Gauhati High Court Notifies Directions To Mandate Production Of Child Abuse Victim Before Child Welfare Committee U/S 19(6) Of POCSO Act

The Gauhati High Court recently issued a Notification pursuant to the directions of the Supreme Court in In Re: Right to Privacy of Adolescents, Suo Moto Writ Petition (C) No. 3/2023 (para 35), wherein the Apex Court had observed that at grassroots level, Section 19(6) of the POCSO Act is not being implemented

The Notification which shall come into effect immediately, reads as follows:

1. The Special Court (POCSO) or the jurisdictional Sessions Court [where there is no Special Court (POCSO)], on receiving information from the police under Section 19 (6) of the POCSO Act, 2012, that an offence has been committed under the said Act and that the victim is in need of care and protection, shall forward the information to the jurisdictional Child Welfare Committee (CWC) without delay for the rehabilitation of the child victim besides directing the police to produce the victim before the jurisdictional CWC.
2. On coming to a finding that the Special Juvenile Police Unit has failed to report that the victim is in need of care and protection and to produce him/her before the CWC, the Special Court (POCSO) or the jurisdictional Sessions Court [where there is no Special Court (POCSO)], shall report the matter to the Superintendent of Police of the concerned district, who shall then ensure compliance.
3. On coming to a finding that the CWC has failed to act to properly rehabilitate the victim, the Special Court (POCSO) or the jurisdictional Sessions Court [where there is no Special Court (POCSO)], shall report the matter to the District Commissioner of the concerned district, who shall then take steps for getting the victim rehabilitated as per the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015, and the POCSO Act, 2012.
4. The Special Courts shall ensure mandatory compliance of Rule 4 (10) of POCSO Rules, 2020 by the Special Juvenile Police Unit viz., “where a support person has been provided to the child the SJPU or local police shall, within 24 hours of making such assignment, inform the Special Court.”
5. If it comes to the knowledge of the Special Court that a child against whom an offence has been committed is residing with the accused person, the Special Court will immediately apprise the CWC and direct the latter to take appropriate steps for rehabilitation of the child.
6. The Special Court will call for annual reports, preferably in the month of January, from the CWC pertaining to the present residence and status of rehabilitation of children against whom offence has been committed and for whom care and protection is provided under Section 19 (5) of the POCSO Act.

Click Here To Read/Download Notification