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THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT,2012. Introduction. “The POCSO Act, 2012 looks into a support system for children through a child friendly atmosphere in the criminal justice system with the help of CWC and Support Person.”. Support Person.
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Introduction “The POCSO Act, 2012 looks into a support system for children through a child friendly atmosphere in the criminal justice system with the help of CWC and Support Person.”
Support Person “(f) Support Person means a person assigned by a Child Welfare Committee, in accordance with sub-rule (8) of Rule 4, to render assistance to the child through the process of investigation and trial, or any other person assisting the child in the pre-trial or trial process in respect of an offence under the Act.” 3
Appointment of Support Person • Support person will act as a guardian for a child. • Can be a useful intermediary between the authorities and the child. • Will provide information, emotional and psychological support and practical assistance from a crucial recovery of a child. • Cope up with the Strain the child of any criminal proceedings.
Rule 4 (2) • Duty of police official to report and offence. • Inform a child & his/her parents in whom child has trust and confidence about the provision of support services. • Counseling • Assist them in contacting the person responsible for providing these services. • Engaging support person to help his/her family through trail, pre-trail process and assist them in accessing these services.
Rule 4 (7) • CWC on receiving report under 19(6) or on the basis of sub – rule 5 the provision of providing Support Person to the child and his family trail and investigation services. • The support person ,may be appointed by Child Welfare Committee or by the child and his/her family themselves.
Support Person The DCPU & CWC shall maintain a list of persons/NGOs who may be appointed as support person to assist the child. • Person working in the field of child rights/ child protection. • NGO or other organization working in the field of child rights/ child protection. • CHILDLINE • Officials of Children Home or Shelter Home • Person employed by DCPU, including: * Legal cum – Probation Officer * Social Worker * Outreach worker * Counsellors
Rule 4 (10) • The services of Support Person may be terminated by CWC upon the request by the child and his parents or guardian in whom the child has trust and confidence, and the child requesting the termination shall not be required to assign any reason for such termination. • The special court shall be given in writing such information.
What is the role of the Child Welfare Committee (CWC) under the POCSO Act? • If the police/SJPU report indicates that a child is in need of care and protection, the CWC should decide whether the child needs to be removed from the custody of his family and placed in a children’s home/shelter, within three days. • The family and custodian of the child must be informed that such a process in underway. The CWC must also consider the preference of the child and the need for the child to remain with family (in case of age, disability etc).
Training of Support Person • The support person should have basic training in communicating and assisting children in different ages and background to prevent the risk of re-victimization. • Must have understanding of Legal and Court Procedures under POCSO. • Able and willing to render concrete support to child and facilitate active participation and not disturbing the proceedings. • Ensure that DCPU arrange the periodic training of Support Persons and their engagement with CWCs.
Role and Function of Support Person • Support person should provide the immediate requirements such, as food, clothing or medicines. • Support person should accompany the child for the medical examination. • Support person should accompany the child for recording of FIR. • Support person shall create a report of the child’s case noting the details of the crime as well as the Child’s personal information. • Support person should help in providing the compensation to the victim. • Help in the rehabilitation of the victim to recover from the incidence.
Contd…. • Support person must be present in the court room during the trail and should accompany the child to the witness stand. • Support person shall keep all the information pertaining to the case confidential. • The prosecution, Police, Judge and CWC’s shall cooperate with the support person and provide him/her with the relevant information as and when necessary. • After the termination of the support person the CWC can appoint another support person to the child and his/her parents or guardian. • Investigating Officer ( IO) should update the support person about the progress of investigation at least once a week.
Rehabilitation • Child Welfare Committee (CWC) will see short and long term rehabilitation of the child. • The Act also has provision of fine and compensation, which is to be decided by the Court. • The Act provides a special rehabilitation scheme for child victim.
Monitoring • The National Commission for the Protection of Child Rights (NCPCR) and State Commissions for the Protection of Child Rights (SCPCRs) have been made the designated authority to monitor the implementation of the Act.
Conclusion • The POCSO ACT looks into support system of children through a friendly atmosphere in the criminal justice system with the existing machinery i.e. the CWC and the commission. The positive aspect is the appointment of the support person for the child who would assist during investigation,pre trials and post trials. The major challenge also would be convergence between different entities under different legislations. The act makes it mandatory to report to the police about any offence defined under POCSO Act, 2012.
