News Analysis India

Tag: POCSO Act

  • Instances of women misusing POCSO, SC/ST Act on the rise: Allahabad High Court

    Express News Service

    LUCKNOW: The Allahabad High Court has taken a strong exception on the rising instances of fake complaints and misuse of legal provisions under the Protection of Children from Sexual Offences Act (POCSO) Act and the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, better known as SC/ST Act, “to grab money” from the state.

    While granting bail to a man accused of committing sexual offences, Justice Shekhar Kumar Yadav observed: “…there are certain instances of false FIRs under the POCSO Act and the SC/ST Act lodged against innocent persons… It is very unfortunate that nowadays, in maximum cases, women are using it as a weapon just to grab money, which should be stopped.”

    Applicant Ajay Yadav had sought anticipatory bail in connection with a case crime that included allegations of offences under Sections 376 (rape), 313, 504, 506 IPC, and Section 3/4 of the POCSO Act. The alleged incident took place in Azamgarh district in 2011.

    The judge, in his order dated August 10, said: “…I think it is high time that the state and even the Union of India, became sensitive to this grave issue.”

    The court observed that if it was found that the complaint lodged by a victim was false, then criminal proceedings under the relevant provisions of the Criminal Procedure Code (CrPC) shall be initiated against the complainant after inquiry. The judge also directed that any financial compensation given by the state to the complainant should be recovered in case the complaint was found to be frivolous.

    The court further urged authorities to address this issue and ensure that genuine victims of sexual offences get justice.

    Appearing on behalf of the applicant, his counsel argued that he had been falsely implicated and that the incident never took place as alleged in the impugned FIR. He further highlighted certain inconsistencies in the victim’s statements and pointed out that the victim’s statement under section 164 CrPC indicated a level of “consent” to the physical relationship.

    LUCKNOW: The Allahabad High Court has taken a strong exception on the rising instances of fake complaints and misuse of legal provisions under the Protection of Children from Sexual Offences Act (POCSO) Act and the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, better known as SC/ST Act, “to grab money” from the state.

    While granting bail to a man accused of committing sexual offences, Justice Shekhar Kumar Yadav observed: “…there are certain instances of false FIRs under the POCSO Act and the SC/ST Act lodged against innocent persons… It is very unfortunate that nowadays, in maximum cases, women are using it as a weapon just to grab money, which should be stopped.”

    Applicant Ajay Yadav had sought anticipatory bail in connection with a case crime that included allegations of offences under Sections 376 (rape), 313, 504, 506 IPC, and Section 3/4 of the POCSO Act. The alleged incident took place in Azamgarh district in 2011.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });

    The judge, in his order dated August 10, said: “…I think it is high time that the state and even the Union of India, became sensitive to this grave issue.”

    The court observed that if it was found that the complaint lodged by a victim was false, then criminal proceedings under the relevant provisions of the Criminal Procedure Code (CrPC) shall be initiated against the complainant after inquiry. The judge also directed that any financial compensation given by the state to the complainant should be recovered in case the complaint was found to be frivolous.

    The court further urged authorities to address this issue and ensure that genuine victims of sexual offences get justice.

    Appearing on behalf of the applicant, his counsel argued that he had been falsely implicated and that the incident never took place as alleged in the impugned FIR. He further highlighted certain inconsistencies in the victim’s statements and pointed out that the victim’s statement under section 164 CrPC indicated a level of “consent” to the physical relationship.

  • Class 10 student falls to death in UP school; father claims principal asked her to come during vacation

    Express News Service

    LUCKNOW: A Class 10 student died under mysterious circumstances after she allegedly fell from the terrace of the school in Ayodhya on Friday.

    The UP Police have registered a case against three persons including the school manager Brijesh Yadav, principal Rashmi Bhatia, and PT teacher Abhishek Kannojia, invoking sections pertaining to gang rape, destruction of evidence, murder and also under the POCSO Act on the basis of the complaint lodged by victim’s father on Saturday.

    The police have already arrested the PT teacher and are investigating him. The body of the deceased was sent for autopsy examination which is being conducted by a panel of three doctors and the entire procedure is being videographed. 

    The incident happened at the Sunbeam School on Ayodhya-Rae Bareilly Road in the Cantt area of the temple town at around 8.45 am on Friday.

    According to the parents, the victim was called to school by the principal regarding an article for the school magazine even as the school was shut for summer vacations on Friday morning. 

    The victim, who used to live in the Usru locality left for school at 8:30 am.

    At around 10 am, the victim’s father Sanjeev Srivastava, an employee of a petroleum company, got a call from school authorities informing him that his daughter Ananya had fallen from a swing and had sustained serious injuries.

    Srivastava rushed to the hospital where his daughter Ananya was taken by the school authorities.

    After battling for her life the whole day, she succumbed to her injuries on Friday at 5 pm.

    Later the family approached the police authorities suspecting foul play with the dubious role of school authorities including the manager, principal and PT teacher.

    The parents alleged that the body of their daughter bore several injury marks on her hands, feet and hips. They claimed that her face was swollen and her eyes were injured which could be a result of an assault.

    The police scanned CCTV footage and found that the girl fell from the third floor. 

    Contradicting the school authorities’ claim, the victim’s father refused to accept that his daughter died after falling off a swing as it was only one-and-a-half feet high.

    According to police sources, the principal tried to mislead the family of the deceased by claiming that the death was due to falling from the swing.

    They added that the traces of blood were also removed from the place where the girl had allegedly fallen.

    Ananya’s mother Ruchi Srivastava a government council school teacher in Siddharthnagar was visiting her parents in Indore along with her younger daughter.

    The school principal Rashmi Bhatia remained incommunicado. CO City Shailendra Singh said that as per the CCTV footage, Ananya died after falling from the third floor of the school. Moreover, the spectacles and mobile of the deceased found on the spot were not broken.

    LUCKNOW: A Class 10 student died under mysterious circumstances after she allegedly fell from the terrace of the school in Ayodhya on Friday.

    The UP Police have registered a case against three persons including the school manager Brijesh Yadav, principal Rashmi Bhatia, and PT teacher Abhishek Kannojia, invoking sections pertaining to gang rape, destruction of evidence, murder and also under the POCSO Act on the basis of the complaint lodged by victim’s father on Saturday.

    The police have already arrested the PT teacher and are investigating him. The body of the deceased was sent for autopsy examination which is being conducted by a panel of three doctors and the entire procedure is being videographed. googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2′); });

    The incident happened at the Sunbeam School on Ayodhya-Rae Bareilly Road in the Cantt area of the temple town at around 8.45 am on Friday.

    According to the parents, the victim was called to school by the principal regarding an article for the school magazine even as the school was shut for summer vacations on Friday morning. 

    The victim, who used to live in the Usru locality left for school at 8:30 am.

    At around 10 am, the victim’s father Sanjeev Srivastava, an employee of a petroleum company, got a call from school authorities informing him that his daughter Ananya had fallen from a swing and had sustained serious injuries.

    Srivastava rushed to the hospital where his daughter Ananya was taken by the school authorities.

    After battling for her life the whole day, she succumbed to her injuries on Friday at 5 pm.

    Later the family approached the police authorities suspecting foul play with the dubious role of school authorities including the manager, principal and PT teacher.

    The parents alleged that the body of their daughter bore several injury marks on her hands, feet and hips. They claimed that her face was swollen and her eyes were injured which could be a result of an assault.

    The police scanned CCTV footage and found that the girl fell from the third floor. 

    Contradicting the school authorities’ claim, the victim’s father refused to accept that his daughter died after falling off a swing as it was only one-and-a-half feet high.

    According to police sources, the principal tried to mislead the family of the deceased by claiming that the death was due to falling from the swing.

    They added that the traces of blood were also removed from the place where the girl had allegedly fallen.

    Ananya’s mother Ruchi Srivastava a government council school teacher in Siddharthnagar was visiting her parents in Indore along with her younger daughter.

    The school principal Rashmi Bhatia remained incommunicado. CO City Shailendra Singh said that as per the CCTV footage, Ananya died after falling from the third floor of the school. Moreover, the spectacles and mobile of the deceased found on the spot were not broken.

  • 13-year-old Dalit girl gang-raped in UP’s Amethi 

    By PTI

    AMETHI (UP): A 13-year-old Dalit girl was allegedly raped by two men who abducted her from her house in a village here on Thursday, police said.

    Amethi Superintendent of Police Elamaran G said the girl’s father filed a complaint accusing one Waris (20), who lives in his village, and an unidentified man of abducting and raping his daughter.

    “The duo allowed the girl to return home in the morning,” he added.

    An FIR was lodged at Mohanganj police station here against the accused under relevant sections of the Indian Penal Code (IPC) and Protection of Children from Sexual Offences Act (POCSO), the police said.

    AMETHI (UP): A 13-year-old Dalit girl was allegedly raped by two men who abducted her from her house in a village here on Thursday, police said.

    Amethi Superintendent of Police Elamaran G said the girl’s father filed a complaint accusing one Waris (20), who lives in his village, and an unidentified man of abducting and raping his daughter.

    “The duo allowed the girl to return home in the morning,” he added.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });

    An FIR was lodged at Mohanganj police station here against the accused under relevant sections of the Indian Penal Code (IPC) and Protection of Children from Sexual Offences Act (POCSO), the police said.

  • CJI DY Chandrachud urges legislature to consider concerns related to age of consent under POCSO Act 

    Express News Service

    NEW DELHI: Amidst the difficulty faced by judges while dealing with cases falling under the POCSO act where consenting adolescents engage in sexual activity, Chief Justice of India DY Chandrachud on Saturday urged the legislature to consider growing concerns related to the age of consent under the 2012 Act.

    The POCSO Act criminalizes all sexual activity for those under the age of 18 regardless of whether consent is factually present between the two minors in a particular case. 

    “I note that the topic for one of the panel discussions today is to do with the judgments of POCSO courts in “romantic cases” or cases where consenting adolescents engage in sexual activity. As you are no doubt aware, the POCSO Act criminalizes all sexual activity for those under the age of 18 regardless of whether consent is factually present between the two minors in a particular case. In my time as a judge, I have observed that this category of cases poses difficult questions for judges across the spectrum. There is growing concern surrounding this issue, which must be considered by the legislature in light of reliable research by experts in adolescent healthcare,” the CJI said while delivering his keynote address at the National Annual Stakeholders Consultation on Child Protection that was organised by the Supreme Court Committee on Juvenile Justice in association with UNICEF. 

    The event was also attended by Supreme Court judge Justice Ravindra Bhat, Union Minister for Women and Child Development Smriti Irani, Ms. Cynthia McCaffery (Country Representative, UNICEF India), former SC judge Justice Deepak Gupta, HC judges, judges of the POCSO courts, members of the Juvenile Justice Committees, panellists, experts. 

    Underscoring the impact of exposure of children to sexual violence at an early age which can lead to severe trauma and can have life-long ramifications, the CJI also said that it imperative for the state and other stakeholders to create awareness regarding the prevention of child sexual abuse, its timely recognition, and the various remedies available in law and otherwise. 

    “Children must also be taught the difference between ‘safe touch’ and ‘unsafe touch’. While this was previously couched as ‘good touch’ and ‘bad touch’, child rights activists have urged parents and others to use the words ‘safe’ and ‘unsafe’ because the words ‘good’ and ‘bad’ have moral implications, especially for children, and may prevent them from reporting abuse,” the CJI said. 

    Chandrachud also asked the states to encourage families to report cases of abuse irrespective of the perpetrator being a family member and also urged the executive to join hands with the judiciary to prevent this from happening.

    “The use of professional counselling services must also be encouraged, especially because many parents are unaware that this can help the child deal with trauma. Above all, there is an urgent need to ensure that the so-called honour of the family is not prioritized over the best interests of the child.

    It is an unfortunate fact that the manner in which the criminal justice system functions sometimes compounds the victim’s trauma. The executive must join hands with the judiciary to prevent this from happening,” the judge said. 

    Laying emphasis on the insufficient infrastructure and low availability of trained support personnel for the judges of the POCSO courts, the judge said that there is an urgent need for all branches of the state to properly train police and support personnel, provide adequate infrastructure and disburse compensation in a timely manner. 

    NEW DELHI: Amidst the difficulty faced by judges while dealing with cases falling under the POCSO act where consenting adolescents engage in sexual activity, Chief Justice of India DY Chandrachud on Saturday urged the legislature to consider growing concerns related to the age of consent under the 2012 Act.

    The POCSO Act criminalizes all sexual activity for those under the age of 18 regardless of whether consent is factually present between the two minors in a particular case. 

    “I note that the topic for one of the panel discussions today is to do with the judgments of POCSO courts in “romantic cases” or cases where consenting adolescents engage in sexual activity. As you are no doubt aware, the POCSO Act criminalizes all sexual activity for those under the age of 18 regardless of whether consent is factually present between the two minors in a particular case. In my time as a judge, I have observed that this category of cases poses difficult questions for judges across the spectrum. There is growing concern surrounding this issue, which must be considered by the legislature in light of reliable research by experts in adolescent healthcare,” the CJI said while delivering his keynote address at the National Annual Stakeholders Consultation on Child Protection that was organised by the Supreme Court Committee on Juvenile Justice in association with UNICEF. 

    The event was also attended by Supreme Court judge Justice Ravindra Bhat, Union Minister for Women and Child Development Smriti Irani, Ms. Cynthia McCaffery (Country Representative, UNICEF India), former SC judge Justice Deepak Gupta, HC judges, judges of the POCSO courts, members of the Juvenile Justice Committees, panellists, experts. 

    Underscoring the impact of exposure of children to sexual violence at an early age which can lead to severe trauma and can have life-long ramifications, the CJI also said that it imperative for the state and other stakeholders to create awareness regarding the prevention of child sexual abuse, its timely recognition, and the various remedies available in law and otherwise. 

    “Children must also be taught the difference between ‘safe touch’ and ‘unsafe touch’. While this was previously couched as ‘good touch’ and ‘bad touch’, child rights activists have urged parents and others to use the words ‘safe’ and ‘unsafe’ because the words ‘good’ and ‘bad’ have moral implications, especially for children, and may prevent them from reporting abuse,” the CJI said. 

    Chandrachud also asked the states to encourage families to report cases of abuse irrespective of the perpetrator being a family member and also urged the executive to join hands with the judiciary to prevent this from happening.

    “The use of professional counselling services must also be encouraged, especially because many parents are unaware that this can help the child deal with trauma. Above all, there is an urgent need to ensure that the so-called honour of the family is not prioritized over the best interests of the child.

    It is an unfortunate fact that the manner in which the criminal justice system functions sometimes compounds the victim’s trauma. The executive must join hands with the judiciary to prevent this from happening,” the judge said. 

    Laying emphasis on the insufficient infrastructure and low availability of trained support personnel for the judges of the POCSO courts, the judge said that there is an urgent need for all branches of the state to properly train police and support personnel, provide adequate infrastructure and disburse compensation in a timely manner. 

  • Review age of consent: CJI DY Chandrachud to Parliament

    Express News Service

    NEW DELHI: Amidst the difficulty faced by judges while dealing with cases falling under the POCSO act where consenting adolescents engage in sexual activity, Chief Justice of India DY Chandrachud on Saturday urged the legislature to consider growing concerns related to the age of consent under the 2012 Act.

    The POCSO Act criminalizes all sexual activity for those under the age of 18 regardless of whether consent is factually present between the two minors in a particular case. 

    “I note that the topic for one of the panel discussions today is to do with the judgments of POCSO courts in “romantic cases” or cases where consenting adolescents engage in sexual activity. As you are no doubt aware, the POCSO Act criminalizes all sexual activity for those under the age of 18 regardless of whether consent is factually present between the two minors in a particular case. In my time as a judge, I have observed that this category of cases poses difficult questions for judges across the spectrum. There is growing concern surrounding this issue, which must be considered by the legislature in light of reliable research by experts in adolescent healthcare,” the CJI said while delivering his keynote address at the National Annual Stakeholders Consultation on Child Protection that was organised by the Supreme Court Committee on Juvenile Justice in association with UNICEF. 

    The event was also attended by Supreme Court judge Justice Ravindra Bhat, Union Minister for Women and Child Development Smriti Irani, Ms. Cynthia McCaffery (Country Representative, UNICEF India), former SC judge Justice Deepak Gupta, HC judges, judges of the POCSO courts, members of the Juvenile Justice Committees, panellists, experts. 

    Underscoring the impact of exposure of children to sexual violence at an early age which can lead to severe trauma and can have life-long ramifications, the CJI also said that it is imperative for the state and other stakeholders to create awareness regarding the prevention of child sexual abuse, its timely recognition, and the various remedies available in law and otherwise. 

    “Children must also be taught the difference between ‘safe touch’ and ‘unsafe touch’. While this was previously couched as ‘good touch’ and ‘bad touch’, child rights activists have urged parents and others to use the words ‘safe’ and ‘unsafe’ because the words ‘good’ and ‘bad’ have moral implications, especially for children, and may prevent them from reporting abuse,” the CJI said. 

    Chandrachud also asked the states to encourage families to report cases of abuse irrespective of the perpetrator being a family member and also urged the executive to join hands with the judiciary to prevent this from happening.

    “The use of professional counselling services must also be encouraged, especially because many parents are unaware that this can help the child deal with trauma. Above all, there is an urgent need to ensure that the so-called honour of the family is not prioritized over the best interests of the child.

    It is an unfortunate fact that the manner in which the criminal justice system functions sometimes compounds the victim’s trauma. The executive must join hands with the judiciary to prevent this from happening,” the judge said. 

    Laying emphasis on the insufficient infrastructure and low availability of trained support personnel for the judges of the POCSO courts, the judge said that there is an urgent need for all branches of the state to properly train police and support personnel, provide adequate infrastructure and disburse compensation in a timely manner. 

    NEW DELHI: Amidst the difficulty faced by judges while dealing with cases falling under the POCSO act where consenting adolescents engage in sexual activity, Chief Justice of India DY Chandrachud on Saturday urged the legislature to consider growing concerns related to the age of consent under the 2012 Act.

    The POCSO Act criminalizes all sexual activity for those under the age of 18 regardless of whether consent is factually present between the two minors in a particular case. 

    “I note that the topic for one of the panel discussions today is to do with the judgments of POCSO courts in “romantic cases” or cases where consenting adolescents engage in sexual activity. As you are no doubt aware, the POCSO Act criminalizes all sexual activity for those under the age of 18 regardless of whether consent is factually present between the two minors in a particular case. In my time as a judge, I have observed that this category of cases poses difficult questions for judges across the spectrum. There is growing concern surrounding this issue, which must be considered by the legislature in light of reliable research by experts in adolescent healthcare,” the CJI said while delivering his keynote address at the National Annual Stakeholders Consultation on Child Protection that was organised by the Supreme Court Committee on Juvenile Justice in association with UNICEF. 

    The event was also attended by Supreme Court judge Justice Ravindra Bhat, Union Minister for Women and Child Development Smriti Irani, Ms. Cynthia McCaffery (Country Representative, UNICEF India), former SC judge Justice Deepak Gupta, HC judges, judges of the POCSO courts, members of the Juvenile Justice Committees, panellists, experts. 

    Underscoring the impact of exposure of children to sexual violence at an early age which can lead to severe trauma and can have life-long ramifications, the CJI also said that it is imperative for the state and other stakeholders to create awareness regarding the prevention of child sexual abuse, its timely recognition, and the various remedies available in law and otherwise. 

    “Children must also be taught the difference between ‘safe touch’ and ‘unsafe touch’. While this was previously couched as ‘good touch’ and ‘bad touch’, child rights activists have urged parents and others to use the words ‘safe’ and ‘unsafe’ because the words ‘good’ and ‘bad’ have moral implications, especially for children, and may prevent them from reporting abuse,” the CJI said. 

    Chandrachud also asked the states to encourage families to report cases of abuse irrespective of the perpetrator being a family member and also urged the executive to join hands with the judiciary to prevent this from happening.

    “The use of professional counselling services must also be encouraged, especially because many parents are unaware that this can help the child deal with trauma. Above all, there is an urgent need to ensure that the so-called honour of the family is not prioritized over the best interests of the child.

    It is an unfortunate fact that the manner in which the criminal justice system functions sometimes compounds the victim’s trauma. The executive must join hands with the judiciary to prevent this from happening,” the judge said. 

    Laying emphasis on the insufficient infrastructure and low availability of trained support personnel for the judges of the POCSO courts, the judge said that there is an urgent need for all branches of the state to properly train police and support personnel, provide adequate infrastructure and disburse compensation in a timely manner. 

  • Review age of consent: CJI DY Chandrachud to Parliament

    Express News Service

    NEW DELHI: Amidst the difficulty faced by judges while dealing with cases falling under the POCSO act where consenting adolescents engage in sexual activity, Chief Justice of India DY Chandrachud on Saturday urged the legislature to consider growing concerns related to the age of consent under the 2012 Act.

    The POCSO Act criminalizes all sexual activity for those under the age of 18 regardless of whether consent is factually present between the two minors in a particular case. 

    “I note that the topic for one of the panel discussions today is to do with the judgments of POCSO courts in “romantic cases” or cases where consenting adolescents engage in sexual activity. As you are no doubt aware, the POCSO Act criminalizes all sexual activity for those under the age of 18 regardless of whether consent is factually present between the two minors in a particular case. In my time as a judge, I have observed that this category of cases poses difficult questions for judges across the spectrum. There is growing concern surrounding this issue, which must be considered by the legislature in light of reliable research by experts in adolescent healthcare,” the CJI said while delivering his keynote address at the National Annual Stakeholders Consultation on Child Protection that was organised by the Supreme Court Committee on Juvenile Justice in association with UNICEF. 

    The event was also attended by Supreme Court judge Justice Ravindra Bhat, Union Minister for Women and Child Development Smriti Irani, Ms. Cynthia McCaffery (Country Representative, UNICEF India), former SC judge Justice Deepak Gupta, HC judges, judges of the POCSO courts, members of the Juvenile Justice Committees, panellists, experts. 

    Underscoring the impact of exposure of children to sexual violence at an early age which can lead to severe trauma and can have life-long ramifications, the CJI also said that it is imperative for the state and other stakeholders to create awareness regarding the prevention of child sexual abuse, its timely recognition, and the various remedies available in law and otherwise. 

    “Children must also be taught the difference between ‘safe touch’ and ‘unsafe touch’. While this was previously couched as ‘good touch’ and ‘bad touch’, child rights activists have urged parents and others to use the words ‘safe’ and ‘unsafe’ because the words ‘good’ and ‘bad’ have moral implications, especially for children, and may prevent them from reporting abuse,” the CJI said. 

    Chandrachud also asked the states to encourage families to report cases of abuse irrespective of the perpetrator being a family member and also urged the executive to join hands with the judiciary to prevent this from happening.

    “The use of professional counselling services must also be encouraged, especially because many parents are unaware that this can help the child deal with trauma. Above all, there is an urgent need to ensure that the so-called honour of the family is not prioritized over the best interests of the child.

    It is an unfortunate fact that the manner in which the criminal justice system functions sometimes compounds the victim’s trauma. The executive must join hands with the judiciary to prevent this from happening,” the judge said. 

    Laying emphasis on the insufficient infrastructure and low availability of trained support personnel for the judges of the POCSO courts, the judge said that there is an urgent need for all branches of the state to properly train police and support personnel, provide adequate infrastructure and disburse compensation in a timely manner. 

    NEW DELHI: Amidst the difficulty faced by judges while dealing with cases falling under the POCSO act where consenting adolescents engage in sexual activity, Chief Justice of India DY Chandrachud on Saturday urged the legislature to consider growing concerns related to the age of consent under the 2012 Act.

    The POCSO Act criminalizes all sexual activity for those under the age of 18 regardless of whether consent is factually present between the two minors in a particular case. 

    “I note that the topic for one of the panel discussions today is to do with the judgments of POCSO courts in “romantic cases” or cases where consenting adolescents engage in sexual activity. As you are no doubt aware, the POCSO Act criminalizes all sexual activity for those under the age of 18 regardless of whether consent is factually present between the two minors in a particular case. In my time as a judge, I have observed that this category of cases poses difficult questions for judges across the spectrum. There is growing concern surrounding this issue, which must be considered by the legislature in light of reliable research by experts in adolescent healthcare,” the CJI said while delivering his keynote address at the National Annual Stakeholders Consultation on Child Protection that was organised by the Supreme Court Committee on Juvenile Justice in association with UNICEF. 

    The event was also attended by Supreme Court judge Justice Ravindra Bhat, Union Minister for Women and Child Development Smriti Irani, Ms. Cynthia McCaffery (Country Representative, UNICEF India), former SC judge Justice Deepak Gupta, HC judges, judges of the POCSO courts, members of the Juvenile Justice Committees, panellists, experts. 

    Underscoring the impact of exposure of children to sexual violence at an early age which can lead to severe trauma and can have life-long ramifications, the CJI also said that it is imperative for the state and other stakeholders to create awareness regarding the prevention of child sexual abuse, its timely recognition, and the various remedies available in law and otherwise. 

    “Children must also be taught the difference between ‘safe touch’ and ‘unsafe touch’. While this was previously couched as ‘good touch’ and ‘bad touch’, child rights activists have urged parents and others to use the words ‘safe’ and ‘unsafe’ because the words ‘good’ and ‘bad’ have moral implications, especially for children, and may prevent them from reporting abuse,” the CJI said. 

    Chandrachud also asked the states to encourage families to report cases of abuse irrespective of the perpetrator being a family member and also urged the executive to join hands with the judiciary to prevent this from happening.

    “The use of professional counselling services must also be encouraged, especially because many parents are unaware that this can help the child deal with trauma. Above all, there is an urgent need to ensure that the so-called honour of the family is not prioritized over the best interests of the child.

    It is an unfortunate fact that the manner in which the criminal justice system functions sometimes compounds the victim’s trauma. The executive must join hands with the judiciary to prevent this from happening,” the judge said. 

    Laying emphasis on the insufficient infrastructure and low availability of trained support personnel for the judges of the POCSO courts, the judge said that there is an urgent need for all branches of the state to properly train police and support personnel, provide adequate infrastructure and disburse compensation in a timely manner. 

  • Non-reporting of sexual assault on children serious crime, says SC

    By IANS

    NEW DELHI: The Supreme Court on Wednesday said non-reporting of sexual assault against a minor child, despite having knowledge of it is a serious crime and also an attempt to shield the offenders.

    A bench of Justices Ajay Rastogi and C.T. Ravikumar made the ruling as it set aside a judgment passed by the Bombay High Court in April last year quashing an FIR and the charge sheet against a medical practitioner in Maharashtra’s Chandrapur.

    It was alleged that the medical practitioner did not inform the authority about the sexual assault against several minor girls at a hostel despite having knowledge about it. Criminal proceedings were initiated against the doctor for failure to report the sexual exploitation of 17 minor girls of tribal origin at a Chandrapur school in 2019.

    Allowing the appeal by the Maharashtra government against the high court judgment, the apex court said: “Non-reporting of sexual assault against a minor child despite knowledge is a serious crime and more often than not, it is an attempt to shield the offenders of the crime of sexual assault.”

    Criticising the high court judgment, the bench said: “In the case on hand, the high court arrived at the finding of absence of evidence to implicate the respondent in the crime in question upon going through the statements of the victims and also the statement of the teacher of the victims, which recourse is absolutely impermissible.”

    It said in the light of Section 59 of the Evidence Act, the high court was not justified in bringing abrupt termination of the proceedings qua the respondent. The sexual exploitation came to light after girls studying in classes 3 and 5 fell ill and were taken to the general hospital.

    The bench said the very case of the Maharashtra government is that some among the 17 victims have given statements under Section 161, Cr.P.C. and some others under Section 164 Cr.P.C., specifically stating that the respondent was informed of the sexual assault on them.

    “When that be the position, we have no doubt that the high court should not have embarked upon an enquiry, especially by looking into the statements of the victims recorded as also their teacher to form an opinion regarding the availability of evidence to connect the respondent with the crime,” it said.

    The bench added: “To achieve the avowed purpose, a legal obligation for reporting of offence under the POCSO Act is cast upon a person to inform the relevant authorities specified thereunder when he/she has knowledge that an offence under the Act had been committed. Such obligation is also bestowed on a person who has apprehension that an offence under this Act is likely to be committed.”

    Justice Ravikumar, who authored the judgment on behalf of the bench, said prompt and proper reporting of the commission of offence under the POCSO Act is of utmost importance and they have no hesitation to state that its failure on coming to know about the commission of any offence thereunder would defeat the very purpose and object of the Act.

    “We say so taking into account the various provisions thereunder. Medical examination of the victim as also the accused would give many important clues in a case that falls under the POCSO Act,” said the bench.

    “Prompt reporting of the commission of an offence under POCSO Act would enable immediate examination of the victim concerned and at the same time, if it was committed by an unknown person, it would also enable the investigating agency to commence investigation without wasting time and ultimately to secure the arrest and medical examination of the culprit,” it added.

    In the case, the Superintendent of the hostel and four others were arrested and arraigned as accused in the crime. During the investigation, it was found that 17 minor girls were abused by the accused and a medical practitioner appointed for treatment of girls admitted to the girls’ hostel.

    The investigation revealed that the doctor had knowledge about the incidents that occurred, from the victims themselves as the victim girls revealed in their statements, recorded under Section 161 of Cr.P.C..

    NEW DELHI: The Supreme Court on Wednesday said non-reporting of sexual assault against a minor child, despite having knowledge of it is a serious crime and also an attempt to shield the offenders.

    A bench of Justices Ajay Rastogi and C.T. Ravikumar made the ruling as it set aside a judgment passed by the Bombay High Court in April last year quashing an FIR and the charge sheet against a medical practitioner in Maharashtra’s Chandrapur.

    It was alleged that the medical practitioner did not inform the authority about the sexual assault against several minor girls at a hostel despite having knowledge about it. Criminal proceedings were initiated against the doctor for failure to report the sexual exploitation of 17 minor girls of tribal origin at a Chandrapur school in 2019.

    Allowing the appeal by the Maharashtra government against the high court judgment, the apex court said: “Non-reporting of sexual assault against a minor child despite knowledge is a serious crime and more often than not, it is an attempt to shield the offenders of the crime of sexual assault.”

    Criticising the high court judgment, the bench said: “In the case on hand, the high court arrived at the finding of absence of evidence to implicate the respondent in the crime in question upon going through the statements of the victims and also the statement of the teacher of the victims, which recourse is absolutely impermissible.”

    It said in the light of Section 59 of the Evidence Act, the high court was not justified in bringing abrupt termination of the proceedings qua the respondent. The sexual exploitation came to light after girls studying in classes 3 and 5 fell ill and were taken to the general hospital.

    The bench said the very case of the Maharashtra government is that some among the 17 victims have given statements under Section 161, Cr.P.C. and some others under Section 164 Cr.P.C., specifically stating that the respondent was informed of the sexual assault on them.

    “When that be the position, we have no doubt that the high court should not have embarked upon an enquiry, especially by looking into the statements of the victims recorded as also their teacher to form an opinion regarding the availability of evidence to connect the respondent with the crime,” it said.

    The bench added: “To achieve the avowed purpose, a legal obligation for reporting of offence under the POCSO Act is cast upon a person to inform the relevant authorities specified thereunder when he/she has knowledge that an offence under the Act had been committed. Such obligation is also bestowed on a person who has apprehension that an offence under this Act is likely to be committed.”

    Justice Ravikumar, who authored the judgment on behalf of the bench, said prompt and proper reporting of the commission of offence under the POCSO Act is of utmost importance and they have no hesitation to state that its failure on coming to know about the commission of any offence thereunder would defeat the very purpose and object of the Act.

    “We say so taking into account the various provisions thereunder. Medical examination of the victim as also the accused would give many important clues in a case that falls under the POCSO Act,” said the bench.

    “Prompt reporting of the commission of an offence under POCSO Act would enable immediate examination of the victim concerned and at the same time, if it was committed by an unknown person, it would also enable the investigating agency to commence investigation without wasting time and ultimately to secure the arrest and medical examination of the culprit,” it added.

    In the case, the Superintendent of the hostel and four others were arrested and arraigned as accused in the crime. During the investigation, it was found that 17 minor girls were abused by the accused and a medical practitioner appointed for treatment of girls admitted to the girls’ hostel.

    The investigation revealed that the doctor had knowledge about the incidents that occurred, from the victims themselves as the victim girls revealed in their statements, recorded under Section 161 of Cr.P.C..

  • Uttar Pradesh: 20 people booked for making video of 12-year-old blood-soaked rape victim 

    By PTI

    KANNAUJ: Police on Saturday registered a case against 20 unknown people for recording videos on their mobile phones instead of helping a 12-year-old girl who was found soaked in blood and writhing in pain at a government guest house here.

    Gursahaiganj SHO Rajkumar Singh said due to the video, the identity of the minor girl became public, as a result, a case has been registered under the POCSO Act and IT Act.

    According to police, when police outpost in-charge Manoj Pandey reached the spot on October 23 and saw the blood-soaked girl, he asked people gathered there to stop making videos but they continued with it.

    In the video, a policeman is seen carrying the injured girl to an autorickshaw to take her to the hospital while bystanders keep recording videos on their mobile phones.

    Police said efforts are on to identify those who were making the video. The girl is currently undergoing treatment at a private hospital in Kanpur.

    She is opening her eyes but is not saying anything. Owing to serious injuries on her head, there are several stitches and injuries on her body as well.

    Superintendent of Police Kunwar Anupam Singh said he had spoken to the doctors and she will recover soon.

    Police are yet to arrest the accused, Ramji Verma, a resident of Farrukhabad, who had allegedly raped the girl.

    On a complaint by the girl’s uncle, a case has been registered under the Indian Penal Code (IPC) Sections 376 (rape) and 307 (attempt to murder) and the Protection of Children from Sexual Offence (POCSO) Act.

    The girl had gone out to buy a piggy bank on Sunday but did not return home, prompting her family members to launch a search for her.

    In the CCTV footage of the guest house, the minor was seen talking to a youth, according to police.

    KANNAUJ: Police on Saturday registered a case against 20 unknown people for recording videos on their mobile phones instead of helping a 12-year-old girl who was found soaked in blood and writhing in pain at a government guest house here.

    Gursahaiganj SHO Rajkumar Singh said due to the video, the identity of the minor girl became public, as a result, a case has been registered under the POCSO Act and IT Act.

    According to police, when police outpost in-charge Manoj Pandey reached the spot on October 23 and saw the blood-soaked girl, he asked people gathered there to stop making videos but they continued with it.

    In the video, a policeman is seen carrying the injured girl to an autorickshaw to take her to the hospital while bystanders keep recording videos on their mobile phones.

    Police said efforts are on to identify those who were making the video. The girl is currently undergoing treatment at a private hospital in Kanpur.

    She is opening her eyes but is not saying anything. Owing to serious injuries on her head, there are several stitches and injuries on her body as well.

    Superintendent of Police Kunwar Anupam Singh said he had spoken to the doctors and she will recover soon.

    Police are yet to arrest the accused, Ramji Verma, a resident of Farrukhabad, who had allegedly raped the girl.

    On a complaint by the girl’s uncle, a case has been registered under the Indian Penal Code (IPC) Sections 376 (rape) and 307 (attempt to murder) and the Protection of Children from Sexual Offence (POCSO) Act.

    The girl had gone out to buy a piggy bank on Sunday but did not return home, prompting her family members to launch a search for her.

    In the CCTV footage of the guest house, the minor was seen talking to a youth, according to police.

  • Teacher arrested for self-immolation bid by examinee in Jharkhand

    By PTI

    JAMSHEDPUR: A teacher was arrested in connection with the alleged self-immolation bid by a student here after she was reportedly forced to remove her clothes to check whether she was copying from chits hidden in her uniform to write her exam.

    The lady teacher was arrested on Friday night soon after the incident and a case was registered under sections of the Indian Penal Code and the POCSO Act, the superintendent of police (city), K Vijay Shankar said.

    The Class 9 girl, who was rushed to the Tata Main Hospital here, is in a serious condition, police said.

    Meanwhile, Kendriya Mukhi Samaj activists staged a dharna in front of the office of the East Singhbhum district education officer on Saturday demanding the immediate dismissal of the teacher.

    The Samaj vice-president Sambhu Mukhi also demanded free and proper treatment of the student.

    According to a police officer, the girl in her statement to the police said that the invigilator humiliated her and made her remove her clothes to check if she was hiding the chits in her uniform.

    Her mother, too, said that she could not bear the humiliation and set herself ablaze shortly after returning from school.

    JAMSHEDPUR: A teacher was arrested in connection with the alleged self-immolation bid by a student here after she was reportedly forced to remove her clothes to check whether she was copying from chits hidden in her uniform to write her exam.

    The lady teacher was arrested on Friday night soon after the incident and a case was registered under sections of the Indian Penal Code and the POCSO Act, the superintendent of police (city), K Vijay Shankar said.

    The Class 9 girl, who was rushed to the Tata Main Hospital here, is in a serious condition, police said.

    Meanwhile, Kendriya Mukhi Samaj activists staged a dharna in front of the office of the East Singhbhum district education officer on Saturday demanding the immediate dismissal of the teacher.

    The Samaj vice-president Sambhu Mukhi also demanded free and proper treatment of the student.

    According to a police officer, the girl in her statement to the police said that the invigilator humiliated her and made her remove her clothes to check if she was hiding the chits in her uniform.

    Her mother, too, said that she could not bear the humiliation and set herself ablaze shortly after returning from school.

  • Day after girl raped, killed in Uttar Pradesh’s Budaun, police arrest accused

    By PTI

    BUDAUN: A day after a Dalit girl was raped and killed in a village here, police on Sunday said they have arrested the accused.

    He has been identified as Jitendra Yadav, employed with the electricity department on a contractual basis.

    According to the police, the body of the 15-year-old girl was recovered near a railway line in Faizganj Behata police station area on Saturday morning.

    Hours later, her family members had alleged that the police picked up her body and sent it for post-mortem without informing them though their house is just one-and-a-half kilometres away from the spot.

    They claimed that the police had only told them over the phone that their daughter had died in an accident and summoned them to identify the body.

    Following this, Senior Superintendent of Police (SSP) OP Singh reached the spot and directed the officials to file a case.

    ALSO READ | Lakhimpur Kheri sisters’ deaths: Post-mortem report confirms rape, strangulation

    On Sunday, Singh said, “A case of murder and rape along with sections of POCSO (Protection of Children from Sexual Offences Act) has been lodged. The accused has confessed to the crime.”

    According to Singh, Yadav told the police during interrogation that he abducted the girl while returning home on Friday night.

    He then took her to a secluded place behind the nearby railway station and raped her.

    “He strangulated the girl in order to protect his identity,” the SP said.

    Police said they used witnesses’ statements and mobile surveillance data to zero down on the accused.

    BUDAUN: A day after a Dalit girl was raped and killed in a village here, police on Sunday said they have arrested the accused.

    He has been identified as Jitendra Yadav, employed with the electricity department on a contractual basis.

    According to the police, the body of the 15-year-old girl was recovered near a railway line in Faizganj Behata police station area on Saturday morning.

    Hours later, her family members had alleged that the police picked up her body and sent it for post-mortem without informing them though their house is just one-and-a-half kilometres away from the spot.

    They claimed that the police had only told them over the phone that their daughter had died in an accident and summoned them to identify the body.

    Following this, Senior Superintendent of Police (SSP) OP Singh reached the spot and directed the officials to file a case.

    ALSO READ | Lakhimpur Kheri sisters’ deaths: Post-mortem report confirms rape, strangulation

    On Sunday, Singh said, “A case of murder and rape along with sections of POCSO (Protection of Children from Sexual Offences Act) has been lodged. The accused has confessed to the crime.”

    According to Singh, Yadav told the police during interrogation that he abducted the girl while returning home on Friday night.

    He then took her to a secluded place behind the nearby railway station and raped her.

    “He strangulated the girl in order to protect his identity,” the SP said.

    Police said they used witnesses’ statements and mobile surveillance data to zero down on the accused.