Alakh Alok Srivastava vs Union of India & Ors.

Court

Supreme Court of India

Date

1 May 2018

Case No.

Writ Petition (C) No. 76 of 2018

Result

Disposed

Bench

Dipak Misra, D.Y. Chandrachud, A.M. Khanwilkar

Citation

[2018] 6 S.C.R. 972 : 2018 INSC 433

Headnote

Protection of Children from Sexual Offences Act, 2012 (POCSO) – Implementation of – Keeping in view the protection of the children and the statutory scheme conceived under the POCSO Act, directions issued so that the legislative intent and the purpose are actually fructified at the ground level – Held: (i) The High Courts to ensure that the cases registered under the POCSO Act are tried and disposed of by the Special Courts and the presiding officers of the said courts are sensitized in the matters of child protection and psychological response; (ii) The Special Courts be established, if not already done, and be assigned the responsibility to deal with cases under the POCSO Act; (iii) Instructions be issued to the Special Courts to fast track the cases by not granting unnecessary adjournments and complete the trial in a time-bound manner or within a specific time frame under the POCSO Act; (iv)The Chief Justices of the High Courts to constitute a Committee of Judges to regulate and monitor the progress of the trials under the POCSO Act; (v) The Director General of Police or the officer of equivalent rank of the States to constitute a Special Task Force which shall ensure that the investigation is properly conducted and witnesses are produced on the dates fixed before the trial courts; (vi) Adequate steps to be taken by the High Courts to provide child friendly atmosphere in the Special Courts keeping in view the provisions of the POCSO Act so that the spirit of the Act is observed. Protection of Children from Sexual Offences Act, 2012 (POCSO) – The Statement of Objects and reasons of the Act – Discussed.

Eera through Dr. Manjula Krippendorf v. State (NCT of Delhi) and another 2017 (8) SCALE 112;

M.C. Mehta v. State of T.N. and others (1996) 6 SCC

756 : [1996] 9 Suppl. SCR 726; Supreme Court Women Lawyers Association (SCWLA) v. Union of India and another (2016) 3 SCC 680 : [2016] 1 SCR 207 –

referred to.

The Judgment of the Court was delivered by DIPAK MISRA, CJI. 1. The instant Writ Petition initially raised two issues, first, the treatment of an eight month old female child who had become a victim of a crime committed under the Protection of Children from Sexual Offences Act, 2012 (for brevity, ‘the POCSO Act’) and the second, speedy trial and monitoring of the trials under the POCSO Act in a child friendly court regard being had to the letter and spirit of the provisions contained in the said Act. 2. The first prayer was dealt with vide orders dated 31st January, 2018, 1st February, 2018

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