IMPORTANT POINT
In crimes against children, true justice is achieved not merely by nabbing culprit and bringing him to justice, or severity of punishment meted out but support, care and security to victim.

JUDGMENT :

S. RAVINDRA BHAT, J.

1. The enactment and bringing into force of The Protection of Children from Sexual Offences Act, 2012 (hereafter ‘Act’ or ‘POCSO Act’) was not merely in furtherance of this country’s commitment to international instruments, but its resolve to and attempt at creating a world as secure and as free from fear, for the most innocent and vulnerable section of its citizens, i.e., children and young adults. Behaviour-physical, verbal, and non-verbal, ranging from what discomfits a child to as horrifying as rape and physical sexual abuse have been criminalized. Special mechanisms to provide access to the justice delivery system, and ensure speedy justice, have been devised. Yet, a society’s commitment to such a cause does not cease by mere enactment of any law, but its willingness, and those governing and administering it, to create and ensure effective overall frameworks which support and strengthen its institutions.

2. The present writ petition, arose from the strife caused to an individual victim in her painstaking struggle for justice while navigating the police, investigation stage, and court processes, for the prosecution of an offence under the POCSO Act. At numerous stages, she was revictimized, and faced severe hardships; the issues arising from the individual case, have been dealt with by way of continuing mandamus, wherein this court through a series of orders has monitored the aspects requiring special attention. During those proceedings, it was noticed that the role of a ‘support person’ as envisaged¹[Introduced first in the Protection of Children from Sexual Offences Rules, 2012 which has since been repealed and substituted by the far more detailed Protection of Children from Sexual Offences Rules, 2020.] in the Protection of Children from Sexual Offences Rules, 2020 (hereafter ‘POCSO Rules, 2020’), despite being a progressive step – remains unfulfilled, or is given effect to, in a partial or ad-hoc manner, thus limiting its positive potential in offering support to victims and their families.

3. From the point of registering an FIR/complaint under the POCSO Act, the victim and their family are required to interact with the police machinery, medical officers and hospitals, the Magistrate, Special Court and/or Juvenile Justice Board (hereafter ‘JJB’), the concerned Child Welfare Committee (hereafter ‘CWC’), and other stakeholders – which in itself can be daunting and overwhelming (over and above the already traumatic experience of the crime itself), often dissuading them from pursuing the case altogether. Noticing the need for support at various stages, the role of a ‘support person’ was institutionalised in the POCSO Rules, 2020, to fill this lacuna:

“2. Definitions.––(1) In these rules, unless the context otherwise requires,–

[…]

(f) “support person” means a person assigned by the Child Welfare Committee, in accordance with sub-rule (7) of rule 4, to render assistance to the child through the process of investigation and trial, or any other person assisting the child in the pre-trial or trial process in respect of an offence under the Act;

4. Procedure regarding care and protection of child.–

[…]

(8) The CWC, on receiving a report under sub-section (6) of section 19 of the Act or on the basis of its assessment made under sub-rule (5), and with the consent of the child and child’s parent or guardian or other person in whom the child has trust and confidence, may provide a support person to render assistance to the child in all possible manner throughout the process of investigation and trial, and shall immediately inform the SJPU or Local Police about providing a support person to the child.

5. Interpreters, translators, special educators, experts and support persons.–

[…]

(6) Support person may be a person or organisation working in the field of child rights or child protection, or an official of a children’s home or shelter home having custody of the child, or a person employed by the DCPU:

Provide