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After a case of mis-handling of investigation in the rape of a 16-year-old girl who was found to be pregnant, Maharashtra’s Home Department has issued specific directions reiterating provisions under Protection of Children from Sexual Offences Act, 2012, (POCSO Act) as well as Juvenile Justice (Care and Protection of Children) Act, 2015. These directions have been issued to be strictly followed by all police stations across the state to ensure that survivors of rape and sexual assault, including minors are not at a disadvantage due to non-adherence to the provisions of these laws.
In this case, the police caused a delay of 45 days before presenting the survivor before the Child Welfare Committee (CWC), which meant that she was unable to terminate her pregnancy and had to deliver the child and go through tremendous mental trauma as a result of the same.
A case of sexual assault of the 16-year-old girl was registered at Virar police station, Mumbai and it was found that she was 23-weeks pregnant. Under section 19(6) of the POCSO Act, it is required that if there is an apprehension of an offence under the Act and when the Special Juvenile Police Unit or the local police is satisfied that the child is need of care and protection, they are required to “without unnecessary delay but within a period of 24 hours, report the matter to the Child Welfare Committee and the Special Court or where no Special Court has been designated, to the Court of Session.” Yet, the police delayed this considerably and presented the girl before the CWC, Palghar after 45 days of registration of the FIR by which time she was 30 weeks pregnant and the pregnancy could not be terminated.
So that such incidents are not repeated, the state’s Home Ministry issued directions about investigation of crimes against women and children:
1. In case of a minor, the complaint should be recorded in their mother tongue and in their words in the presence of a close relative and possibly before a female Sub-Inspector
2. The medical examination of the minor should be done in accordance with section 164A (Medical examination of the victim of rape) of CrPC as well as section 27 of POCSO
3. It is mandatory to present the minor before the CWC and the Special Court within 24 hours of registration of offence as enumerated under section 19(6) of POCSO
4. Under section 228A of the IPC, it is an offence to disclose the identity of the victim of certain offences including offences of rape under IPC and it is absolutely mandatory to follow this
5. In accordance with section 107 of the Juvenile Justice (Care and Protection of Children) Actevery police station must have at least one officer, not below the rank of assistant sub-inspector designated as the child welfare police officer
6. Victims of rape and sexual assault should be given financial assistance and rehabilitation as per Women and Child Development Department, order dated December 30, 2017. Also, those who are eligible to take advantage of the state’s Manodhairya Scheme for Rape victims, Children who are victims of Sexual Offences, their application should be presented before the concerned District Legal Services Authority in due time.
7. The Director General of Police, Maharashtra should ensure that while conducting training at the Maharashtra Police Academy for new recruits as well as routine training of police officers, the related provisions of POCSO and Juvenile Justice Act should be reiterated
8. All unit chiefs must direct all officers in the unit to handle such cases in a sensitive manner and workshops must be held from time to time
9. In order to conduct such workshop assistance must be taken of the Women and Child department as well as NGOs and experts in the field
10. The Special Inspector General of Police, responsible for prevention of crimes against women and children must ensure that these directions are followed in all units
In this matter, a Writ petition has been filed before the Bombay High Court whereby the bench of Justices GS Patel and Madhav J Jamdar noted that the District Legal Services Authority has made payment of interim compensation to the victim and requested that the full payment of compensation be expedited. The court was informed that the police officers in question, who handled the case have undergone special training and further steps are in contemplation. The bench also took note of the direction issued by the Home Department as mentioned above, and disposed of the petition, giving liberty to the petitioner to apply on the question of compensation.
The Home Department order may be read here:
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