Who is a “support persons” in POCSO cases? Why is SC seeking response from states on it?

The Supreme Court (SC) has sought responses from the state governments on the appointment of "support persons" for the victims of child sexual abuse as per the guidelines prepared by the National Commission for Protection of Child Rights (NCPCR). This was stated in a report. This was stated in a report by PTI.

A bench of Justices BV Nagarathna and N Kotiswar Singh, which listed the matter for hearing on October 22, directed the states to file their compliance report on the implementation of the NCPCR guidelines framed as per the order dated August 18, 2023, within four weeks.

"In the circumstances, the state governments are directed to submit their response to the SOP/Guidelines framed by the NCPCR vis-a-vis their implementation to NCPCR within four weeks from today," the apex court said in its order of July 30 on a plea filed by a non-profit organisation (NGO) Bachpan Bachao Andolan.

Who is a support person?

A "support person" is a person assigned by the Child Welfare Committee (CWC) to help a child victim through the process of investigation and trial.

Furthermore, during the hearing, the counsel appearing for the NCPCR had submitted that the directions issued by this court dated August 18, 2023, are in the process of being implemented and the state governments, some of which have not responded, would have to respond.

The council said the state governments will have to implement the Standard Operating Procedure (SOP)/Guidelines, which have been formulated by NCPCR and therefore, the response of the state governments regarding the implementation of the SOP/guidelines of NCPCR is crucial.

On August 18 last year, the top court said true justice in cases of crimes against children is achieved not merely by apprehending the culprit or the severity of punishment meted out but by the support and security provided to the victim.

In addition, it had made the observations while issuing a slew of directions on the appointment of support persons under the POCSO Act. The apex court had directed the Centre and the NCPCR to frame guidelines on the same.

"This shall include the number of cases, where support persons have been engaged in trials and inquiries throughout the state. The information should also reflect whether they were from the District Child Protection Unit (DCPU) directory, or with external help from an NGO," the top court had said.

It had said the support and care provided through state institutions and offices is vital during this period.

The top court had observed that justice can be said to have been approximated only when the victims are brought back to society, made to feel secure, and their worth and dignity restored.