Kerala State Commission for Protection of Child Rights

One day State Level Consultation of Civil Society Representatives with Officials from
Government Departments, on implementation of the Protection of Children from Sexual
Offences Act, 2012 (POCSO Act), organized by KeSCPCR on18th July 2014, at the Government
Guest House, Thycaud, Thiruvananthapuram, Kerala.
Inaugural session
Shri C. K. Viswanathan, IAS (Retd), Secretary, welcomed the Acting Chairperson of the
KeSCPCR Shri. K. Nazeer , Guest speaker Smt. Nina P Nayak ( former member NCPCR) , and
the Resource Persons Dr. N. Sreedhar Additional Director of the Health Services Department,
Dr. B. Sandhya IPS from the Police Department and Shri.V.N Jithendran IAS from the Social
Justice Department, representatives from the NGOs, members and colleagues from the
commission and gave a brief presentation on the KeSCPCR.
Kerala State Commission for Protection of Child Rights came into being in June 2013.The
Commission is mandated by the CPCR Act 2005 and the Kerala State Commission for the
Protection of Child rights Rules made there under. The Commission ensures enforcement of the
laws, policies, programs and administrative mechanisms in consonance with the child rights as
enshrined in the Constitution of India and in the UN convention on the Rights of the Child
(UNCRC). The commission has to deal with the complaints of offences against children and to
monitor the government departments functioning and the reports received regarding the
implementation of the POCSO Act. Special attention is to be given to the vulnerable and
marginalized children.
The participants from the Government Departments, NGOs and professionals discussed the
issues in the implementation of POCSO Act. The suggestions which arise out of the discussions
will be reported to the Government for appropriate action.
Keynote Address
Shri. K. Nazeer, Acting Chairperson KeSCPCR delivered the keynote address.
The Protection of Children from Sexual Offences Act, 2012 (POCSO) is a comprehensive law
which is for the protection of children from sexual abuse; this Act safeguards the interests and
the rights of the child at each stage of judicial proceedings, incorporating a child friendly attitude
and methodology for reporting, recording of evidence and trial of cases in specially designated
courts. Section 44 of the POCSO Act highlights the responsibility of the KeSCPCR in the role of
monitoring the implementation of the Act. The role of Child Welfare Committee, Police and
NGOs in implementing the POCSO Act will be discussed in detail today. The Chairperson
encouraged the participants in this seminar to come forward with their suggestions and opinions
in the enforcement of this Act.
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Smt.J.Sandhya, Member, delivered the presentation on Monitoring Role of the Commission

under the POCSO Act & Introduction of POCSO Cell.
Roles of various agencies in dealng with POCSO Cases

Reporting of a case of childhood sexual abuse is done by the child, family, school, media,
NGOs, and others.
Investigation of an alleged case of childhood sexual abuse is done by Special Juvenile
Police Unit or Police.
A Magistrate records the statement under the Section 164 of the Criminal Proceedings.
Care and Protection of the abused child is given by Child Welfare Committees.
The trial of the case of sexually abused child is conducted in a Special Court by a Special
Public Prosecutor.
Implementation of POCSO Act and monitoring is done by the State Government, the
National Commission for Protection of Child Rights and the State Commission for
Protection of Child Rights.

Role of Kerala State Commission for Protection of Child Rights

They include monitoring the designation of Special Courts, appointment of Special Public
Prosecutors (SPPs), drawing up of training modules and guidelines for the implementation of the
Act and dissemination of information about the Act through media to promote awareness among
general public, children, parents and guardians.
Collect Data & Report
The State Child Rights Commission collects data on reported cases and their disposal under the
Act, number & details of offences, whether procedures were followed, details of arrangements
for care & protection, details of assessment of care & protection by Child Welfare Committees in
specific cases. They shall call for a report on any specific case of child sexual abuse falling
within the jurisdiction of a Child Welfare Commission.
Inquiry

The Commission Members can inquire into matters relating to an offence under the
POCSO Act.
The POCSO Cell is headed by Registrar and assisted by Senior Consultant, Legal analyst,
Case Workers and DTP Operator. Members of the commission are overseeing the
functioning of the cell.

Activities of the KeSCPCR

1. Data Collection: Collects data from the police and started receiving data from Oct.2013.
The data is provided by the IG of the SCRB who is the State level nodal officer, and also
from the Child Welfare Committees as rolled out data sheet and from Special Courts &
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Legal Services. The Honorable High court has already issued necessary direction to all
District Judges and CJMs to share required information to the Commission.
2. Kerala State Child Rights Commission had submitted to the Govt. a draft Model
Guideline (meant for professionals and experts assisting children during pre and post trial
situations) for Kerala to be made and issued under Section 39 of the Act.
3. KeSCPR submitted a memorandum to the Chief Justice of Kerala on 22.05.2014,
proposed the following: Since the Principal Sessions Courts, which are presently
notified as Special Courts under the Act are overburdened, to take steps to notify any
other court of session having lesser pendency in every district as Special court to
discharge functions under the POCSO Act until exclusive Courts are set up in the State.
Steps to be taken to convert such Courts into a child friendly court in terms of ambience
and to provide court room, child witness room, accused room, arrangement for
refreshments and play area. At present, 164 statement recording process is ending up as a
harrowing experience for children; hence a comprehensive direction is to be issued by the
High Court
4. On 24.04.2014, the Commission has sent DO letter to the Home Secretary and the Law
Secretary on the need to adopt certain standards or criteria in the selection of Special
Public Prosecutors keeping in view protection and best interest of the child.

Smt. Nina P Nayak delivered the presentation on Sexual assaults against children in India.
The presentation was to analyze the incidence of sexual offences towards children in India and to
formulate remedial measures to prevent the occurrence of these offences. Considering the grave
aspects of Child Abuse we have to plan preventive measures that will be carried out by the
Government and the Non Governmental Organizations, to put an end to this problem.
Situational analysis Grim picture of child sexual abuse victims through analysis of the
following data
The Government of Indias data laid in Parliament in July 2014, NCRB data 2012, Delhi Data
2013, National Study on Child Abuse 2007, Tulir- CPHCSAs study in 2006, Missing ChildrenNCRB data and NCPCR cases -2007-2013, reveal there is a high incidence of child abuse in
India.
Government of India report dated 17 July 2014 laid in Parliament.
The details of this report had been published in the newspaper THE HINDU of 18TH JULY 2014.
It was highlighted that as many as 400 cases of sexual assault against children were reported in
the country with KERALA registering 145, the highest number of cases till March this year.
Kerala was followed by Andhra Pradesh which recorded 110 cases and Maharashtra registered
95 cases.

As per the NCRB data there was 40.4% spurt in child rape cases during 2001-2011.NCRB
DATA 2012, shows that the number of child victims of sexual abuse, exploitation and
trafficking include, procuring of minor girls 809, murder 1,597, rape 8,541, kidnapping and
abduction 18,266, exposure and abandonment 821, importation of girls from foreign country 59,
buying of girls for prostitution 108 and immoral trafficking 3554.

Statistics: Top States reported Sexual assault on children (2001-2011)

Statistics as per the National Crime Records Bureau shows that the number of cases of Sexual
assault towards children of different States is as follows: Madhya Pradesh 9465, Maharashtra
6868, Uttar Pradesh 5949, Chattisgarh 3977, Delhi 3688, Rajasthan 2909, Kerala 2776, Tamil
Nadu 2101, Haryana 1486, Punjab 1068, Gujarat 999 and West Bengal 744.
Government of India sexual abuse study 2007: It is a national study covering 13 states in
India with a sample size of 12,446. The children of Assam, Andhra Pradesh, Bihar and Delhi
reported the highest incidence of sexual assault.
The Children on street, children at work and children in institutional care reported the highest
incidence of sexual assault. 50% abuses are by persons known to the child or in a position of
trust and responsibility towards them. It is found that most children did not report the matter to
anyone.
TULIR CPSCSA study 2006: Tulir- CPHCSAs study was conducted among 2211 school
going children in Chennai. It was found that CSA prevalence rate is 42%. The children of all
socio economic groups found to be equally vulnerable for CSA. It was reported that 48% of boys
have been abused and prevalence rate among girls was 39%. About 15% of both boys and girls
had been severely abused.
NCRB Data-Missing children: Among 1,17,000 missing children, only 16,000 were found in
Rescue Stations in last 2 years.
A study by Bachan Bachao Andolan (Vitasa 2012) shows that one child goes missing every 8
minutes, or 7 per hour and a total of 331 missing children occurred during the period June 1 to
July18, 2012.
As per the NCRB (2009-11) data, out of the 2, 05,028 missing children, 1,40,978 was traced and
64050 were untraced (Aug 2012).
Ground reality Laws: As per the news in the Hindustan Times, dated October 31, 2013, 95% of
sexual abuse cases were not resolved.

Case study -1
On 15th November a gang rape of a minor girl was reported at a Police Station in a
district. Looking at the gravity of the matter the case was handed over to a Deputy
Superintendent Police.
Out of the 3 accused, two were arrested within hours of filing the FIR. The girl's medical
examination was done and an application for recording statement under Sec/164 Cr PC
was made to court on the same day. Statement under Sec/164 was recorded on the next
day.
The 3rd accused was arrested after 3 days. Accused were medically examined in
accordance with S/53(A) Cr PC. Evidence requiring FSL tests was packed and sent.
Since the victim was a minor the police added section 5(g)/6 of Prevention of Children
from Sexual Offences Act, 2012 (POCSO).
Case study II
The Principal of a leading private school and a Child line representative entered a police
station with a 15 year old girl and her mother and reported that girl has been victim of
sexual abuse by her father for over 2 years. Statements of all four parties were recorded
in the presence of 15 witnesses. Police filed a case under relevant sections of IPC and
added sections of POCSO. Father was immediately taken into judicial custody. The girl's
MLC Examination was done later in the day. Application for 164 statement of the victim
was made to the Court. Three days later when the girls statement was recorded she
withdrew the allegations.
NCPCR stepped in, initiated an inquiry through a specially constituted team, received
records of counseling sessions which the minor had been through previously at an NGO,
collects statements of the peers of minor and addresses letter to the Police recommending
that they oppose bail and file for an injunction order refraining alleged father from having
any contact with the child if she was released on bail.
Case analysis
In both the cases, within 7 days, the charge sheets were put up in the Sessions Courts, to
appoint Special Courts as prescribed in the POCSO Act, which had not yet been setup.
Police did not report the matter to the Child Welfare Committee to provide necessary
psycho-social aid or compensations to child victim and no Support Persons were
appointed.

Media picked up this matter at the police station and widely reported intimate details of
these cases, revealing information about the family, address, etc, causing great trauma to
the child victim and the family.
The Sessions Court did not have a Special Prosecutor who ought to have been appointed
and oriented to handle the sensitive issues on child assault cases.
Laws applicable other than POCSO Act to child victims
They include
1.
2.
3.
4.
5.
6.
7.
8.

Constitution of India Article 15 & Article 39

The United Nations Convention on Rights of Child
Juvenile Justice Act 2000 & Amendment Act 2006
IPC Provisions including Criminal Law Amendment Act 2013
SC & ST Prevention of Atrocities Act 1989
Applicability of Code of Criminal Procedure 1973
Information Technology Act 2000
Indian Evidence Act 1872

Multiple stakeholder systems: These systems are real hurdles in the proceedings of a case of
childhood sexual abuse. They include the following constraints in the process of working up a
case.
1. The POLICE Recording and reporting, filing of charge sheet within 30 days, referral for
medical examination and intimation to CWC NGO/ CHILDLINE. (Ministry of Home
Affairs: Advisory on Crime against Children (4July2010))
2. EXPERTS/TRAINED PERSONS To assist with communication with child victim
interpreter/translators/special educators
3. SUPPORT PERSON Assigned by CWCs to render assistance during pre-trial and trial
process
4. HEALTH SPECIALIST5. SPECIAL COURT - A Court of Session in each district to be designated as Special
Court. The jurisdiction of this court is as follows.
a) Shall also try an offence with which the accused may be charged at the same trial as
provided in Cr.P.C. 1973 [Sec. 28(2)
b) Empowered to try offences under S. 67-B of the Information Technology Act, 2000
c) Shall be dealt with under the provisions of the Juvenile Justice (Care and Protection of
Children) Act, 2000 [Sec. 34(1)]
d) Alternate Punishment Sec. 42 amended by Cr. Law Amd Act 2013 Over-riding effect
of Sec-42
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e) Presumption of having committed, abetted or attempted to commit an offence under

Section 3,5,7,9 of the POCSO Act, unless contrary is proved. [Sec. 29]
I.
Burden of proof on the accused to prove his innocence
II.
Shift of burden of proof from ordinary law under The Indian Evidence
Act, 1872 [S. 101]
6. Special Prosecutor Trained and experienced
7. NCPCR/SCPCR Role Detailed further
8. State Legal Services Authority Training of SJPU, dispensation of Victim
Compensation
NCPCR/SCPCR Monitoring role: NCPCR and SCPCRs Functions under Sec. 13 apply to
include in annual report, details of activities undertaken under POCSO Act
NCPCR/SCPCR Monitoring role rule 6 :Rule No. 6 describes the following - Designation of
Special Courts by State Governments and appointment of Public Prosecutors by State
Governments; Formulation of guidelines by the State Governments, for the use of nongovernmental organizations, 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 the application of these guidelines.
Monitoring the designing and implementation of modules by government for training police
personnel and other concerned persons, for the effective discharge of their functions under the
Act. Supporting the Central 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 the provisions of the Act. Call for a report on any specific case of child sexual abuse
falling within the jurisdiction of a CWC or any other agencies about the number of complaints
reported/registered and action taken in the cases. NCPCR could seek compilation of such
information from SCPCRs for influencing policy and practice when required. NCPCR or the
SCPCR may use the information so collected to assess the implementation of the provisions of
the Act.
Civil society organizations their role and responsibilities NGOs
They include
1.
2.
3.
4.

Report and organize Public Hearings.

Provide Victim Assistance with Support Persons.
To act as liaison between CWC and victims.
Preventive work- Partnering with skill development and capacity building of various
stakeholders.
5. Generating awareness about POCSO Act and investing in advocacy through IEC
material. (E.g. Plan interventional proposal to NCPCR, to partners.)
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Book Series, Training Manual, Time Table Sheet, Flash Cards, Cartoon book, Safe and
Unsafe Guide book, Guidelines for case management., wall calendars, T-Shirts, Book
Marks, Animation film, dedicated website ).
6. Juvenile Abuser: Provide Supportive services rehabilitation, reintegration. etc.
7. Seeking judicial interventions when State fails to implement POCSO Act.
Best Practice Models, as per recent update MWCD website (www.wic.in)
Objectives:
1. Child friendly procedures at all levels of interaction with the child.
2. Every child victim is to be interviewed by a trained doctor, police personnel or social
worker.
3. The Evidences are to be collected meticulously and in consistence with the IPC and the
Evidence Act.
4. Provide access to the victim child and family to the legal, social and psychological
services for the recovery and rehabilitation from the abuse.
5. Establish Central data collection centre for the entire state.
6. Facilitate planning and coordination of services.
7. Convergent training of stake holders in multi-disciplinary case management (co-ordinate
report, referral and rehabilitation of abused children)
8. Creating community awareness and disseminating information
The Need for Media Support & Obligation
1. Generate Awareness about CSA through, reporting of cases, interviews with stakeholders
and publishing statistics.
2. While reporting a case, maintain the dignity of the child victim. Identity of a child
including name, address, photograph, family details, school, neighborhood or any other
particulars which may lead to disclosure of identity of the child is barred, except with
special permission of Court handling the case.
3. Punishment for violation to maintain the confidentiality of a case shall be imprisonment
for a period which shall not be less than six months but which may extend to one year or
with fine or with both.

Dr.B.Sandhya IPS, delivered the presentation on the role of Police, Forensic & Trial Aspects
with Respect to POCSO ACT -2012.
As per section 24 of the POCSO Act, The statement of the child should be taken by a Women
Police Officer not below the rank of a Sub Inspector. Proper training should be given to Women
Civil Police Officers / Senior Woman CPOs and as per a PHQ Circular and they are to be posted
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as JWJOs. (Juvenile and Women Justice Officers). Kerala Police does not have adequate Women
Sub Inspectors to fulfill the above legal requirement.

The child should not be kept in a Police Station while taking statement to avoid stress.
Designated child friendly spaces have to be developed in CI/DySP Office/Vanitha Cell.
The Women Officer has to be given training on legal and psychological aspects to fulfill
the conditions required by section 26, that the statement should be taken in the childs
language, and in the presence of a person in whom the child has confidence and faith.
The Special Educators or Child Psychologists service has to be provided to the victim
child for helping to cope with the stress and strain. Provisions for expenses is needed for
this.
For taking the child for medical examination, special provisions are needed to pay for the
expenditure incurred to the Police Officer by making statutory rules.
Designated Special Courts have to come up for speeding up trial.
For the mitochondrial DNA test and other forensic requirements monetary expenses
should not be a constraint.
The Investigating Officer may be given discretion to choose the best Special Public
Prosecutor available in individual cases apart from the provision contained in section 32
(for appointment of a Special Prosecutor in the Special Court).

The essence of the Act and the responsibility to report a case of childhood sexual abuse
without fear to the Child Rights Commission as an offence, (section 19) should be known to the
public, professionals and officials of every school, madrassas and other educational institutions.
As in the case of Anti Ragging Act, awareness campaigns, related to POCSO Act may be
conducted in educational institutions.
School Health Nurses may be trained on these aspects (2000 of them are available in Kerala).
The public awareness measures for the propaganda and systematic proceedings in conducting the
POCSO Act include the following.
Formation of School Protection Groups.
Involvement of Janamaithri Beat Officers.
Media awareness on these aspects has to be ensured to the personals of hotels, lodges,
resorts, etc.
Formation of Special Juvenile Police Units should be given priority to carry out POCSO
Act. Every Police Station should have a child friendly space with competent trained
Juvenile Police Officer for ensuring fearless and supportive assistance for the victim
child.
Steps to be taken by Special Juvenile Police Unit or police within 24 hours of reporting
Care and protection: If child is in need of care and protection, reasons must be recorded and the
child must immediately be taken to the nearest hospital or shelter home or other necessary
measures must be taken
Production before Child Welfare Committee: If child is living in the same household as the
person who has committed or is likely to commit an offence, or the child is living in a Child Care

Institution and is without parental support, or is homeless and without parental support, she or he
must be produced before the Child Welfare Committee within 24 hours.
Medical Examination
If medical examination has not taken place before reporting the case, it must be done. If child is
need of urgent medical care and protection, she or he must be taken for emergency medical care
to the nearest hospital.
Report
The matter must be reported to the Special Court and the Child Welfare Committee along with
information about steps taken to extend care and protection to the child.
Recording of Statement by Police
Place of recording statement: The residence of the child or where child usually resides or at a
place of the childs choice. The child cannot be detained in a police station in the night.
Officials taking the childs statement: A woman police officer, as far as possible. The Officer
should not be in uniform.
The Officer should not be below the rank of Sub-Inspector.
Procedure of recording the statement: The Statement to be recorded in the presence of parent
or any person whom the child trusts. The Statement should be recorded by audio-visual means if
possible. The assistance of qualified translator or interpreter can be sought.
Protective measures: The Officer investigating the case must ensure that child does not come in
contact with the accused at any point. The identity of the child must be protected from the media
unless Special Court orders otherwise.
Child with Disabilities: The assistance of a qualified special educator or a person familiar with
the manner of communication of the child or an expert in that field can be sought while
recording the statement of a child with mental or physical disability.
Child friendly procedures to be followed by Police under POCSO Act
1. A copy of the First Information Report should be given free of cost to the person making
the complaint, and to the parents/guardian of the child victim if they have made the
complaint.
2. The Police should inform the child/the parents or the person in whom the child has trust
or confidence that the child is entitled to be assisted by the legal counsel of choice [R4(2)
(f)].
3. The Police should inform the parent, guardian or the person in whom the child has trust
or confidence about availability of support services such as counseling and help them
access such service [R4(2)].
4. The First Information Report should be recorded in simple language so that the child
understands the contents. [S.19 (3)].

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5. In case the report is recorded in simple language it should be in a way that the child
understands the contents. [S.19 (4)].
6. The childs statement must be recorded at the childs residence, or at a place where the
child usually lives or at a place of choice. Recording the statement at the place of choice
of the child will be applicable in cases of child sexual abuse within the home (Sec.24).
7. While recording the childs statement, the following information should be given by the
Police Officer to the person making the report and to the child, the parents or the person
in whom the child has trust and confidence (R.4(1)):
a. His/her name and designation
b. The address and telephone number where he/she is available.
c. The name, address and contact details of the Officer who supervises him/her.
8. The childs statement is recorded as spoken by the child. (sec 26(1)).
9. Immediate arrangements are made to provide the child with care and protection, such as
admitting the child into a shelter home or to the nearest hospital within 24 hours, if he/she
feels that this is necessary and after recording his reasons in writing.
10. The samples Collected for purpose of the forensic tests are sent to the forensic laboratory
at the earliest R.4 (2) (d).
The child or the childs parent or any person whom the child trusts, should be kept updated by
the Police, about the investigation of the crime form time to time regarding.
i.
ii.
iii.
iv.
v.
vi.
vii.

The arrest of the accused.

The framing of charges against the accused.
The filing of charge sheet against the accused.
The schedule of court proceedings that the child is either required to attend or is entitled
to attend.
The bail, release or detention status of the accused.
The outcome of the trial/rendering of a verdict after trail.
The sentence imposed on an offender.

Trial before Special Court

The trial should be In camera proceedings.

The Special Court can take cognizance based on a complaint or police report.
All the questions to the child by the Public Prosecutor or lawyer of the accused must be
communicated by the Special Judge.
The evidence must be recorded within 30 days of cognizance.
The child must not be exposed to the accused at the evidence stage, but accused should
be able to hear the testimony. Video-conferencing or single visibility mirrors or curtains
to be used. If necessary, assistance of a qualified translator or interpreter or special
educator can be sought while recording evidence of a child.

Responsibilities of Special Court

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Breaks between trials (intervals): The Court should permit frequent breaks during the
trial.
Deposition of Testimony: Do not allow aggressive questioning or character assassination
of the child and ensure that dignity of the child is maintained at all times.
Always
ensure that the child is not called repeatedly to testify in court.
Child-friendly: Create a child-friendly atmosphere by allowing a family member, a
guardian, a friend or a relative, in whom the child has trust or confidence, to be present in
the court.
Protective measures: Ensure that the identity of the child is not disclosed at any time
during the course of investigation or trial unless it is in her interest.
Time frame: Ensure that trial is completed, as far as possible, within one year from the
date of taking cognizance of the offence.

Shri.V.N Jithendran IAS, delivered the presentation on the Role of Child Welfare
Committees in guarding the rights of child victims, compensation and reintegration of
victims of sexual abuse.
POCSO ACT 2012
The POCSO Act was passed to exclusively deal with sexual offences against children (persons
below 18 years of age) and mandates the establishment of a child-friendly Special Court to try
offenders.
This law is applicable only to child survivors and adult offenders. In case two children have
sexual relations with each other, or in case a child perpetrates a sexual offence on an adult, the
Juvenile Justice (Care and Protection of Children) Act, 2000, will apply.

Reliefs available to a child victim of sexual offences

Child-friendly processes
Emergency medical care
Care and protection (duty of CWC)
Determination of placement
Providing support person
Compensation
Punishment to the perpetrator
Main Role of Child Welfare Committee

The main role of the Child Welfare Committee under POCSO is to provide assistance to children
who are alleged to be victims of sexual assault and, where applicable, their families, in obtaining
care and protection.
This role has been given to the Child Welfare Committees in recognition of the fact that in cases
of sexual assault it is important to look beyond the investigation and trial of the alleged
perpetrator to providing assistance to the children in such cases who are in need of care and
protection.
Procedure of a case of child abuse
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Special Juvenile Police Unit or Police records information pertaining to the commission of an
offence, or apprehension that it is likely to be committed.
Makes a preliminary assessment as to whether the child is in need of care and protection and if
so, taking immediate steps to ensure protection.
Reporting the case to the Special Court and the Child Welfare Committee (CWC) within 24
hours of receiving the report about the commission of the crime.
Procedure to produce the child before Child Welfare Committee
Produce the child before the Child Welfare Committee within 24 hours

if the child has been abused or faces the risk of further abuse in the place where the child
is residing,
or if the child is without parental support

(Together with reasons in writing as to whether the child is in need of care and protection and
with a request for a detailed assessment by the Child Welfare Committee).
Circumstances where a child can be brought before the Child Welfare Committee
i.
ii.
iii.

Child living in the same or shared household with a person whom the police allege has
committed or is likely to commit or attempt to commit an offence under POCSO
Child living in a child care institution and does not have parental or other family support.
Child is found without any home or parental or other family support such children,
should be determined by the Special Juvenile Police Unit or local police, for reasons
recorded in writing to be, a child in need of care protection and support.

Circumstances where the presence of the abused child is not necessary: The presence of a
disabled, severely injured or a child below 2 years before the Child Welfare Committee, is not
necessary for beginning with the statutory inquiry, and the Child Welfare Committee has powers
to dispense with attendance of such child.
Role of Child Welfare Committee in the confinement of an abused child: Child Welfare
Committee should determine a suitable placement for a child who has been abused or is facing a
threat of abuse in her/his place of residence, within three days and providing a support person to
a child for assistance during the investigation and trial with the consent of the child and her/his
parent, guardian, or person whom the child trusts.
Determination towards an abused child by the Child Welfare Committee: Upon receipt of the
report from Special Juvenile Police Unit the Child Welfare Committee must proceed in
accordance with its powers under section 31 of Juvenile Justice Act 2000, to make determination
within 3 days either on its own or with the assistance of a social worker as to whether the child
needs to be taken out of the custody of his family or shared house hold and placed in a
Childrens Home or a shelter home. Determination is based on best interest of the abused child.
In arriving at the decision on the confinement of an abused child , the Child Welfare Committee
shall take into account any preference or opinion expressed by the child in the matter together

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with the best interest of the child. The determination shall be informed to the child and his parent
or guardian or support person.
Providing Support Person to an abused child: With the consent of the abused child and his parent
or guardian, Child Welfare Committee may provide a support person, to render assistance to the
child throughout the process of investigation and trial. The Support person may be:
A person or organization working in the field of Child Rights /Child Protection/ an official of a
Children's Home or Shelter home having custody of the child/ a person employed in District
Child Protection Unit.

Qualifications for the Support Person of an abused child

A support person should preferably have a minimum of four years work experience on
issues related to violence against children / women.
It is advised that Support Persons comprise of people with the following qualifications:
Persons with legal or Para-legal qualifications;
Persons who can offer counseling and emotional support;
The Support Person must comprise of an individual who is conversant in the
mother tongue of the child and the family to help them fully participates in the
Child Welfare Committee proceedings.
The District Child Protection Units and Child Welfare Committees should conduct training
workshops every year with the Support Persons to upgrade their skills in dealing with survivors.
Roles of the Support Person towards an abused child
Shall maintain the strict confidentiality of all the informations.
Inform the proceedings of the case to the child and his parent /guardian /other person in
whom the child has trust and confidence.
Inform the child of the role he may play in the judicial process.
When a support person is provided to the child, the information shall be passed on to the Special
Court within 24 hours by Special Juvenile Police Unit /Police.
The Services of the Support person may be terminated by Child Welfare Committee on request
from the child and his parent /guardian or other person in whom the child has trust and
confidence without quoting the reasons.
Child Protection Plan: After the Support Person has had an opportunity to interact with the child,
she / he should formulate a Child Protection Plan in respect of the abused child. This plan will be
submitted to the Child Welfare Committee and can serve as a working tool that should enable the
family and professionals to understand what is expected out of them and what they can expect
about others. The aim of the plan is: To keep the child safe; to care for the abused child and
promote his welfare; and to support his / her family.

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List of Support Persons to care abused child

The District Child Protection Units and the Child Welfare Committees have to keep a list of
persons / organizations who can be appointed as Support Persons to care the abused child.
Responsibilities of the State Government

Designate Sessions Courts as Special Courts in every district.

Appoint Special Public Prosecutors for every Special Court for conducting cases only
under POCSO Act.
Disseminate Information about the Act through media at regular intervals to make the
general public, parents, and children aware about the provisions.
Periodically train Officers of the State Government and others including police on
matters relating to the implementation of the Act.
Frame Guidelines for NGOs, 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.
Compensate Child victims from the Victim Compensation Fund/any other fund within 30
days from the date of the order of the Special Court.
Pay Experts For the services of interpreters, translators, special educators or experts
Referral for
- Medical Care
- Mental health support
- Sponsorship services
The Action Points for the Social Justice Department
Formulate Guidelines under Section 39 for experts and support persons.
Conduct Trainings on POCSO Act and Rules.
Adopt Measures to disseminate information about POCSO in schools, among parents,
children, and general public. Advertisements put up at regular intervals and they are
screened and disseminated.

Victim Compensation Scheme

Section. 8 Rule 7 of the POCSO Act deals with victim compensation. The Department has given
compensation in 2 cases so far. Now that the Home department has formulated a victim
compensation scheme (G.O (Ms) No.37/ 2014/Home) and the disbursement will be carried out
through this scheme.

Rape----------Fine maximum up to Rs. 3 lakh

Sexual Assault... Fine maximum up to 50,000/It also says that if the victim is below 14 years or less, the compensation shall be
increased 50% more than specified above.

Other initiatives-Reintegration/Rehabilitation Programs

One Stop Crisis Centre (OSCCs)

Nirbhaya Shelter Homes
Nirbhaya help lines
Child line Services
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 Foster Care & Sponsorship programs

Compensation given to an abused child
o Court may pass an order for interim compensation to meet the immediate relief to the
child after the registration of First Information Report.
o The compensation is to be paid by the State Government from the Victims compensation
Fund or any other fund established for this purpose.
o Social Justice Department has evolved a corpus fund under the disposal of District
Special Juvenile Officers to cater the urgent needs of abused children in the District.
The initial trauma of a young child may go underground But it will return to haunt us.

Dr. N. Sreedhar Additional Director of the Health Services Department, delivered the
presentation on the Role of health personnel/ facilities in the implementation of POCSO
ACT.
Role of GBV ( Bhoomika) Clinics.
These Clinics were started for the counselling and support of women victims of sexual abuse and
domestic violence.
In the year 2013, these clinics were renamed as One Stop Crisis Centre (OSCC) which provides
legal support and safe temporary shelter care facility for the victims. Services of specialist
doctors, legal aid, police aid and safe temporary shelter care facilities are available for the abused
children at Bhoomika clinics.
Medical examination of abused child as per section 27 of POCSO Act
1. As per the POCSO Act and also in pursuance with the Criminal Proceedings of IPC
(1974) , Section, 104 A, a sexually abused child can be taken for medical examination
and evidence, even if no complaint is registered or FIR is available.
2. If the abused child is a girl, the medical examination should be done only by a Female
Doctor.
3. The medical examination of the abused child shall be conducted in the presence of
parents, guardians or anyone who is familiar to the child and whom the child trusts.
4. In the absence of parents, guardians or trustworthy persons the medical examination shall
be conducted in presence of a Female Attendant whom shall be designated by the Head /
MO in-charge of the hospital.
As per 164(A) of the Criminal Proceedings the medical examination of the abused child shall be
carried out by a Medical Officer from Government Service or any other Doctor requested by the
parents/ guardians or the victim.

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The Medical Report should contain the reason for the opinion of the medical examination.
Proceedings of Medical Examination -Guidelines -1
POCSO Rules 2012 ; Section 5(2) specifies that strict confidentiality and privacy should
be maintained for the victim during the procedure of medical examination.
POCSO Rules 2012 ; Section 5(3) specifies that no type of magisterial requisition should
be made for the conduct of medical examination.
Proceedings of Medical Examination -Guidelines -2
As per the POCSO Rules 2012; Section 5(4) the Medical Officer who had conducted the
medical examination should provide the following services for the abused child.
Provide treatment for the wounds or injuries sustained in the Genitalia. Provide treatment
for sexually transmitted diseases e.g., HIV and measures to prevent pregnancy.
Proceedings of Medical Examination -Guidelines -3
Provide referral for positive Mental Health and when samples to validate Forensic
evidences are required, they are to be collected as per the section 27of POCSO Act, 2012.

DECLARATION
The Guidelines for proceeding in a case of sexually abused child as per the POCSO Act, 2012, is
informed to all the Health Professionals and the Doctors of the Health Services Department by
the authorities.
Locations of the Clinics where a Sexually Abused Child is to be Examined
Bhoomika Clinics are located in District Hospitals, Taluk Headquarters Hospitals.
In the Primary Health Centres and Community Health Centres, the Medical Officers
conduct counselling of an abused child and if required provide referral to a higher centre
for further investigation.
Services available at the schools for the prevention, care and support of childhood sexual
abuse: School Health Nurses are appointed for the purpose of prevention, care and
support of sexual abuse. School Counsellors provide School Counselling.
Provision of the services of a Psychiatrist deputed by the Health Services Department is
available.
If required children can be referred to a PHC where the clinic of District Mental Health
Programme functions.

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Role of the Society towards Childhood Sexual Abuse

1056 is a Toll Free Number for informing a case of Childhood sexual abuse. This is a part
of the Public Awareness Programs. Campaigns should be conducted to enhance Public
Awareness with the use of Media.
Childhood Sexual Abuse is a heinous crime towards children and has to be prevented by
the enforcement of POCSO Act 2012, with the vigilant support of the Police, Legal and
Health Departments. An integrated Multidisciplinary approach by the professionals and
officials of these departments is the real need to fight against this antisocial crime. Public
awareness and support of the Educational Department is also mandatory in the process of
prevention of childhood sexual abuse.
Let us all join our hands together to achieve a childhood abuse free nation

Dr. Suseela Mathew facilitated the group discussion session which was designed to get the
reflections, feedback, suggestions and the hurdles facing the NGOs in implementing the POCSO
Act. The participants were divided into three groups and each group was given one of the three
predetermined themes for discussion. After the discussion time concluded, each group was to
make suggestions and points towards the prevention of child sexual abuse and better
implementation of the provisions of the POCSO Act.
The Themes for Group Discussion were the following
1. How do you function in protecting the best interest of the child under POCSO Act? What
support you require from KeSCPCR?
2. Challenges faced by NGOs in assisting the child, parent/guardian under the POCSO Act.
What support you require from KeSCPCR?
3. Role of NGOs in preventing offences under the POCSO Act, gaps in the existing system
& Suggestions for effective intervention. What support you require from KeSCPCR?
The three group leaders presented the salient points which arose out of their discussion.
The suggestions of Group I
i.

Propagate awareness about POCSO Act to the public by proper use of media like
Newspaper, Radio, TV, Internet, etc. and also popular modern social networks like
Facebook, Twitter, Blog, SMS, etc.

ii.

Involvement of Local Self Governing Bodies and Motor Vehicle Department for the
awareness of POCSO Act.

iii.

Establish Special Care Homes for the victims.

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iv.

Keep confidentiality, provide counseling, medical treatment and rehabilitation.

v.

Provide Police support and Legal support to the Victim and parent in a child friendly
manner.

The suggestions of Group II

I.

Enhance awareness of POCSO Act to the concerned authorities who are within the
jurisdictions for implementing the Act.

II.

Reduce the threat and stress faced by the personnel of NGOs, avoid bias and undue
pressure from politicians and authorities.

III.

Carry out and dispose the abuse cases without delay, provide victim compensation and
frame guidelines for it.

IV.

Provide support persons for the victim and ensure proper protection of the personnel of
NGOs.

V.

Frame the panel of lists of the experts at the state and district levels.

The suggestions of Group III

a) Revision of syllabus and curriculum of students above High School levels to include Sex
Education and to create awareness regarding POCSO Act. Training of Teachers in this
matter is mandatory.
b) Convergence of services of different departments in the implementation of POCSO Act
with the aim of integration and imparting a multidisciplinary approach.
c) Publish a Resource Persons and NGOS Directory.
d) Strengthen functioning of One Stop Crisis Cells.
e) Placement of Awareness Boards regarding POCSO Act in public places like Theatres,
Bus Stops, Railway Stations, Airports, Hospitals and Government Institutions.
f) There is a relative lack of coordination of services, lack of financial support and shortage
of fund, other resource support, in sensitiveness of teachers and other authorities.
g) There is no screening of vulnerable children and lack of Safe Short Stay Support Homes.

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The reflections and suggestions of the groups were heard and discussed in detail by the
members of KeSCPCR and Ms. Nina Nayak. They welcomed the suggestions and points
given by the three groups which would be positively taken up. The KeSCPCR members urged
the NGOs for closer cooperation and communication.
The vote of thanks was given by Shri. S.H. Jeyakesan Registrar, KeSCPCR, who
expressed gratitude to one and all who participated in the seminar.

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