Crimes against children: SC seeks response on petition to sensitise police

The PIL had cited the gang rape of a 13-year-old girl in Uttar Pradesh in November last year who had to wait for five months for her complaint to be registered.

The Supreme Court on Wednesday sought responses from all states and Union territories on a public interest litigation (PIL) filed by Nobel laureate Kailash Satyarthi’s organisation Bachpan Bachao Andolan (BBA) highlighting the need for having para legal volunteers in all police stations to facilitate filing of rape complaints and other crimes against children.

A bench of justices Indira Banerjee and V Ramasubramanian said, “If you see the plight of some of these children who have met such fate, it will bring tears to your eyes.” (HT Archive)

The PIL had cited the gang rape of a 13-year-old girl in Uttar Pradesh in November last year who had to wait for five months for her complaint to be registered. During this period, the girl was kidnapped and again gangraped by the same accused along with two other men. When she went to report the gangrape to the police, the station house officer (SHO) of the police station in Lalitpur district of Uttar Pradesh raped her a third time within the premises of the police station.

A bench of justices Indira Banerjee and V Ramasubramanian said, “If you see the plight of some of these children who have met such fate, it will bring tears to your eyes.” Posting the matter for September 1, the court directed notices to be issued to all states and union territories as the issue was raised in public interest.

As regarding the 13-year-old survivor, the bench asked the National Legal Service Authority (NALSA) to depute a person, preferably a judicial officer who can meet the victim and counsel her while knowing her present condition, rehabilitation and safety. NALSA lawyer Gaurav Agrawal told the court that NALSA will arrange for a trained counsellor, preferably a lady judicial officer to visit the victim. On the aspect of para legal volunteers, he said that these volunteers face extreme hardship in visiting jails.

The petition pointed out several lacunae in the registration of complaints, threat and intimidation faced by families, lack of timely payment of compensation to minor rape victims and delay by Protection of Children from Sexual Offences (POCSO) courts to deal with complaints for registration of first information reports (FIR) even in case of heinous offences.

This was evident in the trauma undergone by the 13-year-old survivor and her family. After police failed to register her complaint of gang rape on November 7, 2021, her mother moved the POCSO court on November 24 for registration of FIR. For months, her case remained pending in court till the police — during which period she suffered more trauma of being raped twice — registered the FIR in May this year.

Senior advocate HS Phoolka who appeared for the PIL petitioner told the court that despite a specific direction of the Supreme Court in May 2013 for appointment of para legal volunteers in each police station to assist in offences against children, no action has been taken by states. He said that the survivor expected no justice to be done in the state and the trial of her case ought to be shifted to Delhi.

The UP government represented by additional advocate general (AAG) Garima Parshad told the court that the family of the survivor was not in favour of shifting the trial. The court told Parshad, “If you are in charge of law and order, then these persons should be inside jail.”

The plea by BBA filed through advocate Jagjit Singh Chabra also highlighted how minor victims were deprived of timely compensation as states have not framed any scheme on calculation, award and disbursement of compensation despite the top court ruling in November 2019 directing states to consider framing a scheme for compensation, rehabilitation, welfare and education of POCSO victims. The petition also demanded direction to judicial officers to take immediate action on applications filed for registration of FIR and payment of compensation.

The victim in the present case had not received any compensation. The petition said, “Owing to untimely action or inaction by law enforcement agencies, innocent children suffer.” Citing the present instance, the NGO told the court, “Not only the police department failed to perform its cardinal duty to register an FIR for an offence of gang rape, but also traumatized and re-victimized the victim and her family by constantly threatening her and also raping the victim within the premises of the police station.”

ON August 5, the court had issued notice only to the UP government, NALSA and National Human Rights Commission. The NHRC had taken suo moto cognizance of the victim’s plight in May this year and sought responses from the state director general of police and chief secretary.