PIL For Strict Compliance Of Section Mandating Public Awareness Of POCSO Act: Madhya Pradesh HC Grants Centre 2 Weeks To File Response
While hearing a PIL seeking strict compliance of Public Awareness of POCSO Act, the Madhya Pradesh High Court granted two weeks to the Central Government to file their response, failing which, the response will be accepted but along with a cost of Rs. 10,000. A division bench of Chief Justice Suresh Kumar Kait and Justice Vivek Jain observed, “Further two weeks' time is granted to...
While hearing a PIL seeking strict compliance of Public Awareness of POCSO Act, the Madhya Pradesh High Court granted two weeks to the Central Government to file their response, failing which, the response will be accepted but along with a cost of Rs. 10,000.
A division bench of Chief Justice Suresh Kumar Kait and Justice Vivek Jain observed, “Further two weeks' time is granted to the respondent Nos.1 & 2 to file return to the present petition failing which same shall be accepted with cost of Rs. 10,000/- (Rupees Ten Thousand Only) to be deposited in favour of M.P. High Court, Legal Services Committee, Jabalpur.”
The PIL petition has been filed with an object of ensuring strict, meaningful and regularly monitored compliance of the statutory obligation contained in Section 43 POCSO Act.
Section 43 states that Centre and every State government will take all measures to ensure that the provisions of Act are given wide publicity through media including the television, radio and the print media at regular intervals to make the general public, children as well as their parents and guardians aware of the provisions of POCSO Act.
The plea alleged that since the commencement of the provisions of the Act neither the Central government nor the State government have taken any noticeable initiative for spreading awareness about the provisions of the act specially about the stringent punishment one can incur, the youth of tender age is falling prey to the harsh penal provisions of the act on account of their ignorance about the legal imperatives contained in the Act.
Thus, the petitioner prayed before the court to issue a writ of mandamus directing respondents to ensure that the mandate of Section 43 of the POCSO Act is complied with in its letter and spirit.
In its last order of January 9, the Court had issued notice to the National Commission for Protection of Child Rights and Madhya Pradesh State Commission for Protection of Child Rights in a Public Interest Litigation plea seeking strict and monitored compliance of Section 43 of the POCSO Act. In the said order, the Court had granted two weeks more time to the respondents to file a response to the petition.
The matter is listed after six weeks.
Case Title: Amitabha Gupta vs. Union of India & Ors, W.P. No. 24633/2024