IMPORTANT POINT
Directions issued for better implementation of the Act.

JUDGMENT

Dipak Misra, CJI.

The instant Writ Petition initially raised two issues, first, the treatment of an eight month old female child who had become a victim of a crime committed under the Protection of Children from Sexual Offences Act, 2012 (for brevity, ‘the POCSO Act’) and the second, speedy trial and monitoring of the trials under the POCSO Act in a child friendly court regard being had to the letter and spirit of the provisions contained in the said Act.

2. The first prayer was dealt with vide orders dated 31st January, 2018, 1st February, 2018 and 12th March, 2018. It is necessary to note here that regard being had to the health condition of the child, a team of doctors from the All India Institute of Medical Sciences (AIIMS) was sent to visit the patient at Kalawati Saran Children Hospital. That apart, a direction was issued to the authorities of the Delhi State Legal Services Authority to accompany the team of doctors.

3. A team of doctors along with the competent authority of the Delhi State Legal Services Authority examined the victim and submitted a report. The relevant part of the report reads as follows:

“Examination revealed 8 month old female infant alert and active, sharing bed with another girl child. She was breast feeding with normal vital signs (HR 120/min, Respiratory rate 32/min, no distress, saturation 98% on room air, temperature 36.8 C). Her weight was 5.6 kilogram and physical appearance looks normal. Systemic examination did not reveal any abnormality. The operated perineal would was looking normal and the colostomy was healthy.

Overall the child looks stable and recouping following surgery. The surgical wound will need regular aseptic dressings and further management will be done as per need. In view of providing holistic care, the team felt that the child may be shifted to AIIMS under care of Pediatrics Surgery, Pediatrics & Obstetrics Department with support from Psychiatry (for parenteral counseling). Team talked to family (Father & Mother) took consent for transfer of child under care by AIIMS team which they agreed but were worried and concerned about child’s health. Father was counseled and given assurance for providing best care. Being less than one year age all medical expenses will be exempted at AIIMS under Janani Shishu Suraksa Yojana of Government of India.”

4. Be it stated, the Member Secretary of the Delhi State Legal Services Authority filed a status report which mentions that the child had been shifted to AIIMS for better treatment. That apart, the Member Secretary stated thus:

“That, in the instant case as per report received from DLSA concerned it has stated that vide order dated 30.01.2018 by the Court of Ld. Additional Sessions Judge, Rohini Court an interim compensation of Rs.75,000/has been awarded in accordance with Delhi Victim Compensation Scheme, 2015. After completion of necessary formalities i.e. bank account etc. the amount of the said interim compensation would be disbursed immediately through RTGS.

That, it is submitted that DLSA Secretary, NorthWest has also visited at Kalawati Saran Hospital and met the parents of the child in the morning of 31.01.2018 and apprised them of their legal rights qua Delhi Witness Protection Scheme, 2015, Delhi Victim Compensation Scheme, 2015 etc. It is also submitted Legal Services Advocate of DLSA has been appointed for providing legal aid in the matter.”

5. On 12.03.2018, when the matter was listed, it was submitted by Ms. Pinky Anand, learned Additional Solicitor General, that the victim child had been discharged from AIIMS but she was required to undergo another surgery which had been fixed for 17th April, 2018.

6. As far as the child in the instant case is concerned, we have been apprised that she has undergone a second surgery and she is presently stable. Ms. Pinky Anand, learned Additional Solicitor General, would submit that if any medical assistance is required and the same is brought to her notice, proper care shall be prov