The Allahabad High Court recently underscored the critical importance of enforcing statutory rights for child victims under the Protection of Children from Sexual Offences (POCSO) Act, highlighting that the realization of these rights is essential to ensure victims can engage with the legal process on equal footing.
While hearing a bail plea in a child abuse case, the court expressed concern that a minor victim was not informed of her rights, as required by the POCSO Act. The court found that no support person or legal aid was provided, and the State had failed to give the victim access to necessary services such as government welfare schemes, medical care, or counseling.
Justice Ajay Bhanot, presiding over the case, emphasized that child victims of sexual abuse are among the most vulnerable citizens, often hindered by trauma, poverty, social marginalization, and a lack of legal awareness. He stressed that the POCSO Act’s support systems must be rigorously implemented to empower victims in their pursuit of justice.
The court reminded authorities, including the police, Child Welfare Committees (CWC), District Legal Services Authorities, and medical bodies, of their legal obligation to provide essential services to child victims. Justice Bhanot also noted that courts must ensure the enforcement of victims' rights throughout the trial process, not just during bail proceedings.
In this case, the court denied bail to Rajendra Prasad, who has been in custody since November 2022, accused of trafficking his 14-year-old daughter for sexual exploitation. The court cited the victim's vulnerability and her identification of Prasad as the primary offender in its decision to reject his bail application.
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