively trained prosecutors to handle the cases before the Special Courts under the provisions of the POCSO Act shall be made forthwith wherever

such prosecutors are not yet appointed.

# A dedicated unit is set up in every District Hospital to attend to the child victim and provide proper medical facilities and whenever necessary referral to a private hospital be permitted.

# The State Government is also directed to make available mental health professionals to every child to overcome the trauma and for rehabilitation and reintegration, the cost of which is to be borne by the State.

# The State government is also directed to appoint adequate support persons to the child victims and to conduct a study, whether, they are discharging their duties effectively and take immediate measures as per the recommendations of the study.

#Presiding Officers of all Special Courts to comply with Section 35 of the POCSO Act in the matter of recording of evidence of the victim child and the conclusion of the trial within the time stipulated under the said provision so that the justice delivery system does not in any way contribute to the trauma, mental disturbance and anxiety of the victim child, which could lead to severe impact on the behaviour and personality of the Child.

The court said "The aforesaid directions should be complied with on a timely basis, lest the object and purpose of the POCSO Act stands diluted on account of the non-implementation of the provisions of the POCSO Act in its true letter and spirit by the State and other stake-holders.