New Delhi (Agency): The Supreme Court of India has underscored the importance of support, care, and security for victims in cases of crime
s against children, saying that justice is not achieved solely by punishing the culprit. The observation was made while issuing directions relating to the appointment of support persons under the Protection of Children from Sexual Offences (POCSO) Act.
Justices S Ravindra Bhat and Aravind Kumar stressed that in child crime cases, the initial trauma is aggravated by the lack of support and care in the following days. They stated, “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 bench went further to say that justice can only be considered as having been achieved when the victims are reintegrated into society, made to feel secure, and their worth and dignity restored. Without these aspects, justice would be an “empty phrase, an illusion.”
The observations were part of a hearing of a plea by NGO Bachpan Bachao Andolan, which highlighted the challenges faced by a survivor in a POCSO case in Uttar Pradesh.
The apex court identified the unfulfilled role of a “support person” under the POCSO Rules 2020, emphasizing that necessary steps must be taken to ensure that the POCSO Act and its mechanisms are functioning effectively.
Among the directions, the Supreme Court instructed the Uttar Pradesh Principal Secretary, Department of Women and Child Welfare, to convene a meeting within six weeks to evaluate capabilities regarding the support persons ecosystem. It also directed the Centre and the National Commission for Protection of Child Rights to file an affidavit on framing guidelines by October 4, 2023.
The court called for the preparation of a Standard Operating Procedure (SOP) for proper implementation of Rule 12 of the POCSO Rules 2020, including reporting the number of cases where support persons have been engaged.
Regarding the compensation for support persons, the bench stated that their remuneration “should be commensurate to the qualifications and experience” and comparable to those employed by the government or other government-run institutions.
The ruling highlights a significant shift in the perspective of child crime cases, emphasizing the comprehensive care and support system for victims. It calls for strict implementation of existing laws and recognition of the victim’s dignity and well-being, beyond the legal process.