Yesterday, the Supreme Court of India has issued a guidelines regarding the appointment of "support persons" for victims under the POCSO Act, including specifications regarding their qualifications. The Court also instructed the formulation of guidelines for their appointment.

As per the POCSO Rules, Child Welfare Committees (CWC), on receiving a report under sub-section (6) of section 19 of the Act or on the basis of its assessment, and with the consent of the child and child’s parent or guardian or other person in whom the child has trust and confidence, may provide a support person to render assistance to the child in all possible manner throughout the process of investigation and trial. Support person has been given responsibilities under the POCSO Rules, 2020 for ensuring the best interest of the Child such as,

• render assistance to the child in all possible manner throughout the process of investigation and trial [Rule – 4(8)];
• provides monthly report till the completion of trial, with respect to condition and care of child, including the family situation focusing on the physical, emotional and mental wellbeing, and progress towards healing from trauma, engage with medical care facilities, in coordination with the support person, to ensure need-based continued medical support to the child, including psychological care and counseling, and shall ensure resumption of education of the child, or continued education of the child, or shifting of the child to a new school, if required [Rule- 4(12)];
• inform about the developments, including the arrest of the accused, applications filed and other court proceedings [Rule- 4(13)];
• provide following information to the child and child’s parents or guardian or other person in whom the child has trust and confidence 

Case Brief -

In the said matter, the division bench of Justices S. Ravindra Bhat and Aravind Kumar, was hearing a petition filed by Bachpan Bachao Andolan. The petition raised concerns regarding the protection afforded to victims under the Protection of Children from Sexual Offences (POCSO) Act.

Key Directives by the Supreme Court include-

1. Reporting Mechanism Establishment

2. Standard Operating Procedure (SOP)

3. Role of Support Persons

4. Remuneration of Support persons to be commensurate with Qualification and Experience

5. Model Guidelines and Precedent Consideration

6. Comprehensive Victim Support

7. Role of Support Institutions

8. State's Responsibility for Implementation

In its concluding remarks, the Supreme Court directed the concerned authorities to comply with these directives by October 4, 2023.

Furthermore, the Ministry of Women and Child Development has been entrusted with the task of notifying the National Commission for Protection of Child Rights (NCPCR) about the judgment and its obligations. NCPCR is also required to file a status report on the framing of the necessary guidelines.

Case title: Bachpan Bachao Andolan v. Union of India