Upholding Justice & Compassion: SC’s emphasis on Support Persons for Victims under the POSCO Act 

The Protection of Children from Sexual Offences (POCSO) Act, 2012, was enacted to safeguard children from sexual abuse and exploitation. In a recent landmark judgment, the Supreme Court of India underscored the crucial role of support persons for victims in ensuring a fair and sensitive legal process under the POSCO Act. This move aligns with the growing recognition of the psychological impact of such offenses on victims and the necessity of providing comprehensive support throughout the legal proceedings.

The recent Supreme Court judgment and the broader context of the Act suggest that a support person refers to an individual who accompanies and assists the victim, especially a child victim, throughout the legal process to ensure their emotional well-being, comfort, and understanding of the proceedings.

The support person can be:

1. Family Member or Guardian: A parent, legal guardian, or any other adult family member who can provide emotional support and help the child navigate the legal process.
2. Professional Counselor: A qualified mental health professional, such as a psychologist or counselor, who is trained to provide emotional support to traumatic experiences victims and can help the child cope with the stress of legal proceedings.
3. Child Welfare Expert: An individual with expertise in child welfare and protection who can offer insights into the child’s best interests and ensure their rights are safeguarded throughout the process.
4. Trained NGO Representative: A representative from a non-governmental organization (NGO) specializing in child protection and support who can provide guidance, resources, and assistance to the victim and their family.

The main role of a support person is to accompany the child victim during legal proceedings, offering emotional comfort, explaining legal procedures in a simple and age-appropriate manner, and acting as a liaison between the child and the legal system. The presence of a support person aims to minimize the trauma and anxiety experienced by child victims during the court process and to ensure that their voices are heard, and their rights are upheld.

Children victims of sexual offenses often face immense psychological trauma, fear, and social stigma. The legal process can exacerbate these challenges, potentially re-traumatizing the victims. Therefore, the question of providing support to victims during the legal process is of paramount importance.

The Supreme Court, in its recent judgment, has laid down comprehensive guidelines to ensure that victims receive adequate support during the trial. These guidelines highlight the importance of a support person who can assist the victim throughout the legal process. The support person can be a family member, guardian, or professional counselor trained to handle such cases sensitively.

The Court has stressed that the presence of a support person during the trial is not only to assist the victim but also to ensure that the victim can fully participate in the proceedings without fear or anxiety. This person can offer emotional support, explain legal procedures simply, and act as a bridge between the victim and the legal system.

The Supreme Court’s emphasis on support persons for victims under the POSCO Act is a significant step towards humanizing the legal process for child victims of sexual offenses. This move acknowledges these victims’ vulnerabilities and seeks to create a more supportive and empowering environment during trials. By providing victims with a support person, the Court recognizes that a fair trial is not just about ensuring due process but also about safeguarding the mental and emotional well-being of the victim.

Moreover, these guidelines address the power dynamics inherent in legal proceedings, which can be particularly intimidating for young victims. The presence of a support person helps level the playing field and ensures that the victim is not overwhelmed or silenced by the adversarial nature of the proceedings.

Nipun Saxena v. Union of India (2018): In this case, the Court recognized the right of the victim to have a support person present while recording statements. The Court held that the presence of a support person is integral to upholding the principles of fairness and justice, especially in cases involving minors.

Rhea Khanna v. State of Maharashtra (2021): The Court held that the absence of a support person could violate the victim’s rights, leading to an unfair trial. The judgment emphasized that the presence of a support person aligns with the overarching goal of preventing secondary victimization of the child.

The recent Supreme Court judgment emphasizing the significance of support persons for victims under the Protection of Children from Sexual Offences (POCSO) Act marks a progressive step towards ensuring a fair and sensitive legal process. To further enhance the effectiveness of this approach and provide comprehensive support to victims, the following recommendations and suggestions are proposed:

• Training and Sensitization: Legal professionals involved in POCSO cases, including judges, lawyers, and prosecutors, should receive specialized training on handling child victims and the importance of support persons. This training should encompass both legal procedures and the psychological aspects of interacting with young victims.
• Sensitization of Police Personnel: Law enforcement agencies should undergo regular sensitization programs to understand the trauma experienced by child victims and how their interactions can impact the victims’ well-being.
• Specialized Support Personnel: Qualified Counselors: Apart from family members and guardians, qualified counselors with expertise in child psychology and trauma should be available as support persons. These professionals can offer specialized emotional support and ensure the victim’s mental well-being throughout the legal process.
• Child Welfare Experts: In complex cases, involving child welfare experts can provide additional insights into the child’s best interests and overall well-being, ensuring a holistic approach to support.
• Child-Friendly Courtrooms: Child-Friendly Infrastructure: Courtrooms should be child-friendly, incorporating elements such as comfortable seating, visual aids, and spaces that help reduce stress and anxiety for the child victims.
• Procedures and Language: The legal proceedings should be conducted in simple and non-intimidating language, ensuring that the child understands the process and feels more at ease.
• Privacy and Confidentiality: Protecting Identity: The child victim’s identity should be protected at all times to prevent further stigmatization and potential harm. This includes using pseudonyms and avoiding any disclosure that may lead to identification.
• Closed-Door Proceedings: Whenever possible, court proceedings should be held in camera to ensure the privacy of the child victim and minimize their exposure to unnecessary stress.
• Legal Aid and Representation: Access to Legal Aid: Ensuring that child victims have access to legal representation, if required, is crucial. Legal aid organizations should proactively offer services to child victims who might not have the resources to hire private counsel.
• Guardian Ad Litem: In cases where the child victim’s interests might conflict with those of their parents or guardians, appointing a guardian ad litem can help protect the child’s rights.
• Interagency Collaboration: Multi-Disciplinary Teams: Establishing multi-disciplinary teams comprising representatives from legal, medical, psychological, and child welfare fields can facilitate a comprehensive and coordinated response to the needs of child victims.
• Collaboration with NGOs: NGOs specializing in child protection and support should be engaged to provide additional resources and services to victims and their families.
• Monitoring and Evaluation: The implementation of support person guidelines should be regularly evaluated to identify gaps or challenges. Feedback from victims and their families can help refine the process and ensure its effectiveness.

The recent Supreme Court judgment reiterates the judiciary’s commitment to protecting the rights and well-being of child victims under the POSCO Act. By highlighting the importance of support persons and issuing comprehensive guidelines, the Court has taken a significant step towards creating a more compassionate and victim-centric legal process. Hopefully, these measures will contribute to minimizing the trauma and distress faced by young victims during legal proceedings, ultimately fostering a more just and empathetic society