Guwahati High Court Issues New Guidelines for Child Protection under POSCO Act

It is on this premise that the Guwahati High Court in Assam has issued detailed guidelines to implement the Protection of Children from Sexual Offences (POCSO) Act, 2012 in a better manner. These rules aim to enhance the child-friendliness and effectiveness of the legal process while interest in children’s safety and well-being in the state continues to rise from safety to judicial and social welfare actors.

The POCSO Act Explained

The Protection of Children from Sexual Offences (POCSO) Act, 2012 is a completely comprehensive and intricate regulation, framed for the safety of youngsters from crimes of sexual attack, sexual harassment and pornography. It describes numerous varieties of sexual abuse — sexual assault; sexual harassment; involvement in pornography and sets forth a system for protection of kids from such crimes. It also has provisions for the establishment of Special Courts for summary trial of such offences and provides for caring and protection of child victims and witnesses during the course of trial.

New Guidelines from the Guwahati High Court

Recently, the Gauhati High Court gave directions to the Special Court for POCSO cases or the Sessions Court in the absence of a Special Court to perform the following actions to assist victims of offenses under the Protection of Children from Sexual Offences (POCSO) Act, 2012. The key objective is to preserve the rehabilitation of victims.

These orders are in line with the guidelines emanating from para-35 of the judgment of the Supreme Court dated August, 20, 2024. This judgment emerged from a action taken by the Supreme Court itself, titled Suo Moto Writ Petition (C) (No. 3/2023).

In cases where an offence under POCSO Act is committed and there is a need for care and protection of the child victim, any information received from the police must be forwarded by the Special Court or Sessions Court expeditiously to the local Child Welfare Committee, stated by the notice issued by the High Court. This is important for the child rehabilitation process. And the police should be directed by the court to produce the victim before the Committee, without wasting time.

On current discovery that the unique Juvenile Police Unit has no longer pronounced whether or not the sufferer is in need of care and safety and has no longer therefore produced him/her before the Child Welfare Committee, the POCSO court, or the jurisdictional periods court room, shall report the problem to the Superintendent of Police of the District involved, who shall make sure compliance.

And on the finding that the Child Welfare Committee has not but acted properly for rehabilitation of the victim, the POCSO courtroom or the periods courtroom concerned shall report the problem to the District Commissioner of the District concerned, who shall take steps to rehabilitate the sufferer as in keeping with the provisions of Juvenile Justice (Care and protection of Children) Act, 2015, and the POCSO Act 2012. The POCSO Courts also are directed to make sure that the unique Juvenile Police Unit mandatorily complies with Rule 4 (10) of the POCSO regulations, 2020.

Furthermore, if the POCSO Court comes to know that a child, against whom offence has been committed, is residing with the accused person, the Court shall inform the Child Welfare Committee immediately and shall issue directives to the latter to take necessary steps for rehabilitation of child.

The POCSO Court has to requisition reports on annual basis preferably in the month of January from the Child Welfare Committee about the current whereabouts and rehabilitation status of the children against whom an offence is committed and for whom care and protection is afforded under section 19 (5) of POCSO Act.

Impact on Child Protection

The new rules are expected to overhaul the way child protection cases will be handled in Assam. Ultimately, the goal of these laws is to make the court process less intimidating and more supportive for child victims, thereby minimizing their stress and trauma. There’s a need for quick trials and keeping the identity of the child a secret so that justice can be done and their dignity shall be protected.

Addressing their emotional and psychological needs in such cases is crucial for the well-being of child victims, which is why is critical to include trained professionals and provide comprehensive support. With the cooperation of NGOs, this project would create a stronger and more responsive child protection system.

Conclusion

Guwahati High Court guidelines is a positive step for legally sound child rights and for the protection of framework in Assam They reflect an increasing dedication to protecting our children, or at least their rights, and suggest a more multifaceted policy to combating sexual offenses against the most vulnerable members of our society. These rules which when enforced and observed, can help to make the state a safer and just place for children and further lead as an example for the other courts in India.

It is a shared responsibility to protect children from sexual crimes. The success of these rules, in turn, hinges on the collective actions of all the stakeholders from the courts, police, NGOs to the community. Together they can better help create a world in which every child is safe and supported.

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