In a case of offence under the Protection of Children from Sexual Offences Rules, 2012, Supreme Court's judgement in Writ Petition (C) no.3 of 2023 etc and a criminal appeal has directed the Court's Registry "to forward copies of this judgment to the Secretaries of Law and/or Justice Departments of all the States and Union Territories. The Secretaries shall convene meetings of the Secretaries of the concerned departments and other senior officials. The object of holding such meetings is to ensure that appropriate directions are issued to all concerned to strictly implement the provisions of Section 19(6) of the POCSO Act and the relevant provisions of the JJ Act, which we have elaborated above. The State/Union Territories must create machinery to do so. The State/Union Territories shall also assist the victims in getting the benefits under the scheme of the Government of India and the scheme of NALSA, which we have referred to above. In the meetings, the issue of framing Rules by the States to give effect to the provisions of Section 46 of the JJ Act, shall also be considered. The Secretaries shall forward the compliance reports to the Secretary of the Ministry of Women and Child Development, Government of India, within a period of two months from today. The Secretary of the Ministry of Women and Child Development shall compile the reports and submit an exhaustive report before this Court within three months from today. A copy of this judgment shall also be forwarded to the Secretary to the Ministry of Women and Child Development, Government of India." It has underlined that providing "information of the commission of offence under the POCSO Act, as required by Section 19(6) of the POCSO Act, is not an empty formality."
Section 19 deals with reporting of offences. Section 19(6) reads: "The Special Juvenile Police Unit or local police shall, without unnecessary delay but within a period of twenty-four hours, report the matter to the Child Welfare Committee and the Special Court or where no Special Court has been designated, to the Court of Session, including need of the child for care and protection and steps taken in this regard."
Section 46 of Juvenile Justice (Care and Protection of Children) [JJ]Act, 2015 a salutary provision that provides that any child leaving child care on completion of eighteen years of age may be provided with financial support to facilitate re-integration into the mainstream of society in the manner as may be prescribed by law. It reads: “After care of children leaving child care institution.— Any child leaving a child care institution on completion of eighteen years of age may be provided with financial support in order to facilitate child’s re-integration into the mainstream of the society in the manner as may be prescribed.”
“After care” has been defined in Section 2(5) of the Juvenile Justice (Care and Protection of Children) Act. It is a provision for financial or otherwise support to persons in the age group of 18 to 21 years. Section 46 and Rules under it are the most critical provisions that needs to be effectively implemented. The Juvenile Justice (Care and Protection of Children) Act Act has adequate provisions to ensure the care, protection, treatment, and rehabilitation of the victim of an offence under the POCSO Act. The ultimate object is to integrate the child in need of care and protection into society to lead a dignified and meaningful life.
The Court examined the failure of the State which is under an obligation to take care of the victim of an offence under the POCSO Act. The State also has constitutional obligations to take care of such victims. The existing law of the land takes adequate care of the victim. If a child is residing with a person who has injured, exploited or abused the child or has violated any other law for the time being in force meant for the protection of the child, the said child becomes a child in need of care and protection. Thus, if a child who is a victim of an offence under the POCSO Act is residing with the accused, the child becomes a child in need of care and protection.
The judgement was delivered on August 20, 2024 by the Division Bench of Justices Abhay S. Oka and Ujjal Bhuyan. The Court set aside the judgement of the Calcutta High Court and restored the judgement of the Trial Court. It was authored by Justice Oka.
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