LexALAKH ALOK SRIVASTAVA versus UNION OF INDIA & ORS.
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A B C D E F G H 972 SUPREME COURT REPORTS [2018] 6 S.C.R. ALAKH ALOK SRIVASTAVA v. UNION OF INDIA & ORS. (Writ Petition (C) No. 76 of 2018) MAY 01, 2018 [DIPAK MISRA, CJI, A. M. KHANWILKAR AND DR. D. Y. CHANDRACHUD, JJ.] Protection of Children from Sexual Offences Act, 2012 (POCSO) – Implementation of – Keeping in view the protection of the children and the statutory scheme conceived under the POCSO Act, directions issued so that the legislative intent and the purpose are actually fructified at the ground level – Held: (i) The High Courts to ensure that the cases registered under the POCSO Act are tried and disposed of by the Special Courts and the presiding officers of the said courts are sensitized in the matters of child protection and psychological response; (ii) The Special Courts be established, if not already done, and be assigned the responsibility to deal with cases under the POCSO Act; (iii) Instructions be issued to the Special Courts to fast track the cases by not granting unnecessary adjournments and complete the trial in a time-bound manner or within a specific time frame under the POCSO Act; (iv)The Chief Justices of the High Courts to constitute a Committee of Judges to regulate and monitor the progress of the trials under the POCSO Act; (v) The Director General of Police or the officer of equivalent rank of the States to constitute a Special Task Force which shall ensure that the investigation is properly conducted and witnesses are produced on the dates fixed before the trial courts; (vi) Adequate steps to be taken by the High Courts to provide child friendly atmosphere in the Special Courts keeping in view the provisions of the POCSO Act so that the spirit of the Act is observed. Protection of Children from Sexual Offences Act, 2012 (POCSO) – The Statement of Objects and reasons of the Act – Discussed. Eera through Dr. Manjula Krippendorf v. State (NCT of Delhi) and another 2017 (8) SCALE 112; [2018] 6 S.C.R. 972 972 A B C D E F G H 973 M.C. Mehta v. State of T.N. and others (1996) 6 SCC 756 : [1996] 9 Suppl. SCR 726; Supreme Court Women Lawyers Association (SCWLA) v. Union of India and another (2016) 3 SCC 680 : [2016] 1 SCR 207 – referred to. Case Law Reference 2017 (8) SCALE 112 referred to Para 12 [1996] 9 Suppl. SCR 726 referred to Para 19 [2016] 1 SCR 207 referred to Para 20 CIVIL ORIGINAL JURISDICTION: Writ Petition (Civil) No. 76 of 2018. Under Article 32 of the Constitution of India. Alakh Alok Srivastava, (Petitioner-in-person), Ms. Harpreet Kaur, Kedar Nath Tripathy, Advs. for the Petitioner. Ms. Pinky Anand, ASG, R. Balasubramanian, Ms. Swarupma Chaturvedi, Ms. Snidha Mehra, Ms. Aarti Sharma, Santosh Kr. Vishwakarma, Ms. Arunima Dwivedi, Ms. Saudamini Sharma, M.K. Maroria, Gurmeet Singh Makker, Sibo Sankar Mishra, Ms. Sutapa Sarangi, Ms. S.S. Sen, Advs. for the Respondents. The Judgment of the Court was delivered by DIPAK MISRA, CJI. 1. The instant Writ Petition initially raised two issues, first, the treatment of an eight month old female child who had become a victim of a crime committed under the Protection of Children from Sexual Offences Act, 2012 (for brevity, ‘the POCSO Act’) and the second, speedy trial and monitoring of the trials under the POCSO Act in a child friendly court regard being had to the letter and spirit of the provisions contained in the said Act. 2. The first prayer was dealt with vide orders dated 31st January, 2018, 1st February, 2018 and 12th March, 2018. It is necessary to note here that regard being had to the health condition of the child, a team of doctors from the All India Institute of Medical Sciences (AIIMS) was sent to visit the patient at Kalawati Saran Children Hospital. That apart, a direction was issued to the authorities of the Delhi State Legal Services Authority to accompany the team of doctors. ALAKH ALOK SRIVASTAVA v. UNION OF INDIA A B C D E F G H 974 SUPREME COURT REPORTS [2018] 6 S.C.R. 3. A team of doctors along with the competent authority of the Delhi State Legal Services Authority examined the victim and submitted a report. The relevant part of the report reads as follows:- “Examination revealed 8 month old female infant alert and active, sharing bed with another girl child. She was breast feeding with normal vital signs (HR 120/min, Respiratory rate 32/min, no distress, saturation 98% on room air, temperature 36.8 C). Her weight was 5.6 kilogram and physical appearance looks normal. Systemic examination did not reveal any abno
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