BACHPAN BACHAO ANDOLAN versus UNION OF INDIA & ORS.

BACHPAN BACHAO ANDOLAN versus UNION OF INDIA & ORS.

The POCSO Rules, 2020 create a legal entitlement to a support person whose role includes accompanying and assisting the child through investigation, medical examination, recording of statements, depositions and court proceedings, providing information and psychosocial support, and monitoring; the State must operationalise this entitlement by framing state-level rules/guidelines under Section 39, empanelling and training support persons, instituting reporting and monitoring mechanisms, and ensuring adequate remuneration; specific directions were issued to the State of Uttar Pradesh and to NCPCR/Union to ensure compliance and reporting.

Parties
Petitioner: Bachpan Bachao Andolan; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
18 August 2023
Procedural Posture
Writ Petition (civil) No. 427 of 2022 Under Article 32 / Judgment Dated 18.08.2023
Outcome
Directions issued to State of Uttar Pradesh, NCPCR and Union for implementation, monitoring and reporting regarding support persons under POCSO Rules, 2020
Legal Topics
Support Person Under POCSO Rules, 2020, Implementation and Monitoring of Rules, Entitlements Under Form a, Training, Empanelment and Remuneration of Support Persons, State Level Guidelines Under Section 39 of POCSO Act
Protection of Children From Sexual Offences Act, 2012 (pocso) Child Rights Juvenile Justice Criminal Procedure Support Person Under POCSO Rules, 2020 Implementation and Monitoring of Rules Entitlements Under Form a Training, Empanelment and Remuneration of Support Persons +1 more

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Parties

Bachpan Bachao Andolan

Petitioner

Union of India & Ors.

Respondent

Procedural Posture

Writ Petition (civil) No. 427 of 2022 Under Article 32 / Judgment Dated 18.08.2023

Legal Issues

  1. 1 What is the role and responsibility of a 'support person' under the POCSO Rules, 2020?
  2. 2 Whether the State is required to frame rules/guidelines and ensure implementation, training, empanelment and remuneration for support persons as envisaged under POCSO Rules and Section 39 of the Act
  3. 3 Mechanisms for monitoring implementation of POCSO Rules including reporting by CWCs and SCPCR/NCPCR

Ratio Decidendi

The POCSO Rules, 2020 create a legal entitlement to a support person whose role includes accompanying and assisting the child through investigation, medical examination, recording of statements, depositions and court proceedings, providing information and psychosocial support, and monitoring; the State must operationalise this entitlement by framing state-level rules/guidelines under Section 39, empanelling and training support persons, instituting reporting and monitoring mechanisms, and ensuring adequate remuneration; specific directions were issued to the State of Uttar Pradesh and to NCPCR/Union to ensure compliance and reporting.

Court Disposition

Directions issued to State of Uttar Pradesh, NCPCR and Union for implementation, monitoring and reporting regarding support persons under POCSO Rules, 2020

Orders

  • Principal Secretary, Department of Women and Child Welfare, Uttar Pradesh to convene a meeting within six weeks to review facts and frame rules/guidelines regarding support persons, including selection, appointment, empanelment, training, career advancement and terms and conditions of employment as required under...
  • Require presence at the meeting of Chairperson SCPCR, Secretary State Legal Services Authority, senior-most President of a JJB, senior-most Chairperson of a CWC in the state, and a representative from the State Commission for Women.