Supreme Court orders mandatory appointment of support persons for POCSO victims

The Supreme Court of India has ordered the compulsory appointment of support persons for victims in all cases under the Protection of Children from Sexual Offences (POCSO) Act across the country. This decision, based on guidelines proposed by the National Commission for Protection of Child Rights (NCPCR), aims to provide crucial assistance and support to over 2.5 lakh victims in pending POCSO cases.

The Supreme Court's directive, issued in response to a petition filed by Bachpan Bachao Andolan, requires all states and union territories to submit a compliance report within four weeks detailing the implementation of the NCPCR's guidelines on the appointment, qualification, and duties of support persons.

"This is a game-changer," said Bhuwan Ribhu, a noted child rights activist and lawyer who filed the application proposing the mandatory appointment of support persons. "Poor, clueless victims will no longer be alone or vulnerable. They now have someone to help them navigate the complex legal process, provide them with psychological first aid, ensure witness and victim protection, and fight for their rehabilitation and compensation."

The NCPCR's guidelines establish uniform standards for support persons, requiring them to hold a postgraduate degree in social work, sociology, psychology, or child development. Alternatively, candidates with a graduate degree and a minimum of three years of experience in child education, development, or protection issues are also eligible.

Welcoming the Supreme Court's order, NCPCR Chairperson Priyank Kanoongo said, "It's a remarkable step as NCPCR's guidelines on support persons have been approved by the apex court. Now, the response of the state governments and union territories regarding the implementation of the guidelines is crucial."

The court's directive also instructed the National Legal Services Authority (NALSA) to file a compliance report on the appointment of para-legal volunteers in every police station across the country. This move aims to strengthen the legal support infrastructure for child victims of sexual offences.

The Supreme Court's order comes in the wake of the 2022 Lalitpur incident in Uttar Pradesh, where a 13-year-old girl was gang-raped for over five months, including by a police official, when she approached the police station to file a complaint.