The High Court of Gauhati has directed the state government and the Assam State Commission for Protection of Child Rights to file reports of incidents related to violations of the POCSO Act and the juvenile justice committee of the HC every six months.
An incident came before the division bench of Chief Justice RM Chhaya and Justice Soumitra Saikia, where three girls were subjected to sexual and physical abuse by the superintendent. These girls were prisoned in children’s home in Sivasagar District and due to such violence and abuse one of the victims attempted to kill herself in 2018.
The girls were deliverance and on their statements the accused, the superintendent of the shelter home, Parag Goswami, and the house-mother Gita Kakati were arrested under various sections of the Indian Penal Code (IPC) and the POCSO Act.
The trial court had acquitted the accused of all charges.
Miguel Das Queah, the CWC who was appointed as a support person brought an essential notice before the court.
As the provisions of POCSO act were already added in the FIR, were removed at the time of submission of charge sheet and due to which the trial was conducted before a regular court which totally a violation of the child’s rights.
Later on, the court, prima-facie found the ignorance of the situation which resulted in the violation of the child therefore, directed the Additional Superintendent of Police, and thereafter, the Police submitted an additional charge sheet adding the provision of POCSO.
The case was further tried before the Special Judge of POCSO, Sivsagar, and other related issues were looked into that were involved in the PIL.
The accused were acquitted by the police and hearing were held on December 22, wherein D. Nath, Senior Government Advocate, apprised the court that the state already filed an appeal.
Mr. Kaushik Goswami, Sr. Counsel pleased the court to issue directions as trial has not been conducted in a proper manner by the prosecution.
The State Government shall pursue the appeal in accordance with law and it stated following directions:
- The State Government and the Assam State Commission for Protection of Child Rights (ASCPCR) shall strictly adhere to the provisions of the Commission for protection of Child Rights Act, 2005 while conducting enquiry into case relating to child rights violence.
- for Protection of Child Rights shall conduct immediate training on child rights enquiry procedure for all stake-holders;
- shall only exercise power which are 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 into enquiry and shall not investigate or attempt to gather material;
- 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;
- shall file a report of any such incident and the steps taken, including the enquiry made and the result of that enquiry, to the Juvenile Justice Committee of Gauhati High Court every six months, i.e., twice in a year.
CONCLUSION:
The step taken by the court by issuing guidelines to the state will prove to be beneficial, in the protection of the child’s rights. This will also act safeguard the child from getting abused, sexually and physically. The urgency of reporting the position of the situation regarding the violence against the child, will make ensure that the police of the state and the concerned court will take the initiative of carrying out the trial, as soon as possible and prevent the child from such heinous and dark environment. This will further ensure the child’s security at its priority and supreme.
BY: AYUSHI BHUSHAN, 1ST YEAR, BA.LLB(INTEGRATED), BANASTHALI UNIVERSITY, RAJASTHAN
