Supreme Court Mandates Appointment of Support Persons for Child Sexual Abuse Victims Across India

In a recent order, the Supreme Court of India has directed States and Union Territories to compulsorily appoint support persons for the victims of child sexual abuse as per the Guidelines prepared by the National Commission for Protection of Child Rights (NCPCR). A Division Bench comprising Justice B.V. Nagarathna and Justice Nongmeikapam Kotiswar Singh also directed all States and UTs to submit a compliance report in 4 weeks based on the NCPCR Guidelines regarding the appointment, qualification and duties of Support Persons in the Protection of Children from Sexual Offenses (POCSO) cases. This Supreme Court order will benefit over 2.5 lakh victims of the pending POCSO cases across the country.

The petition, which was filed by Bachpan Bachao Andolan, had sought the implementation of child-friendly and child-protection Guidelines in the wake of the 2022 Lalitpur incident in Uttar Pradesh when a 13-year-old child was gang raped for over five months including by a police official when she approached the police station to file a complaint.

Welcoming the Supreme Court order which will smoothen the legal journey of the child victims of sexual abuse, NCPCR Chairperson Priyank Kanoongo said, “It’s a remarkable step as NCPCR’s Guidelines on support persons have been approved by the apex court. Now, the response of the State Governments and UTs regarding the implementation of the Guidelines of NCPCR is crucial.”

The compulsory appointment of support persons was proposed by noted child rights activist and lawyer Bhuwan Ribhu in an application filed in 2022. Terming the order as a game changer, Bhuwan Ribhu said, “This is a landmark order as poor, clueless victims will no longer be alone or vulnerable. They now have someone to help them navigate through the complex legal process, provide them with the crucial psychological first aid they need, ensure witness and victim protection and fight for their rehabilitation and compensation. This is a huge victory for them who are on a journey of transformation from being a victim to a survivor.”

The Apex Court has instructed State governments and Union Territories to implement the Model Guidelines which were proposed by the as formulated by the NCPCR which establish a uniform standard of qualification, requiring individuals to hold a postgraduate degree in Social Work, Sociology, Psychology, or Child Development. Alternatively, candidates with a graduate degree and a minimum of three years of experience in child education, development, or protection issues are also eligible.

The NCPCR had proposed comprehensive guidelines that have now been approved. The Guidelines emphasize that a uniform policy should be framed eventually leading to a panel of such persons in the concerned Ministry at the appropriate stage. Also, there should be reasonable remuneration to be paid to the support persons commensurate with the work and functions to be discharged by them.

Apart from this, the creation of an All India Portal will be accessible to all individuals and child protection machinery such as Juvenile Justice Boards (JJBs) and Child Welfare Committees (CWCs). This portal will provide a comprehensive list of all support persons available in each State and Union Territory. Each State will also maintain a panel of NGOs and support persons whose services can be utilized by CWCs and JJBs. This initiative aims to streamline access to support services and enhance coordination among child protection agencies.

The Apex Court in its order also directed the National Legal Services Authority (NALSA) to file a compliance report on the appointment of Para Legal Volunteers in every police station across the country.

Earlier, the Apex Court in August 2023 had underlined that the State must provide Support Persons as per the POCSO Act to child victims of sexual offences and that the appointment of support persons cannot be made optional.