Guwahati, Dec 23: Gauhati High Court passes landmark judgment on the POCSO Act on the basis of a missing report. The Report was filed on 3 girl inmates of a children’s home namely Swapnalaya Children Home in Sivsagar, who were subjected to physical and sexual abuse by the Superintendent of the said children’s home, leading to an attempt to commit suicide by one of the victims.
The Gauhati High Court considering the seriousness of the allegations reported direct registration of the same as PIL.
In the stated PIL, Miguel Das Queah, the CWC-appointed support person intervened and took to the notice of the Court that though initially provisions of the POCSO Act had been brought withinside the FIR, in respect of the victim child, however the same was removed at the time of submission of charge sheet consequently the trial was conducted before a regular court in total violation of the rights of the victim child.
After the Court having held prima-facie that the statutory communications submitted by the Child Welfare Committee determining the age of the victim child as minor was ignored. Hence directed the Additional Superintendent of Police, who was personally present before the court to show cause as to why such communications were ignored.
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Thereafter, the police submitted an additional charge sheet adding the provision of POCSO, and accordingly, the High Court directed the matter to be tried before the Special Judge POCSO, Sivsagar, keeping other issues involved in the PIL namely the proper functions of the Assam State Commission for Protection of Child Rights open.
In the meanwhile, the Special Court POCSO had acquitted both the accused. Thereafter, the stated PIL was heard on December, 22, wherein Senior Government Advocate, D. Nath apprised the court that the State has already filed an appeal.
Kaushik Goswami, Sr. Counsel also submitted that the trial has not been conducted in a proper manner by the prosecution which resulted in acquittal.
The High Court, after hearing all the counsels and also perusing the written submissions and suggestions placed on record by Goswami was pleased to issue the following directions:
- The Assam Government shall pursue the appeal in accordance with law and it stated that—
- The State Government and the Assam State Commission for Protection of Child Rights shall strictly adhere to the provisions of the Commission for protection of Child Rights Act, 2005 while conducting inquiries into cases relating to child rights violence.
- The Government through the Assam State Commission for Protection of Child Rights shall conduct immediate training on child rights inquiry procedures for all stakeholders;
- The Assam State Commission for Protection of Child Rights shall only exercise power which is granted by the Act and shall act as per the limited jurisdiction that has been provided for protection in Child Rights Act, 2005, and shall not involve or engage itself in inquiry and shall not investigate or attempt to gather material;
- State Government and Assam State Commission for Protection of Child Rights shall pursue any such incident reported to it in accordance with the provisions of the act and shall take all necessary steps to protect the right of the child who has suffered either sexual abuse or violence and shall take appropriate legal steps as envisaged under different acts;
- The State Government and Assam State Commission for Protection of Child Rights shall file a report of any such incident and the steps taken, including the inquiry, made and the result of that inquiry, to the Juvenile Justice Committee of Gauhati High Court every six months, i.e. twice in a year
- Appearing for the parties, H.K. Das, Standing Counsel for the Gauhati High Court, D. Nath, Senior Government Advocate, Assam for the State respondents, and K. Goswami, Senior Counsel assisted by A. Sandilya for Miguel Das Queah.
