| Headnote |
Issue for consideration:The role of a ‘support person’ as envisaged in the Protection ofChildren from Sexual Offences Rules, 2020.Protection of Children from Sexual Offences Act, 2012 –Protection of Children from Sexual Offences Rules, 2020 – Roleof the support person.HELD: A support person is to provide information, emotional andpsychological support, and practical assistance which are oftencrucial to the recovery of the child – This can go a long way in helpingthem cope with the aftermath of the crime and with the strain ofany criminal proceedings – in many ways a support person, acts asguardian ad litem for the child – A support person-whether involvedfrom the early stages of lodging a report or brought on board shortlythereafter-can play a tremendous role in offering encouragement,reassurance, and guidance, merely from their knowledge of thelegalese, armed with a compassionate child-friendly approach –Their potential in providing moral support and guidance, whichdirectly translates to better and more just outcomes both in termsof prosecution, and rehabilitation, cannot be overstated – To fulfiltheir role as envisaged, their primary focus, must be the child’simmediate care and protection, and to play the role of a helpfulintermediary between the child, its family/guardian, and the variousinstitutional stakeholders and authorities. [Paras 4 and 6]Protection of Children from Sexual Offences Act, 2012 –Protection of Children from Sexual Offences Rules, 2020 –Responsibility of the support person:HELD: The support person is responsible for accompanyingthe child during recording of statement, medical examination,depositions, and to assist in all other interactions at the investigation,pre-trial, and trial stage – The support person is to make availablepublic or private emergency and crisis services; ensure availabilityof free legal aid; provide assistance with navigating the victimcompensation scheme; track the status of investigation, arrest,and filing of charges of the accused person; follow the dates ofthe court proceedings to enable the victim or family to attend asrequired; and be abreast of any other developments such as grantof bail, detention status, etc. of the accused. [Para 5]Protection of Children from Sexual Offences Rules, 2020 –Form A – Importance of:HELD: The POCSO Rules, also contain ‘Form-A’ which as per Rule4(14) is to be handed over to the child victim, parents/guardian,or any other person in whom the child trusts, to inform them ofthe entitlements the child victim must receive as information andservices – This form re-emphasises the importance of a supportperson in each case, and is also indicative of the stages at whichsuch a support person can play a role in. [Para 8]Protection of Children from Sexual Offences Act, 2012 –Protection of Children from Sexual Offences Rules, 2020 –Support person – Reviewing of facts and framing of rules/guidelines – Directions issued:HELD: In furtherance of the mandate of s.39 of the POCSO Act,the Principal Secretary to the Department of Women and ChildWelfare, in the State of Uttar Pradesh shall convene a meetingto review the facts, take action, and frame rules/guidelines asnecessary, on the following: (i) Assess capabilities in the Statewith respect to the support persons ecosystem for the selection,appointment, need for special rules/guidelines/Standard OperatingProcedure in regard to their appointment/empanelment, training,career advancement and terms and conditions of employment; (ii) Toachieve the said purpose, require the presence of the Chairperson,of the State Commission for the Protection of Child Rights (SCPCR),Secretary, State Legal Service Authority, senior-most President ofa JJB and senior-most Chairperson of a CWC in the state, and arepresentative from the State Commission for Women; (iii) detailsmay be called from each District Child Protection Unit (DCPU), asto the list of support persons maintained by it as per Rule 5(1) –which is to include the names of persons or organisations workingin the field of child rights or child protection, officials of children’shomes or shelter homes having custody of children, and othereligible persons employed by the DCPU [as prescribed under Rule5(6)]; (iv) After due consultations, frame such rules, or guidelines,as are necessary, relating to the educational qualifications and/ortraining required of a support person [over and above the stipulationin Rule 5(6)], and parameters to identify the eligible institutions orNGOs in the State, which can be accredited to depute qualifiedsupport persons, and consequently be added to the District ChildProtection Unit (DCPU) directory as contemplated in Rule 5(1);(v) Ensure that the DCPU or CWC, as the State authorities maydeem fit, is tasked with conducting periodic training for all supportpersons in the DCPU directory; (vi) In the guidelines framed,ensure that a reporting mechanism through appropriate formats areprepared, to enable the support persons to send monthly reportsas per Rule 4(12) to the concerned CWC, which should then becompiled and sent to the SCPCR, and the state government;(vii) Prepare a framework, in the form of a Standard OperatingProcedure (SOP) to ensure proper implementation of Rule 12 ofthe POCSO Rules, 2020, for reporting by the respective CWCson the specific heads of information collected by them, on monthlybasis; (viii) The SOP prepared, and guidelines framed, are to becommunicated to all JJBs and CWCs after its preparation; (ix)Lastly, it is important to acknowledge that support persons who areindependent trained professionals, would need to take up taskswhich require intensive interactions in often, hostile environments,and consequently deserve to be paid adequate remuneration –Also, the remuneration paid for the duration of the work, shouldbe commensurate to the qualifications and experience of theseindependent professionals, having regard to the salaries paid tothose with comparable qualifications employed by the governmentin PSUs or other institutions. [Para 11] |
