Supreme Court of India

BACHPAN BACHAO ANDOLANversusUNION OF INDIA & ORS.

Citation: 2023 INSC 745
Decided: 18 August 2023
Disposal: Directions issued
Bench: S RAVINDRA BHAT

Holding

A support person is a statutory entitlement under the POCSO Rules, 2020, whose appointment (subject to consent) is mandatory and the State must frame comprehensive guidelines, SOPs, training and remuneration to ensure effective implementation.

Summary

The petition arose from the hardships faced by a child victim of sexual offence who, despite the provisions of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and its 2020 Rules, was not provided with an effective support person. The Court examined the statutory definition, duties and entitlements of a support person under the POCSO Rules, 2020 and the accompanying Form‑A. It held that the appointment of a support person is a legal entitlement, subject to the consent of the child and guardian, and that the support person must provide emotional, psychological, legal and procedural assistance throughout investigation and trial. The Court observed that the existing implementation was inadequate, with support persons appointed in only a small fraction of cases, and directed the State of Uttar Pradesh to frame detailed guidelines, SOPs, training, remuneration and reporting mechanisms. The judgment also emphasized the need for regular monitoring by the State and National Commissions for the Protection of Child Rights. Accordingly, the Court issued comprehensive directions to ensure the statutory role of support persons is fully operationalised.

Issues considered

The statutory scope and mandatory nature of the appointment of a support person under the POCSO Rules, 2020
The duties, responsibilities and entitlements of a support person towards the child victim
The requirement for State governments to frame guidelines, SOPs and remuneration structures for support persons
The adequacy of existing implementation and monitoring mechanisms for support persons

Legislation cited

Code of Criminal Procedures. 282
Commissions for Protection of Child Rights Acts. 2005
Indian Evidence Act, 1872s. 126, s. 127
Juvenile Justice (Care and Protection of Children) Acts. 105, s. 3
Minimum Wages Acts. 1948
Protection of Children from Sexual Offences Acts. 19, s. 39, s. 6
Protection of Children from Sexual Offences Ruless. 12, s. 4(12), s. 4(14), s. 5(1), s. 5(6)

Subjects

POCSO Actsupport personchild sexual abusechild welfare committeevictim assistancelegal aidguidelinesstatutory entitlementjuvenile justiceremuneration

Judgment

[2023] 13 S.C.R. 658 : 2023 INSC 745

CASE DETAILS

BACHPAN BACHAO ANDOLAN
v.
UNION OF INDIA & ORS.
(Writ Petition (Civil) No. 427 of 2022)
AUGUST 18, 2023
[S. RAVINDRA BHAT AND ARAVIND KUMAR, JJ.]

HEADNOTES

Issue for consideration: The role of a ‘support person’ as envisaged
in the Protection of Children from Sexual Oﬀences Rules, 2020.
Protection of Children from Sexual Oﬀences Act, 2012 – Protection
of Children from Sexual Oﬀences Rules, 2020 – Role of the support
person:
HELD: A support person is to provide information, emotional and
psychological support, and practical assistance which are often crucial to the
recovery of the child – This can go a long way in helping them cope with
the aftermath of the crime and with the strain of any criminal proceedings
– in many ways a support person, acts as guardian ad litem for the child – A
support person-whether involved from the early stages of lodging a report or
brought on board shortly thereafter-can play a tremendous role in oﬀering
encouragement, reassurance, and guidance, merely from their knowledge
of the legalese, armed with a compassionate child-friendly approach –
Their potential in providing moral support and guidance, which directly
translates to better and more just outcomes both in terms of prosecution, and
rehabilitation, cannot be overstated – To fulﬁl their role as envisaged, their
primary focus, must be the child’s immediate care and protection, and to
play the role of a helpful intermediary between the child, its family/guardian,
and the various institutional stakeholders and authorities. [Paras 4 and 6]
Protection of Children from Sexual Oﬀences Act, 2012 – Protection
of Children from Sexual Oﬀences Rules, 2020 – Responsibility of the
support person:
658
BACHPAN BACHAO ANDOLAN v. 659
UNION OF INDIA & ORS.

HELD: The support person is responsible for accompanying the child
during recording of statement, medical examination, depositions, and to
assist in all other interactions at the investigation, pre-trial, and trial stage
– The support person is to make available public or private emergency and
crisis services; ensure availability of free legal aid; provide assistance with
navigating the victim compensation scheme; track the status of investigation,
arrest, and ﬁling of charges of the accused person; follow the dates of the
court proceedings to enable the victim or family to attend as required; and
be abreast of any other developments such as grant of bail, detention status,
etc. of the accused. [Para 5]
Protection of Children from Sexual Oﬀences Rules, 2020 – Form
A – Importance of:
HELD: The POCSO Rules, also contain ‘Form-A’ which as per Rule
4(14) is to be handed over to the child victim, parents/guardian, or any other
person in whom the child trusts, to inform them of the entitlements the child
victim must receive as information and services – This form re-emphasises
the importance of a support person in each case, and is also indicative of the
stages at which such a support person can play a role in. [Para 8]
Protection of Children from Sexual Oﬀences Act, 2012 – Protection
of Children from Sexual Oﬀences Rules, 2020 – Support person –
Reviewing of facts and framing of rules/guidelines – Directions issued:
HELD: In furtherance of the mandate of s.39 of the POCSO Act,
the Principal Secretary to the Department of Women and Child Welfare,
in the State of Uttar Pradesh shall convene a meeting to review the facts,
take action, and frame rules/guidelines as necessary, on the following: (i)
Assess capabilities in the State with respect to the support persons ecosystem
for the selection, appointment, need for special rules/guidelines/Standard
Operating Procedure in regard to their appointment/empanelment, training,
career advancement and terms and conditions of employment; (ii) To
achieve the said purpose, require the presence of the Chairperson, of the
State Commission for the Protection of Child Rights (SCPCR), Secretary,
State Legal Service Authority, senior-most President of a JJB and senior-
most Chairperson of a CWC in the state, and a representative from the State
Commission for Women; (iii) details may be called from each District Child
Protection Unit (DCPU), as to the list of support persons maintained by it
660 SUPREME COURT REPORTS [2023] 13 S.C.R.

as per Rule 5(1) – which is to include the names of persons or organisations
working in the ﬁeld of child rights or child protection, oﬃcials of children’s
homes or shelter homes having custody of children, and other eligible
persons employed by the DCPU [as prescribed under Rule 5(6)]; (iv) After
due consultations, frame such rules, or guidelines, as are necessary, relating
to the educational qualiﬁcations and/or training required of a support person
[over and above the stipulation in Rule 5(6)], and parameters to identify the
eligible institutions or NGOs in the State, which can be accredited to depute
qualiﬁed support persons, and consequently be added to the District Child
Protection Unit (DCPU) directory as contemplated in Rule 5(1); (v) Ensure
that the DCPU or CWC, as the State authorities may deem ﬁt, is tasked with
conducting periodic training for all support persons in the DCPU directory;
(vi) In the guidelines framed, ensure that a reporting mechanism through
appropriate formats are prepared, to enable the support persons to send
monthly reports as per Rule 4(12) to the concerned CWC, which should then
be compiled and sent to the SCPCR, and the state government; (vii) Prepare
a framework, in the form of a Standard Operating Procedure (SOP) to ensure
proper implementation of Rule 12 of the POCSO Rules, 2020, for reporting
by the respective CWCs on the speciﬁc heads of information collected by
them, on monthly basis; (viii) The SOP prepared, and guidelines framed, are
to be communicated to all JJBs and CWCs after its preparation; (ix) Lastly,
it is important to acknowledge that support persons who are independent
trained professionals, would need to take up tasks which require intensive
interactions in often, hostile environments, and consequently deserve to be
paid adequate remuneration – Also, the remuneration paid for the duration
of the work, should be commensurate to the qualiﬁcations and experience of
these independent professionals, having regard to the salaries paid to those
with comparable qualiﬁcations employed by the government in PSUs or
other institutions. [Para 11]

LIST OF CITATIONS AND OTHER REFERENCES

Alarming Rise in the Number of Reported Child Rape Incidents, In re
(2020) 7 SCC 108 – referred to.
‘Model Guidelines under Section 39 of The Protection of Children
from Sexual Oﬀences Act, 2012’ issued by the Ministry of Women and
BACHPAN BACHAO ANDOLAN v. 661
UNION OF INDIA & ORS.

Child Development, Government of India, p. 50; ‘Handbook for Support
Persons 2021- Assisting Child Victims of Sexual Violence’ Published by
Enfold, Prerana and UNICEF, this handbook was launched on 10.03.2022
– referred to.

OTHER CASE DETAILS INCLUDING IMPUGNED
ORDER AND APPEARANCES

CIVIL ORIGINAL JURISDICTION: Writ Petition (Civil) No. 427
of 2022.
Under Article 32 of The Constitution of India
Appearances:
H.S. Phoolka, Sr. Adv., Ms. Shobha Gupta, Jagjit Singh Chhabra,
Ms. Rachana Tyagi, Ms. Prabhsahay Kaur, Saksham Maheshwari,
Ms. Shashi, Ms. Surpreet Kaur, Ms. Shaivya Saluja, Advs. for the Petitioner.
Ms. Aishwarya Bhati, ASG, Lokesh Sinhal, Sr. A.A.G., Ms. Garima
Prasad, Amit Anand Tiwari, A.A.Gs., Dr. Manish Singhvi, Ms. Rekha
Dayal, Sr. Advs., Ms. Shagun Thakur, Ms. Manisha Chava, Ms. Ameya
Thanavi, Aman Sharma, Ms. Ameyavikrama Thanvi, Bhuvan Kapoor,
Ruchi Kohli, Praveena Gautam, Arvind Kumar Sharma, Gurmeet Singh
Makker, Ms. Ruchi Kohli, Ms. Deepabali Dutta, Ms. Swarupama Chaturvedi,
Ms. Chinmayee Chandra, Rohit K. Singh, Pritam Bishwas, Aman Gupta,
Gaurav Agrawal, Ms. Vanshaja Shukla, Pradeep Misra, Daleep Dhyani, Suraj
Singh, Manoj Kumar Sharma, Sahil Bhalaik, Tushar Giri, Siddharth Anil
Khanna, Abhimanyu Tewari, Ms. Eliza Barr, Debojit Borkakati, Abhinav
Mukerji, Akshay C. Shrivastava, Mrs. Bihu Sharma, Ms. Swati Ghildiyal,
Ms. Devyani Bhatt, Dr. Monika Gusain, V.N. Raghupathy, Manendra Pal
Gupta, Shubhranshu Padhi, Nishe Rajen Shonker, Mrs. Anu K Joy, Alim
Anvar, Bharat Bagla, Siddharth Dharmadhikari, Aaditya Aniruddha Pande,
Sourav Singh, Aditya Krishna, Pukhrambam Ramesh Kumar, Karun Shrama,
Siddhesh Kotwal, Ms. Ana Upadhyay, Ms. Manya Hasija, Tejasvi Gupta,
Pawan Upadhyay, Nirnimesh Dube, Ms. K. Enatoli Sema, Ms. Limayinla
Jamir, Amit Kumar Singh, Ms. Chubalemla Chang, Prang Newmai, Ajay Pal,
Mayank Dahiya, Ms. Sugandh Rathor, Sandeep Kumar Jha, Ms. Shubamgi
Agarwal, Sameer Abhyankar, Ms. Vani Vandana Chhetri, Ms. Nishi Sangtani,
662 SUPREME COURT REPORTS [2023] 13 S.C.R.

Ms. Sugandh Rathore, Naman Jain, Sabarish Subramanian, Ms. Devyani
Gupta, Vishnu Unnikrishnan, C Kranthi Kumar, Naman Dwivedi, Danish
Saiﬁ, Sriharsha Peechara, Rajiv Kumar Choudhry, Duvvuri Subrahmanya
Bhanu, Ms. Pallavi, Ms. Kriti Sinha, Shreekant Neelappa Terdal, Aravindh
S., Gaurav Agrawal, Satya Mitra, S. Udaya Kumar Sagar, Mahfooz Ahsan
Nazki, Dr. Joseph Aristotle S., Hitesh Kumar Sharma, Akhileshwar Jha,
Ms. Niharika Dewivedi, Ms. Shweta Sand, Ms. Yamani Sharma, Dr. Vipin
Gupta, Avijit Mani Tripathi, Marbiang Khongwir, T.K. Nayak, P.S. Negi,
Upendra Mishra, Shreyas Awasthi, Ms. Ripul Swati Kumari, Bhanu Mishra,
Ms. Muskan Surana, Ms. Astha Sharma, Advs. for the Respondents.

JUDGMENT / ORDER OF THE SUPREME COURT

JUDGMENT
S. RAVINDRA BHAT, J.
1. The enactment and bringing into force of The Protection of Children
from Sexual Oﬀences Act, 2012 (hereafter ‘Act’ or ‘POCSO Act’) was
not merely in furtherance of this country’s commitment to international
instruments, but its resolve to and attempt at creating a world as secure
and as free from fear, for the most innocent and vulnerable section of its
citizens, i.e., children and young adults. Behaviour - physical, verbal, and
non-verbal, ranging from what discomﬁts a child to as horrifying as rape
and physical sexual abuse have been criminalized. Special mechanisms to
provide access to the justice delivery system, and ensure speedy justice, have
been devised. Yet, a society’s commitment to such a cause does not cease
by mere enactment of any law, but its willingness, and those governing and
administering it, to create and ensure eﬀective overall frameworks which
support and strengthen its institutions.
2. The present writ petition, arose from the strife caused to an individual
victim in her painstaking struggle for justice while navigating the police,
investigation stage, and court processes, for the prosecution of an oﬀence
under the POCSO Act. At numerous stages, she was revictimized, and faced
severe hardships; the issues arising from the individual case, have been
dealt with by way of continuing mandamus, wherein this court through
a series of orders has monitored the aspects requiring special attention.
During those proceedings, it was noticed that the role of a ‘support person’
BACHPAN BACHAO ANDOLAN v. 663
UNION OF INDIA & ORS. [S. RAVINDRA BHAT, J.]

as envisaged1 in the Protection of Children from Sexual Oﬀences Rules,
2020 (hereafter ‘POCSO Rules, 2020’), despite being a progressive step –
remains unfulﬁlled, or is given eﬀect to, in a partial or ad-hoc manner, thus
limiting its positive potential in oﬀering support to victims and their families.
3. From the point of registering an FIR/complaint under the POCSO
Act, the victim and their family are required to interact with the police
machinery, medical oﬃcers and hospitals, the Magistrate, Special Court
and/or Juvenile Justice Board (hereafter ‘JJB’), the concerned Child Welfare
Committee (hereafter ‘CWC’), and other stakeholders – which in itself
can be daunting and overwhelming (over and above the already traumatic
experience of the crime itself), often dissuading them from pursuing the
case altogether. Noticing the need for support at various stages, the role of
a ‘support person’ was institutionalised in the POCSO Rules, 2020, to ﬁll
this lacuna:
“2. Deﬁnitions.––(1) In these rules, unless the context otherwise
requires,–
[…]
(f) “support person” means a person assigned by the Child Welfare
Committee, in accordance with sub-rule (7) 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;
4. Procedure regarding care and protection of child.–
[…]
(8) The CWC, on receiving a report under sub-section (6) of
section 19 of the Act or on the basis of its assessment made under
sub-rule (5), and with the consent of the child and child’s parent or
guardian or other person in whom the child has trust and conﬁdence,
may provide a support person to render assistance to the child in all
possible manner throughout the process of investigation and trial, and
shall immediately inform the SJPU or Local Police about providing a
support person to the child.

1 Introduced ﬁrst in the Protection of Children from Sexual Oﬀences Rules, 2012 which
has since been repealed and substituted by the far more detailed Protection of Children
from Sexual Oﬀences Rules, 2020.
664 SUPREME COURT REPORTS [2023] 13 S.C.R.

5. Interpreters, translators, special educators, experts and support
persons.–
[…]
(6) Support person may be a person or organisation working in
the ﬁeld of child rights or child protection, or an oﬃcial of a children’s
home or shelter home having custody of the child, or a person employed
by the DCPU:
Provided that nothing in these rules shall prevent the child and
child’s parents or guardian or other person in whom the child has
trust and conﬁdence from seeking the assistance of any person or
organisation for proceedings under the Act.”
Clearly delineating the scope of assistance to be rendered by a support
person, the Rules also stipulate that if the CWC, in contravention of its
duties fails to appoint one, or for whatever reason, the child victim and their
family wish to engage someone else, they are free to seek assistance from a
qualiﬁed support person externally [ref: proviso to Rule 5(6)]. Termination
of their services, for whatever reason, is also covered under Rule 4(11).
4. A support person is to provide information, emotional and
psychological support, and practical assistance which are often crucial to
the recovery of the child. This can go a long way in helping them cope with
the aftermath of the crime and with the strain of any criminal proceedings
– in many ways a support person, acts as guardian ad litem for the child.2
The speciﬁc roles and responsibilities, that are expected to be fulﬁlled are
as follows:
4. Procedure regarding care and protection of child.–
[…]
(9) The support person shall at all times maintain the
conﬁdentiality of all information pertaining to the child to which he or
she has access and shall keep the child and child’s parent or guardian
or other person in whom the child has trust and conﬁdence, informed
regarding the proceedings of the case, including available assistance,

2 Model Guidelines under Section 39 of The Protection of Children from Sexual Oﬀences
Act, 2012, issued by the Ministry of Women and Child Development, Government of
India, p. 50.<https://wcd.nic.in/sites/default/ﬁles/POCSO-ModelGuidelines.pdf> (last
accessed on 15.08.2023).
BACHPAN BACHAO ANDOLAN v. 665
UNION OF INDIA & ORS. [S. RAVINDRA BHAT, J.]

judicial procedures, and potential outcomes. The Support person shall
also inform the child of the role the Support person may play in the
judicial process and ensure that any concerns that the child may have,
regarding child’s safety in relation to the accused and the manner in
which the Support person would like to provide child’s testimony, are
conveyed to the relevant authorities.
(12) The CWC shall also seek monthly reports from support
person till the completion of trial, with respect to condition and care
of child, including the family situation focusing on the physical,
emotional and mental wellbeing, and progress towards healing from
trauma; engage with medical care facilities, in coordination with the
support person, to ensure need-based continued medical support to the
child, including psychological care and counseling; and shall ensure
resumption of education of the child, or continued education of the
child, or shifting of the child to a new school, if required.
(13) It shall be the responsibility of the SJPU, or the local police
to keep the child and child’s parent or guardian or other person in
whom the child has trust and conﬁdence, and where a support person
has been assigned, such person, informed about the developments,
including the arrest of the accused, applications ﬁled and other court
proceedings.
(14) SJPU or the local police shall also inform the child and
child’s parents or guardian or other person in whom the child has trust
and conﬁdence about their entitlements and services available to them
under the Act or any other law for the time being applicable as per
Form-A. It shall also complete the Preliminary Assessment Report in
Form B within 24 hours of the registration of the First Information
Report and submit it to the CWC.
(15) The information to be provided by the SJPU, local police, or
support person, to the child and child’s parents or guardian or other
person in whom the child has trust and conﬁdence, includes but is not
limited to the following:-
(i) the availability of public and private emergency and crisis
services;
(ii) the procedural steps involved in a criminal prosecution;
(iii) the availability of victim’s compensation beneﬁts;
666 SUPREME COURT REPORTS [2023] 13 S.C.R.

(iv) the status of the investigation of the crime, to the extent it
is appropriate to inform the victim and to the extent that it will not
interfere with the investigation;
(v) the arrest of a suspected oﬀender;
(vi) the ﬁling of charges against a suspected oﬀender;
(vii) the schedule of court proceedings that the child is either
required to attend or is entitled to attend;
(viii) the bail, release or detention status of an oﬀender or
suspected oﬀender;
(ix) the rendering of a verdict after trial; and (x) the sentence
imposed on an oﬀender.
5. Interpreters, translators, special educators, experts and
support persons.–
[…]
(10) The interpreter, translator, special educator, expert, support
person or person familiar with the manner of communication of the
child engaged to provide services for the purposes of the Act shall be
unbiased and impartial and shall disclose any real or perceived conﬂict
of interest and shall render a complete and accurate interpretation or
translation without any additions or omissions, in accordance with
section 282 of the Code of Criminal Procedure, 1973 (2 of 1974).
(11) In proceedings under section 38, the Special Court
shall ascertain whether the child speaks the language of the court
adequately, and that the engagement of any interpreter, translator,
special educator, expert, support person or other person familiar with
the manner of communication of the child,
(12) Any interpreter, translator, special educator, expert or
support person appointed under the Act shall be bound by the rules
of conﬁdentiality, as described under section 127 read with section
126 of the Indian Evidence Act, 1872 (1 of 1872).
10. Procedure for imposition of ﬁne and payment thereof.––
(1) The CWC shall coordinate with the DLSA to ensure that any
amount of ﬁne imposed by the Special Court under the Act which is
to be paid to the victim, is in fact paid to the child.
BACHPAN BACHAO ANDOLAN v. 667
UNION OF INDIA & ORS. [S. RAVINDRA BHAT, J.]

(2) The CWC will also facilitate any procedure for opening a
bank account, arranging for identity proofs, etc., with the assistance
of DCPU and support person.”
5. In addition to maintaining conﬁdentiality of all information, and
addressing the concerns of the child and family, the support person is
responsible for accompanying the child during recording of statement,
medical examination, depositions3, and to assist in all other interactions at
the investigation, pre-trial, and trial stage. The support person is to make
available public or private emergency and crisis services; ensure availability
of free legal aid; provide assistance with navigating the victim compensation
scheme; track the status of investigation, arrest, and ﬁling of charges of the
accused person; follow the dates of the court proceedings to enable the victim
or family to attend as required; and be abreast of any other developments
such as grant of bail, detention status, etc. of the accused.
6. A support person – whether involved from the early stages of
lodging a report or brought on board shortly thereafter - can play a
tremendous role in oﬀering encouragement, reassurance, and guidance,
merely from their knowledge of the legalese, armed with a compassionate
child-friendly approach. Their potential in providing moral support and
guidance, which directly translates to better and more just outcomes both
in terms of prosecution, and rehabilitation, cannot be overstated. To fulﬁl
their role as envisaged, their primary focus, must be the child’s immediate
care and protection, and to play the role of a helpful intermediary between
the child, its family/guardian, and the various institutional stakeholders and
authorities. In these interactions, the support person, should bear in mind
the principles enunciated in Section 3 of the Juvenile Justice (Care and
Protection of Children) Act, 2015 while engaging with the child victim,
and their families. These include – the principles of dignity and worth,
participation, best interest, safety, positive measures, non-stigmatising
semantics, non-waiver of rights, equality and non-discrimination, and right
to privacy and conﬁdentiality.
7. There are numerous aids prepared, to help in understanding the
role of the support person, and how to maximise their impact. The Ministry
of Women and Child Development released the Model Guidelines under

3 The importance of a support person accompanying the child victim at the time of
recording statement and deposition, has also been recognised in the Witness Protection
Scheme, 2018.
668 SUPREME COURT REPORTS [2023] 13 S.C.R.

Section 39 of The Protection of Children from Sexual Oﬀences Act, 2012 4
(hereafter ‘Model Guidelines’) which oﬀers detailed guidance for the use of
professionals and experts under the POCSO Act (albeit issued in 2013, i.e.,
prior to the POCSO Rules, 2020). Similarly, another useful resource tailored
speciﬁcally for the use of support persons, is the ‘Handbook for Support
Persons 2021 – Assisting Child Victims of Sexual Violence’ 5 which is a
handy open access resource, available for download from the internet. These
resources, comprehensively elucidate child-friendly best practices, and
explain what not do, as a support person, in a lucid and accessible manner.
8. It is pertinent to mention that the POCSO Rules, also contain ‘Form-A’
which as per Rule 4(14) is to be handed over to the child victim, parents/
guardian, or any other person in whom the child trusts, to inform them of the
entitlements the child victim must receive as information and services. This
form re-emphasises the importance of a support person in each case, and is
also indicative of the stages at which such a support person can play a role in:
FORM-A
Entitlement of children who have suﬀered sexual abuse to receive
information and services
1. To receive a copy of the FIR.
2. To receive adequate security and protection by Police.
3. To receive immediate and free medical examination by civil hospital/
PHC etc.
4. To receive Counseling and consultation for mental and psychological
well being
5. For Recording of statement of child by woman police oﬃcer at child’s
home or any other place convenient to child
6. To be moved to a Child Care Institution where oﬀence was at home
or in a shared household, to the custody of a person whom child reposes faith.

4 <https://wcd.nic.in/sites/default/ﬁles/POCSO-ModelGuidelines.pdf >(last accessed
on 15.08.2023).
5 Published by Enfold, Prerana and UNICEF, this handbook was launched on
10.03.2022, and is available on open access terms: <https://enfoldindia.org/wp-content/
uploads/2022/03/Handbook-for-Support-Persons-2021-Released-on-10_3_2022.pdf>
(last accessed on 15.08.2023).
BACHPAN BACHAO ANDOLAN v. 669
UNION OF INDIA & ORS. [S. RAVINDRA BHAT, J.]

7. For Immediate aid and assistance on the recommendation of CWC.
8. For being kept away from accused at all times, during trial and
otherwise.
9. To have an interpreter or translator, where needed.
10. To have special educator for the child or other specialized person
where child is disabled.
11. For Free Legal Aid.
12. For Support Person to be appointed by Child Welfare Committee.
13. To continue with education.
14. To privacy and conﬁdentiality.
15. For list of Important Contact No.’s including that of the District
Magistrate and the Superintendent of Police.
(emphasis supplied)
9. The speciﬁc Rules discussed hereinabove, read with ‘Form – A’, conﬁrm
that the availability of services of a support person is not merely directory
or suggestive – but a legal entitlement. While this framework created by the
Rules, in furtherance of supporting victims of child abuse under the POCSO
Act, is truly laudatory, it also requires proactive action from the State to shore
up infrastructure and train human resources, accordingly – to bridge the gap
between this entitlement on paper, and on-ground reality. This court in Alarming
Rise in the Number of Reported Child Rape Incidents, In re6, recorded that
as per the Supreme Court Registrar’s report prepared in November 2019, a
support person had been appointed only in 4% of POCSO cases. Much is yet
to be done, therefore, for a declaration by this court of the mandatory nature
of the appointment of support person (subject only to the consent of the child,
guardian, or the person in whom the child trusts, as the case may be), to carry
any weight. It is necessary that steps are taken to ensure that the POCSO Act
and the mechanisms it creates, are functioning and eﬀective.
10. The existing monitoring framework is spelt out in Rule 12, which
is extracted below, for the ease of reference:

6 (2020) 7 SCC 108: Order dated 13.11.2019 in Suo Motu Writ Petition (Crl) No. 1/2019
with Writ Petition (C) No. 819/2019.
670 SUPREME COURT REPORTS [2023] 13 S.C.R.

“12. Monitoring of implementation of the Act.––
(1) The National Commission for the Protection of Child Rights
(hereafter referred to as “NCPCR”) or the State Commission for the
Protection of Child Rights (hereafter referred to as “SCPCR”), as
the case may be, shall in addition to the functions assigned to them
under the Commissions for Protection of Child Rights Act, 2005 (4
of 2006), perform the following functions for implementation of the
provisions of the Act––
(a) monitor the designation of Special Courts by State Governments;
(b) monitor the appointment of the Special Public Prosecutors by the
State Governments;
(c) monitor the formulation of the guidelines described in section 39
of the Act by the State Governments, for the use of non-governmental
organisations, professionals and experts or persons having knowledge
of psychology, social work, physical health, mental health and child
development to be associated with the pre-trial and trial stage to assist
the child, and to monitor the application of these guidelines;
(d) monitor the designing and implementation of modules for training
police personnel and other concerned persons, including oﬃcers of
the Centre and State Governments, for the eﬀective discharge of their
functions under the Act;
(e) monitor and support the Central Government and State Governments
for the dissemination of information relating to the provisions of the
Act through media including the television, radio and print media at
regular intervals, so as to make the general public, children as well
as their parents and guardians aware of the provisions of the Act.
(f) call for a report on any speciﬁc case of child sexual abuse falling
within the jurisdiction of a CWC.
(g) collect information and data on its own or from the relevant
agencies regarding reported cases of sexual abuse and their disposal
under the processes provided under the Act, including information
on the following:-
(i) number and details of oﬀences reported under the Act;
(ii) whether the procedures prescribed under the Act and rules
were followed, including those regarding timeframes;
BACHPAN BACHAO ANDOLAN v. 671
UNION OF INDIA & ORS. [S. RAVINDRA BHAT, J.]

(iii) details of arrangements for care and protection of victims of
oﬀences under this Act, including arrangements for emergency
medical care and medical examination; and,
(iv) details regarding assessment of the need for care and
protection of a child by the concerned CWC in any speciﬁc
case;
(h) use the information so collected to assess the implementation of the
provisions of the Act. The report on monitoring of the Act shall be included
in a separate chapter in the annual report of the NCPCR or the SCPCR.
(2) The concerned authorities mandated to collect data, under the Act,
shall share such data with the Central Government and every State
Government, NCPCR and SCPCRs.”
11. In view of what is required under the POCSO Rules, this court hereby
issues the following directions:
In furtherance of the mandate of Section 39 of the POCSO Act7, the
Principal Secretary to the Department of Women and Child Welfare, in the State
of Uttar Pradesh shall convene a meeting within the next six weeks to review
the facts, take action, and frame rules/guidelines as necessary, on the following:
i. Assess capabilities in the state with respect to the support persons
ecosystem for the selection, appointment, need for special rules/
guidelines/Standard Operating Procedure in regard to their
appointment/empanelment, training, career advancement and terms
and conditions of employment;
ii. To achieve the purpose in (i) above, require the presence of the
Chairperson, of the State Commission for the Protection of Child
Rights (SCPCR), Secretary, State Legal Service Authority, senior-
most President of a JJB and senior-most Chairperson of a CWC
in the state, and a representative from the State Commission for
Women;

7 “Section 39.Guidelines for child to take assistance of experts, etc.- Subject to such
rules as may be made in this behalf, the State Government shall prepare guidelines
for use of non-governmental organisations, professionals and experts or persons
having knowledge of psychology, social work, physical health, mental health and child
development to be associated with the pre-trial and trial stage to assist the child.”
672 SUPREME COURT REPORTS [2023] 13 S.C.R.

iii. Prior to this meeting, details may be called from each District
Child Protection Unit (DCPU), as to the list of support persons
maintained by it as per Rule 5(1) – which is to include the names
of persons or organisations working in the ﬁeld of child rights or
child protection, oﬃcials of children’s homes or shelter homes
having custody of children, and other eligible persons employed
by the DCPU [as prescribed under Rule 5(6)];
iv. After due consultations, frame such rules, or guidelines, as
are necessary, relating to the educational qualiﬁcations and/
or training required of a support person [over and above the
stipulation in Rule 5(6)], and parameters to identify the eligible
institutions or NGOs in the state, which can be accredited to
depute qualiﬁed support persons, and consequently be added
to the District Child Protection Unit (DCPU) directory as
contemplated in Rule 5(1);
v. Ensure that the DCPU or CWC, as the State authorities may deem
ﬁt, is tasked with conducting periodic training for all support
persons in the DCPU directory to impart knowledge not only
on the Act, Rules, and the legal and court procedures involved
in prosecuting a POCSO case, but also more fundamentally on
communicating and assisting the children of various ages and
backgrounds, with the sensitivity it the role demands;
vi. In the guidelines framed, ensure that a reporting mechanism
through appropriate formats are prepared, to enable the support
persons to send monthly reports as per Rule 4(12) to the
concerned CWC, which should then be compiled and sent to the
SCPCR, and the state government;
vii. Prepare a framework, in the form of a Standard Operating
Procedure (SOP) to ensure proper implementation of Rule 12
of the POCSO Rules, 2020, for reporting by the respective
CWCs on the speciﬁc heads of information collected by them,
on monthly basis. This shall include the number of cases,
where support persons have been engaged in trials and inquiries
throughout the state. The information should also reflect
whether they were from the DCPU directory, or with external
help from an NGO. Such list shall be reviewed on monthly
basis by the SCPCR;
BACHPAN BACHAO ANDOLAN v. 673
UNION OF INDIA & ORS. [S. RAVINDRA BHAT, J.]

viii. The SOP prepared, and guidelines framed, are to be communicated
to all JJBs and CWCs within a week of its preparation;
ix. Lastly, it is important to acknowledge that support persons
who are independent trained professionals, would need to take
up tasks which require intensive interactions in often, hostile
environments, and consequently deserve to be paid adequate
remuneration. Therefore, though the Rules8 state that such
personnel should be paid equivalent to a skilled worker as per
the Minimum Wages Act, 1948, this court is of the opinion that
the remuneration paid for the duration of the work, should be
commensurate to the qualiﬁcations and experience of these
independent professionals, having regard to the salaries paid
to those with comparable qualifications employed by the
government, in PSUs, or other institutions run by the government
(e.g. hospitals), and this too may be considered in the meeting
to be convened by the Principal Secretary.
The Model Guidelines (supra) issued by the Ministry of Women and
Child Development, Government of India, albeit prepared prior to the
amended POCSO Rules, 2020, may oﬀer some assistance in the framing
of guidelines as directed above.
12. In crimes against children, it is not only the initiating horror or
trauma that is deeply scarring; that is aggravated by the lack of support and
hand holding in the days that follow. In such crimes, true justice is achieved
not merely by nabbing the culprit and bringing him to justice, or the severity
of punishment meted out, but the support, care, and security to the victim
(or vulnerable witness), as provided by the state and all its authorities in
assuring a painless, as less an ordeal an experience as is possible, during
the entire process of investigation, and trial. The support and care provided
through state institutions and oﬃces is vital during this period. Furthermore,
justice can be said to have been approximated only when the victims are
brought back to society, made to feel secure, their worth and dignity,

8 As per the Rules, the support persons listed in the District Child Protection Unit
directory are to be remunerated emoluments equivalent to a skilled worker as per
the Minimum Wages Act, 1948 from the funds maintained under Section 105 of the
Juvenile Justice (Care and Protection of Children) Act, 2015 or from other funds
placed at the disposal of the DCPU [ref: Rule 5(7) and (8) of POCSO Rules, 2020].
674 SUPREME COURT REPORTS [2023] 13 S.C.R.

restored. Without this, justice is an empty phrase, an illusion. The POCSO
Rules 2020, oﬀer an eﬀective framework in this regard, it is now left to the
State as the biggest stakeholder in it – to ensure its strict implementation,
in letter and spirit.
13. The State of Uttar Pradesh is hereby directed to ﬁle a report of
compliance of these directions on or before 04.10.2023. The Ministry of
Women and Child Development, Government of India, is requested to
bring this judgment to the notice of the NCPCR, which in turn is directed
to ﬁle – in furtherance of its obligation under Rule 12(1)(c) – a consolidated
status report outlining the progress of all States in framing of guidelines as
prescribed under Section 39 of the POCSO Act, by 04.10.2023. The Union
of India and the NCPCR shall also ﬁle an aﬃdavit in this regard before
4.10.2023. A copy of this order shall be marked directly by the Registry to
the Union Secretary, Department of Women and Child Development and
Chairperson NCPCR, for necessary action.
14. List the writ petition next on 06.10.2023.

Headnotes prepared by : Directions issued.
Ankit Gyan

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