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Prayagraj, 21 October (Hindustan Reporter). The Allahabad High Court stressed the importance of providing support to victims of sexual offenses under the POCSO Act who belong to the weaker section of the society. Justice Ajay Bhanot said that because these victims face multiple challenges, including mental trauma, social marginalization and lack of resources, which hinder their ability to access justice.
The court has given this order while rejecting the bail application of father Rajendra Prasad, accused of trafficking his 14-year-old daughter. The father is in jail since November 4, 2022. A case is registered against him in Chaubepur police station, Varanasi.
The Court said that therefore, statutory support systems like legal aid, medical care and counseling become necessary to effectively navigate and empower these children through the legal process.
The High Court said, “In the absence of support systems guaranteed by law, child victims of sexual offenses under the POCSO Act cannot effectively pursue their cases before a competent court… Empowerment of child victims of sexual offenses in their pursuit of justice. There is an essential need to overcome the obstacles. And this can be achieved as a result of their statutory rights. “Depriving child victims of sexual offenses of the rights afforded to them during court proceedings by the POCSO Act will defeat the legislative intent of the law and lead to miscarriage of justice.”
The court made these comments while denying bail to a man accused of trafficking his 14-year-old daughter for money. During the hearing of the case, the Court found that the victim was not informed about her rights to a support person and legal counsel.
In view of this, the Court in its order highlighted the responsibilities of various authorities including the Police, Child Welfare Committee, District Legal Services Authority, Medical Officer and District Administration Police, to ensure that such victims get their due. The High Court has directed to send a copy of this order to DG Police, ADGP Prosecution, Women and Child Development Lucknow.
