Understanding the POCSO Act
The Protection of Children from Sexual Offences (POCSO) Act, 2012, is the central law that safeguards minors from sexual offences. It covers penetrative and non-penetrative assault, sexual harassment, and pornography. The Act mandates child-friendly procedures for reporting, recording evidence, investigation, and trial.
First Response and Medical Help
When a child is a victim of rape, the immediate step is to ensure the child’s safety and seek emergency medical care. Under Section 357C of the CrPC, hospitals (private and public) must provide free treatment to rape victims, including minors. Consent for medical examination is obtained from the child’s guardian or the child if they're above 12 and capable of understanding.
Filing the FIR: What You Need to Know
Under Section 19 of the POCSO Act, any person aware of the offence must report it. The police must file an FIR immediately. There is no requirement for the child or family to provide extensive evidence at this stage. A woman police officer (preferably trained in child protection) should record the statement in a safe environment. Statements must be in simple language, without pressure.
Role of Police and Investigating Officers
The police must inform the Child Welfare Committee (CWC) and Special Juvenile Police Unit (SJPU) within 24 hours. They should also arrange for the child’s medical examination within 24 hours and ensure psychosocial support. They must ensure the child is not made to meet the accused or face intimidating procedures.
Court Process: Child-Friendly Procedures
Special POCSO courts are established for speedy and sensitive trials. Key procedures include:
- The child’s identity is kept confidential (Section 33(7) POCSO Act).
- In-camera trials are mandatory.
- Support persons or NGOs may be appointed by the court to assist the child.
- Cross-examination should not be aggressive or hostile.
POCSO mandates that the trial should ideally be completed within 1 year.
Legal Aid and Survivor Support
Minor survivors and their families are entitled to support at multiple levels:
- Legal Services Authorities (LSA): Provide free legal representation and assistance throughout the case.
- Compensation Schemes: The Nirbhaya Fund and state-specific victim compensation schemes can offer financial support for recovery and rehabilitation.
- Psychological Counseling: Available through government hospitals and registered NGOs, with trained professionals to assist trauma recovery.
- NGOs: Organizations like Majlis Legal Centre, Breakthrough, Shakti Shalini, and CHILDLINE (1098) provide medical, legal, emotional, and logistical support.
Conclusion
Helping a minor victim of rape involves acting quickly, compassionately, and with awareness of the legal process. The POCSO Act provides a powerful legal framework, but implementation depends on active participation by the police, judiciary, family, and civil society. Awareness of your role and the survivor’s rights can make all the difference.
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