Satya Gopal Dey is a Member of the West Bengal Task Force on combating human trafficking; a Member of the Selection Committee of CWC and JJB, Government of West Bengal, and the Head of Child Protection, Advocacy and HR at Vikramshila Education Resource Society.
The police serve as the public face of the State, and the way the State treats its citizens, particularly children, will significantly impact the success of the POCSO Act 2012 in realising its transformative vision. This vision seeks to shift societal perceptions, recognising children as autonomous beings with rights, rather than merely dependents in need of protection.
The law aims to address historical challenges while envisioning a redefined relationship between children and the police.
The POCSO Act 2012 establishes comprehensive guidelines and procedures designed to transform the interaction between police and child victims. It also includes stringent provisions to ensure accountability and uphold the rights of children.
Child-Friendly Procedures for Police
Free Copy of FIR: A copy of the FIR must beprovided free of cost to the complainant or the parent/guardian if they have made the complaint.
Right to Legal Assistance: The child, their guardian, parent, or a trusted person must be informed of the child’s right to be assisted and represented by a lawyer of their choice (Rule 4(2)(f)). This right applies from the time of making a statement to the police until the conclusion of the case.
Access to Support Services: Police must inform the child and their family about available support services, such as counselling, as per Rule 4(2), and assist them in accessing these services if needed or requested.
Simplified FIR: The FIR must be written in simple language that the child can understand (Section 19(3)).
Provision of Translator: If the FIR is recorded in a language the child does not understand, a translator must be provided to explain its contents to the child (Section 19(4)).
Comfortable Environment for Statements: The child’s statement should be recorded either at their residence or another place where the child feels comfortable. This should occur in the presence of someone the child trusts, usually a parent or guardian (Section 24).
Accountability of Police and Rights of the Child Victim
When an SJPU (Special Juvenile Police Unit) or the local police receives information under subsection (1) of Section 19 of the Act from any person, including the child, they are required to immediately disclose the following details to the person providing the information: their name and designation, their address and telephone number, and the name, designation, and contact details of the supervising officer overseeing the officer receiving the information.
The police play a pivotal role in ensuring the safety, protection, and justice for children, particularly in cases involving offences under the law. This includes duties performed by the Special Juvenile Police Unit (SJPU) or local police, as mandated by the provisions of sub-section (1) of Section 19 of the Act.
When an offence is committed, attempted, or is likely to be committed, the concerned authority must take immediate and appropriate actions, including:
Filing and Registering an FIR: The police must proceed to record and register a First Information Report (FIR) as per the provisions of the Bharatiya Naya Sanhita. A copy of the FIR must be furnished free of cost to the person making the report.
Arranging Emergency Medical Care: If the child requires emergency medical care as per sub-section (5) of Section 19 of the Act or under the relevant rules, the police must arrange for the child to access such care, under Rule 5. This includes taking the child to the hospital for a medical examination, as specified under Section 27 of the Act.
Forensic Evidence Collection: The investigating officer must ensure that samples collected for forensic tests are sent to the forensic laboratory at the earliest to avoid delays in the investigation process.
Providing Information and Support Services: The police must inform the child, its parents, guardian, or another trusted person, about the availability of support services, including counselling. They must also assist them in contacting the individuals or organisations responsible for providing these services and relief.
Legal Rights and Representation: The police must inform the child and their parent, guardian, or trusted person about the child’s right to legal advice and counsel. Additionally, they must ensure the child’s right to be represented by a lawyer, as per Section 40 of the Act.
During the investigation of an offence involving rape or an attempt to commit rape, if it is necessary to have the survivor examined by a medical expert. The following steps must be taken:
The examination must be conducted by a registered medical practitioner employed in a government or local authority hospital.
If a specific practitioner is unavailable, any other registered medical practitioner may conduct the examination, provided that the survivor or a person authorised to provide consent on her behalf grants permission.
Additionally, the survivor must be taken to the medical practitioner within 24 hours of receiving information about the offence.
Upon receiving information under Section 19 of the Act that an offence has been committed against a child, an officer of the SJPU or local police must determine whether the child urgently requires medical care and protection. If so, they are required to arrange for the child to be taken to the nearest hospital or medical care facility for emergency medical attention within 24 hours. If an offence has been committed under Sections 3, 5, 7, or 9 of the Act, the victim shall be referred for emergency medical care.
Emergency Medical Care: Emergency medical care shall be rendered in a manner that protects the privacy of the child and in the presence of the parents, guardian, or any other person the child trusts.
No Documentation Required: No medical practitioner, hospital, or medical facility offering emergency medical care to a child shall demand legal or magisterial requisitions or any other documentation as a prerequisite to providing care. By fulfilling these responsibilities, the police uphold the principles of child protection, ensuring that the child’s best interests are safeguarded by the law. This systematic and sensitive approach not only seeks justice for the victim but also prioritises the child’s well-being throughout the legal process
