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2023 Supreme(SC) 775

S. RAVINDRA BHAT, ARAVIND KUMAR
Bachpan Bachao Andolan – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
For the Petitioner:Jagjit Singh Chhabra, Advocate
For the Respondents:Rohit K. Singh, Monika Gusain, Swati Ghildiyal , K. Enatoli Sema, Ajay Pal, Aaditya Aniruddha Pande, Rajiv Kumar Choudhry , Aravindh S., Sabarish Subramanian, Shubhranshu Padhi, Pradeep Misra, Pukhrambam Ramesh Kumar, Vanshaja Shukla, Gaurav Agrawal, Abhinav Mukerji, Sandeep Kumar Jha, Abhimanyu Tewari, Arvind Kumar Sharma, Debojit Borkakati, Sameer Abhyankar, Nishe Rajen Shonker, Sahil Bhalaik, Advocates
For the Impleaders :K. Enatoli Sema, Pukhrambam Ramesh Kumar, Nishe Rajen Shonker, Mahfooz Ahsan Nazki, Sameer Abhyankar, Joseph aristotle S., Sandeep Kumar Jha, Ajay Pal, Abhinav Mukerji, Debojit Borkakati, Abhimanyu Tewari, Arvind Kumar Sharma, S. Udaya Kumar Sagar, Monika Gusain, Swati Ghildiyal , Pradeep Misra, Advocates

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 th


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