The Bombay High Court issued various guidelines for the effective implementation of Protections of Children from Sexual Offences Act (POCSO) and to ensure that right of child victims to participate in the judicial proceedings is safeguarded.
The bench was dealing with a PIL filed by on Arjun Malge, who reportedly works with the child victims of sexual abuse and their families in Mumbai. Moreover, he works as a Support Person in the child sexual abuse cases in furtherance of the orders of Child Welfare Committee.
The counsel representing him submitted before the bench that neither Section 40 of the Act, Rule 4 sub rule 13 of the POCSO Rule 2020, nor Section 439(1-A) of CrPC are in practice.
The bench comprising of Chief Justice of Bombay HC also instructed the Special Juvenile Police Unit or SJPU to render the court reasons in writing as to why the victim’s family, legal counsel or guardian could not be informed regarding the legal proceedings commenced before the court of law.
The bench directed the respective authorities in order to ensure effective participation of the child victim by way of its family, legal counsel or guardian, as the case may be.
The bench also held that before an application is heard, it is the duty of the trial court to ascertain the status of service of notice. If, under any circumstance, it is found out that the SJPU failed to issue the notice, the trial court has the power to pass such reasoned orders that would help in securing the ends of justice and determine presence of emergent situations due to which victim had been absent.
The bench also stated that despite all the efforts, if the family of the victim fails to appear, the trial court can proceed with the hearing of the application.
The bench also gave directions that a copy of this judgment shall be circulated amongst all the presiding officers of respective authorities across the state of Maharashtra.
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