Chief Justice of India J S Khehar’s bench directed high court chief justices of 12 states and two Union territories to take “suo motu” action and appoint “Special Public Prosecutors” to deal with cases of crime against children.
The court also directed the high courts to create child friendly atmosphere for the victims under the Protection of Children from Sexual Offenses (POCSO) Act.
“We are satisfied that the issue is extremely important and needs immediate implementation of the Act…We consider it most appropriate to direct chief justices of high courts to appoint independent PPs under the POCSO Act.”
Section 32 of the POCSO Act says that the State Government shall, by notification in the Official Gazette, appoint a Special Public Prosecutor for every Special Court for conducting cases under the Act.
The PIL was filed by Advocate Gaurav Bansal seeking directions for implementation of the Act.
The Petitioner alleged that the State Governments have failed to provide speedy trial of POCSO Cases, friendly Atmosphere in Courts, independent Public Prosecutors etc. as prescribed under various provisions of the POCSO Act- 2012 and as such have failed to protect the innocent victims (Generation Next) from the sexual abuse.
The Petitioner also submitted that that innocent Child victims of sexual abuse needs special care and protection, hence it is the duty of Respondents to provide all kind of basic support and infrastructure needed for their protection.
“Section 36 of the POCSO Act requires the Special Court to ensure that the Child Victim is not exposed to the accused at the time of recording the evidence and for the said purpose the evidence can be recorded by way of using Single Visibility Mirror curtains or any other such device. However, it is a matter of shame that the Respondents have failed to provide the Structural design in most of the POCSO courts which can ensure that the Child Victim is not exposed to the accused”, states the Petition.
He cited the states Gujarat, Himachal Pradesh, Tamil Nadu, Tripura, Nagaland, Haryana and union territories Puduchery and Andaman and Nicobar have not implemented the POCSO Act.
Issue Writ of Mandamus against the Respondents to appoint Independent Public Prosecutors as defined under Section 32 of the Protection of Children from Sexual Offences act- 2012.
Issue Writ of Mandamus against the Respondents to convert the Special Courts constituted under Section 28 of the POCSO Act into “Exclusive Court” for hearing cases registered under POCSO ACT – 2012 only.
Issue Writ of Mandamus against the Respondents to provide all the necessary infrastructure in Courts so that Child friendly atmosphere can be provided to the Innocent Child victims.
Issue appropriate Writ/Order/Direction to the Respondents to implement the provisions of the Protection of Children from Sexual Offences Act-2012.