Protecting the Vulnerable: A Recent Victory in Child Protection

This case involved a child, referred to here as "A," whose parents had separated in 2018, leading to an ongoing custody battle. Disturbingly, it came to light in 2023 that A had been subjected to cruelty and sexual abuse by close relatives. Upon learning of these horrific events, A's father promptly filed a complaint with the Delhi Commission for Protection of Child Rights (DCPCR), which led to the registration of an FIR and subsequent charges under the POCSO Act.

The legal proceedings became particularly challenging when A's mother, one of the accused in the POCSO case, was granted visitation rights by the Family Court. This was despite A's clear and repeated statements to child protection agencies that they did not wish to meet or live with their mother. Our firm argued vehemently that these visitation orders were in direct conflict with A's rights under the POCSO Act and the POCSO Rules, 2020, particularly the entitlement to privacy, confidentiality, and being kept away from the accused.

We emphasized that the provisions of the POCSO Act are designed to supersede other acts in cases involving child sexual abuse, ensuring the child's safety and well-being are paramount. The Family Court's decision to refuse an application to adjourn proceedings during the pendency of the POCSO case further highlighted the need for judicial clarity on this matter.

Our dedicated legal team, led by Mr. Karnik Rajat and Mr. Kumar, tirelessly advocated for A's rights in the High Court. We sought a directive to restrain the Family Court from passing any orders regarding A that would conflict with or infringe upon their rights under the POCSO Act.

The High Court, recognizing the gravity of the situation and the protective intent of the POCSO Act, issued a crucial order. It directed the concerned Family Court to "scrupulously comply with the substantive and procedural requirements set out in the POCSO Act and the Rules framed there-under." This directive is a significant victory, reinforcing the supremacy of child protection laws and ensuring that the child's welfare remains at the forefront of all legal proceedings.

This case serves as a powerful reminder of the complexities involved in child protection cases and the unwavering commitment required to safeguard the rights of child victims. At Legal Blue, we are proud to have played a part in securing this important legal precedent, ensuring that the spirit and letter of the POCSO Act are upheld. We remain dedicated to fighting for justice and providing compassionate, expert legal representation to those who need it most.