‘Sexually abused minors most vulnerable; Legal rights key to empowerment: Allahabad HC denies bail to man accused of trafficking daughter

The Allahabad High Court recently emphasized the crucial importance of ensuring legal rights for child victims under the Protection of Children from Sexual Offenses (POCSO) Act, stating that realization of these rights is key to empowering them to participate fairly in the legal process. foot.

During the hearing on a bail application in a child abuse case, the court expressed concern that the victim, despite being a minor entitled to multiple protections under the POCSO Act, had not been informed of her rights . The files showed that no support person or legal aid was provided, and that the state failed to ensure that the victim had access to government schemes, medical care or counseling services.

Justice Ajay Bhanot noted that children who are victims of sexual abuse are among the most vulnerable class of citizens. They are often hampered in their pursuit of justice by conditions such as trauma, social marginalization, poverty and a lack of legal awareness, the report said.

The court noted that without the support systems guaranteed under the POCSO Act, child victims cannot effectively prosecute their cases.

The court emphasized that empowering these victims is crucial to breaking down the barriers that hinder their quest for justice, and this can only be achieved by ensuring the enforcement of their legal rights, the single judge emphasized.

The court further emphasized that authorities – including the police, child welfare committees (CWC), district legal services authorities and medical and administrative agencies – are required under the POCSO Act to provide victims with essential support services such as legal aid, medical specialists and access to government social services.

The court also noted that the responsibility lies with the courts/magistrates reviewing bail applications in POCSO crimes to ensure that the rights of the victims are safeguarded and that the rights conferred by the said law are enforced.

Justice Bhanot pointed out that the rights and entitlements of victims under the POCSO Act must be safeguarded not only during the bail proceedings but throughout the trial process.

He stressed that child welfare committees, medical authorities and police officers should be brought under the jurisdiction of the courts to ensure that they fulfill their statutory duties.

These agencies must submit reports detailing support provided to victims, and courts are legally required to review these reports and ensure compliance with the POCSO Act, the court pointed out.

“The above mandate of the POCSO Act must be strictly followed and diligently implemented,” the court said.

The court warned that the current implementation is inadequate and risks frustrating the legislative intent behind the law. “Legislation cannot be reduced to a dead letter by the apathy of legal authorities,” the report said.

Accordingly, the court directed the Secretary of the Ministry of Women and Child Development of Uttar Pradesh to create standardized formats for the reports to be submitted by the child welfare committees during bail hearings.

These reports should detail support provided to victims, including advice, legal aid and access to government schemes. The court also ordered that regular training programs be conducted for CWC members to ensure compliance with the law.

In the present case, the court refused bail to Rajendra Prasad, who is accused of trafficking his 14-year-old daughter for sexual exploitation.

Prasad, who was in custody since November 2022, had applied for bail under Sections 376 and 120B of the Indian Penal Code and Sections 16 and 17 of the POCSO Act.

The court rejected his bail application citing the vulnerability of the victim and the fact that she had identified Prasad as the main perpetrator who had trafficked her for money.