Supreme Court Emphasises Importance Of “Support Persons” For Victims Under POCSO Act; Issues Guidelines

The Supreme Court on Friday(Aug 18), passed an order relating to the appointment of support persons under the POCSO Act and their qualifications. The Court issued directions for framing guidelines on their appointment.

It is pertinent to note that POCSO Rules, 2020 define a ‘support person’ as “someone assigned by a child welfare committee to render assistance to a child during the process of investigation and trial, or any other person assisting a child pre-trial or during the process of a trial pertaining to the offenses under the POCSO Act, 2012.”

The  bench comprising Justices S Ravindra Bhat and Justice Aravind Kumar was hearing a petition filed by Bachpan Bachao Andolan which had raised issues related to protection provided to victims under the Protection of Children from Sexual Offences (POCSO)

The court's order revolves around the appointment and qualifications of support persons, focusing on their critical role in guiding and aiding victims through the complex legal process.

"A support person is to provide information, emotional and psychological support, and practical assistance which are often crucial to the recovery of the child. This can go a long way in helping them cope with the aftermath of the crime and with the strain of any criminal proceedings – in many ways a support person, acts as guardian ad litem for the child", the Court observed.

The support person is responsible for accompanying the child during recording of statement, medical examination, depositions, and to assist in all other interactions at the investigation, pre-trial, and trial stage. However, the mandate for a "support person" as envisaged under the POCSO Rules, remain unfulfilled. The Court noted that a report submitted in the case Alarming Rise in the Number of Reported Child Rape Incidents, In re in 2019 showed that support person has been appointed only in 4% of POCSO cases.

In this backdrop, the Court issued the certain directions to the State of Uttar Pradesh(since the case was relating to an incident in UP). Furthermore, the Ministry of Women and Child Development has been entrusted with the task of notifying the National Commission for Protection of Child Rights (NCPCR) about the judgment and its obligations. NCPCR is also required to file a status report to the Court outlining the progress of all the States in framing guidelines as per Section 39 of the POCSO Act. 

The Court directed that , in furtherance of the mandate of Section 39 of the POCSO Act , the Principal Secretary to the Department of Women and Child Welfare, in the State of Uttar Pradesh shall convene a meeting within the next six weeks to review the facts, take action, and frame rules/guidelines as necessary.

Key Directives by the Supreme Court include-

1. Comprehensive Assessment of Support Persons Ecosystem: The state is required to assess its capabilities regarding the support persons ecosystem, including aspects related to their selection, appointment, specialized rules, guidelines, Standard Operating Procedures (SOPs), training, career progression, and employment terms.

2. Participation of relevant authorities for such assessment: “For carrying out such assessment, the presence of the Chairperson, of the State Commission for the Protection of Child Rights (SCPCR), Secretary, State Legal Service Authority, senior-most President of a JJB and senior-most Chairperson of a CWC in the state, and a representative from the State Commission for Women shall be required.” the court outlined.

3. Data Collection from District Child Protection Unit: The District Child Protection Unit (DCPU) is required to provide details about the support persons it maintains according to Rule 5(1). This list should encompass individuals or organizations engaged in child rights or protection, officials of children’s homes or shelter homes, and other eligible individuals per Rule 5(6).

4. Guidelines and Training: Following consultations, rules or guidelines must be established concerning the educational qualifications and training prerequisites for support persons.

5. Periodic Training of all personnel: The directives emphasize that the DCPU or CWC must organize periodic training sessions for all support persons in their directory. This training should cover not only legal and court procedures under the POCSO Act but also effective communication and sensitivity in dealing with children of diverse backgrounds.

6. Reporting Mechanism Establishment: The Authorities are mandated to establish a robust and effective reporting mechanism. This will enable support persons to send monthly reports to the concerned Child Welfare Committee (CWC) as per Rule 4(12). These reports will then be compiled and submitted to the SCPCR and the state government.

7. Standard Operating Procedure (SOP): The Court emphasized the creation of an SOP to guide the reporting process to ensure the proper execution of Rule 12 of the POCSO Rules, 2020. It will facilitate reporting by respective CWCs, including the engagement of support persons in trials and inquiries. A monthly review of this information by the SCPCR is also mandated. This SOP should be shared with Juvenile Justice Boards and Child Welfare Committees to ensure uniformity in response.

8. Role of Support Persons: The court recognized the challenging nature of victim interactions, especially in hostile environments.

9. Remuneration of Support persons to be commensurate with Qualification and Experience: While the rules stipulate payment for support persons akin to skilled workers, the Supreme Court has highlighted the need for remuneration to be aligned with qualifications and experience. The court explained, “For example- someone who’s done his MA in psychology- their Salaries should be like a person with a comparable qualification in PSU/govt sector.”

10. Model Guidelines and Precedent Consideration: “For framing of guidelines, Model guidelines prepared prior to POCSO rules may be considered,” the court said.

11. Comprehensive Victim Support: The Supreme Court observed that justice transcends apprehending the culprits; it is equally important to ensure victims receive proper care, support, and security throughout the entire legal process.

It observed that “In cases of Crimes against women, justice is not served merely by nabbing the culprit but the support care and security to the victim by the state during entire process”.

12. Role of Support Institutions: Stressing the vital role of support institutions, the court emphasized that true justice is achieved when victims are reintegrated into society with their dignity and worth restored.

13. State's Responsibility for Implementation: After the establishment of POCSO Rules, 2020, it falls to the state to be the main stakeholder in ensuring the strict implementation of these directives.

In its concluding remarks, the Supreme Court directed the concerned authorities to file a status report by October 4, 2023.

Case title: Bachpan Bachao Andolan v. Union of India

Citation : 2023 LiveLaw (SC) 667

Counsel for the petition : AOR Jagjit Singh Chhabra

Click here to read the judgment