SC seeks Centre’s response on Bachpan Bachao Andolan’s plea over sexual abuse of children

NEW DELHI: The Supreme Court on Friday sought a response from the Centre on Bachpan Bachao Andolan's plea, seeking enforcement of the fundamental rights of children subjected to sexual exploitation and abuse.

A bench headed by Chief Justice of India DY Chandrachud also tagged the matter with other petitions raising similar grievances. Bachpan Bachao Andolan (BBA) has urged the top court to issue various directions including following the Delhi High Court guidelines while deciding bail applications under the Protection of Children from Sexual Offences Act or laying down guidelines specifically for considering bail in POCSO cases.

The organization also sought to issue directions to the special courts dealing with POCSO cases to strictly record the evidence of the victim within 30 days of the Special Court taking cognisance of the offences as stipulated under Section 35 of the POCSO Act. The petitioner also sought invoking of extraordinary writ jurisdiction of the top court under Article 32 of the Constitution of India in the public interest seeking enforcement of the fundamental rights of the most vulnerable members of the society ie., children who are subjected to sexual exploitation and abuse whose rights are being infringed which in gross violation of the constitutional protection guaranteed under Article 21 of the Constitution of India.

The petitioner said that the petition has been necessitated due to the approach of the law enforcement agencies and as reflected in various orders passed by different courts throughout the country which shows that the interest of a large number of child victims of sexual abuse, especially girls are being jeopardised due to the dissemination of misinterpreted and incorrect data by various NGOs and Governments, concerning elopement and romantic relationship cases under the Protection of Children from Sexual Offences Act, 2012.

This data has misled various state authorities, law enforcement agencies, and courts, resulting in insensitivity including unnecessary observations and spontaneous, flippant, or off-the-cuff remarks which have further fuelled the vicious circle of insensitivity, delay, lack of societal support, lack of rehabilitation, pressure from the community and accused and a complete lack of access to justice, the petition said.

The petition also raised the point that there is increased belief among the law enforcement and judicial circles that the POCSO Act is being misused that the majority of POCSO cases result from consensual relationships between teenagers and are of elopement and that this belief is far from reality. BBA also raised objection to the Tamil Nadu police circular memorandum dated December 3, 2022, directing the police officials to no-show haste in effecting on arrest of the accused in suo motu romantic cases. “This clearly reveals the magnitude of disparateness during the judicial interpretations or discourses amongst the law enforcement agencies. Issuance of such notifications/circulars creates ambiguities and superficial impunities while dealing with such cases of sexual abuse of victims aged 16-18 years,” BBA said.

The petitioner also sought to reinforce the intent and purpose of the POCSO Act, which is to protect children from all forms of sexual abuse that in a few cases get mystified during the pre-trial or trial stage owing to multiple extraneous factors. (ANI)

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