Ahmedabad, April 9: Bombay High Court issued guidelines and directives on Thursday which are to be followed by the courts and prosecution in cases filed under the Protection of Children from Sexual Offences (POCSO) Act. These guidelines have been issued to ensure effective implementation of the law and to see that the rights of the minor survivors to follow judicial proceedings are protected.

 

A division bench of Chief Justice Dipankar Datta and Justice Girish S Kulkarni stated in their order that “a robust mechanism recognizing the need to protect children from the offences falling within the purview of this legislation and the method and manner to deal judicially such offences, is prescribed as a part of the administration of criminal justice.”

 

The court stated that it shall be the duty of the office of the public prosecutor to issue notice of hearing of any application made before the court on behalf of the prosecution, to the family of the victim or the guardian and also to the legal counsel of the child, if there is a legal counsel. It also states that all relevant documents and the record necessary for effective participation in the proceedings should also be provided to the victim’s family or guardian and legal counsel.

 

Further, the division bench said that when an application is made before the Court on behalf of the accused, it shall be the duty of the accused to issue notice of hearing of such application to the child’s family or guardian, and to the legal counsel, if there is one, along with all relevant documents and the record necessary for effective participation in the proceedings.

 

When an application is made on behalf of the prosecution, it shall be the duty of the Police Officer to confirm to the relevant court that the family of the victim has been served the notice and given the relevant documents along with proof of the same. In case the notice has not been sent the police will inform the court the reason for not being able to do so.

 

These guidelines were issued by the court in response to a Public Interest Litigation (PIL) filed by social activist Arjun Malge, who works with minor victims of child sexual abuse and their families in Mumbai. Malge complained about the lack of following procedures laid down in the POCSO Act.  

 

Further, the judgement said that if, despite issuance of notice, the child’s family, or legal counsel does not attend the hearing, the Court may proceed further without the presence of such noticee, or issue a fresh notice, as the Court may deem fit and proper, considering the interest of justice.