The Delhi Police’s oversight in recognising the victim’s age and the severity of the crime led them to notify the DCW instead of the appropriate authority, the Child Welfare Committee, the court said.
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The Delhi High Court on Thursday granted the city government three weeks to formulate a standard operating procedure (SoP) to be followed in cases of sexual assault of children. The high court’s direction came while hearing a suo motu plea concerning the alleged rape of a minor girl by an officer of the Women and Child Development Department (WCD), and the public disclosure of the victim’s identity.
Premoday Khakha, 51, allegedly raped the minor girl over several months and impregnated her. Mr. Khakha was placed under suspension after the incident came to light.
During the hearing, the Women and Child Development Department said the process of consultation with the National Commission for Protection of Child Rights and the Delhi Commission for Women was still going on. A Bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula said, “counsel for GNCTD prays for three weeks’ time to conclude the deliberations towards formulating an SoP in terms of order dated August 28, 2023. She is granted three weeks’ time”.
In August, the high court had taken note of a report by DWCD pertaining to Delhi Police’s handling of the case.
“Their [Delhi police] oversight in recognising the victim’s age and the severity of the crime led them to notify the DCW instead of the appropriate authority, the Child Welfare Committee (CWC),” the high court had noted.
“This procedural deviation denied the victim the necessary support and care mandated by the Protection of Children from Sexual Offences (POCSO) Rules, 2020. More disheartening was the disclosure of the victim’s identity and personal details in the FIR,” the high court had remarked.
“While the DWCD did undertake measures to prevent future lapses, such as instructing the District Child Protection Officer to visit the victim, there arose another point of contention. A counsellor from the Delhi Commission for Protection of Child Rights (DCPCR) had, without proper procedure, met the victim,” the high court had highlihted.
“The emotional health, confidentiality of child’s identity, safety and security have been compromised and the media reporting has contravened POCSO Act,” the high court had observed.
It had said that even with ample legislations, guidelines, and court orders in place, state institutions have unfortunately been sluggish in their response. It remarked that all relevant officers from concerned departments must adhere to well defined protocols in these situations.
To ensure uniform and effective care for victims, the high court had on August 28 ordered for creation of a draft a SoP. “This SoP should elucidate roles, responsibilities, and jurisdictions, facilitating seamless coordination should such an unfortunate event transpire in the future,” the high court had said.