Bachpan Bachao Andolan’s PIL for Lalitpur Case: Supreme Court Directs the UP Government and Centre to enforce Robust Child Protection Mechanism

On a writ petition filed by Bachpan Bachao Andolan (BBA) founded by Nobel Peace Laureate Kailash Satyarthi on August 2022, relating to the infamous gang-rape case of a 13-year old girl in Lalitpur, Uttar Pradesh, The Supreme Court has directed the Uttar Pradesh Government that a committee of all the stakeholders should be constituted for monitoring and framing of guidelines mandated under POCSO Act and Rules. The bench constituted Justice S Ravindra Bhatt & J Arvind Kumar.

The Supreme Court further directed the State of UP to collect the list of support persons with their education qualifications and number of cases in which they have been appointed until now. The order further emphasized on periodical training of the support persons along with a framework on qualifications of the support persons. The remuneration of the support persons should also be decided as per their skills and experience which should be borne in mind by the State Government. It was also stated that that District Child Protection Unit to share a list of names for support persons who belong to child protection organizations. The order further stated that a Standard operating procedure to ensure proper implementation of the rule 12 of pocso for reporting by the respective child welfare committees should be done. Besides, the Hon’ble Court directed Ministry of Women & Child Development to frame nationwide guidelines on modalities of Support Persons before 4th October. All relevant stakeholders like NCPCR and MWCD to also ensure strict compliance of POCSO Act and Rules along with section 39 read with rule 12 (1)(c).  The support persons also need to remunerated as a skilled worked as written in Minimum Wages Act ,1948. The order also stated that the availability of services of a support person is not merely a directory or suggestive – but a legal entitlement. While this framework created by the Rules, in furtherance of supporting victims of child abuse under the POCSO Act, is truly laudatory, it also requires proactive action from the State to shore up infrastructure and train human resources, accordingly – to bridge the gap between this entitlement on paper, and on-ground reality.

Lastly the order stated that, in crimes against children, it is not only the initiating horror or trauma that is deeply scarring; that is aggravated by the lack of support and handholding in the days that follow. In such crimes, true justice is achieved not merely by nabbing the culprit and bringing him to justice, or the severity of punishment meted out, but the support, care, and security to the victim (or vulnerable witness), as provided by the state and all its authorities in assuring a painless, as less an ordeal an experience as is possible, during the entire process of investigation, and trial. The support and care provided through state institutions and offices is vital during this period. Furthermore, justice can be said to have been approximated only when the victims are brought back to society, made to feel secure, their worth and dignity, restored.

BBA had filed a Writ Petition in Supreme Court of India under Article 32 in the year 2022 of the Constitution of India in public interest highlighting the rampant failure of the State Authorities to implement the provisions of child friendly and child protection legislations since the cases of sexual abuse are going unabated and legal rights of the victims are compromised. It also highlighted the agony of a Dalit minor girl who was brutally gang raped and for 5 months the First Information Report was not registered in Lalitpur, Uttar Pradesh. After around 5 months of the first incident, she was gang raped again by the same offenders and when she approached the Police Station to lodge the FIR, not only the Police Department failed to perform its cardinal duty to register an FIR, but also traumatized and re-victimized the victim as the SHO raped her within the premises of Police station.

Bhuwan Ribhu, Noted Supreme Court Lawyer and Activist said, “Only around 2 per cent of POCSO cases resulted in conviction in 2021, as per NCRB data. Seen in this context, this is a landmark judgment to ensure access to justice for both the child victim of sexual abuse and the family. A support person who will provide mental health support, assist in medical aid, compensation, and prepare the child and the family through the criminal justice process will have a catalysing effect. It is imperative that this is followed in law and spirit across the country.”