Source – Madras High Court 

Why in News?  

Recently, the Madras High Court in the matter of Kajendran v. Superintendent of Police and others has held that when a minor seeks to terminate a pregnancy arising out of a consensual sexual relationship, the registered medical practitioner may not insist on disclosure of the name of the minor for preparing a report under Section 19 of the Protection of Children from Sexual Act, 2012 (POCSO). 

Background   

• The aforesaid matter was given to the Juvenile Justice Board by the Madras High Court.  
• Thereafter, a bench comprising Justice Anand Venkatesh and Justice Sunder Mohan was constituted to monitor the implementation of provisions of the POCSO and the Juvenile Justice Act, 2015 on the judicial side as the issues raised during the course of hearing of this matter needed to be taken forward in order to ensure that best practices are put in place for all the stakeholders.  

Court’s Observations 

• The Court observed that where a minor approaches a registered medical practitioner for medical termination of pregnancy arising out of a consensual sexual activity, it is not necessary to insist for the disclosure of the name of the minor in the report that is normally given under Section 19(1) of the POCSO Act. 
• This procedure has to be followed, since there are instances where a minor and their guardian may not be interested in proceeding further with the case and entangle themselves in a legal process. In such instances, such termination of pregnancy can be made without the disclosure of the name of the minor.  
• The Court added that these observations could be taken into consideration while preparing the SOP with respect to the medical tests of victim girls. 

Legal Provisions  

POCSO Act, 2012 

• This Act was passed in 2012 under the Ministry of Women and Child Development. 
• It is a comprehensive piece of legislation designed to protect children from crimes including sexual assault, sexual harassment, and pornography.  
• It is gender neutral act and considers welfare of the child as a matter of paramount importance.  
• It provides for the establishment of Special Courts for trial of such offences and related matters and incidents. 
• Death penalty as a punishment for offences of penetrative sexual assault and aggravated penetrative sexual assault was introduced in this act by the POCSO amendment bill, 2019.  
• Section 4 of this Act prescribes punishment for penetrative sexual assault.  
• Under Section 2(1) (d) of the POCSO Act, a child is defined as any person below the age of 18 years. 
• Section 19 of this Act contains provisions relating to ‘Reporting of Offences’. It states that -  

(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (CrPC), any person (including the child), who has apprehension that an offence under this Act is likely to be committed or has knowledge that such an offence has been committed, he shall provide such information to-- 

(a) the Special Juvenile Police Unit; or 

(b) the local police. 

(2) Every report given under sub-section (1) shall be-- 

(a) ascribed an entry number and recorded in writing; 

(b) be read over to the informant; 

(c) shall be entered in a book to be kept by the Police Unit. 

(3) Where the report under sub-section (1) is given by a child, the same shall be recorded under subsection (2) in a simple language so that the child understands contents being recorded. 

(4) In case contents are being recorded in the language not understood by the child a translator or an interpreter shall be provided to the child if he fails to understand the same. 

(5) Where the Special Juvenile Police Unit or local police is satisfied that the child against whom an offence has been committed is in need of care and protection, then, it shall, after recording the reasons in writing, make immediate arrangement to give him such care and protection.  

(6) The Special Juvenile Police Unit or local police shall, without unnecessary delay but within a period of twenty-four hours, report the matter to the Child Welfare Committee and the Special Court. 

(7) No person shall incur any liability, whether civil or criminal, for giving the information in good faith for the purpose of sub-section (1). 

Juvenile Justice (Care and Protection of Children) Act, 2015 

• This Act came into force on January 15, 2016.  
• It repealed the Juvenile Justice (Care and Protection of Children) Act, 2000. 
• This Act seeks to achieve the objectives of the United Nations Convention on the Rights of Children as ratified by India on December 11, 1992.  
• It specifies 58+ procedural safeguards in cases of children in conflict with law. 
• It seeks to address challenges in the existing Act such as delays in adoption processes, high pendency of cases, accountability of institutions, etc.  
• The Act further seeks to address children in the 16-18 age group, in conflict with law, as an increased incidence of crimes committed by them have been reported over the past few years 
• According to Juvenile Justice (Care and Protection) Amendment Act, 2021, crimes against children which are mentioned in the chapter “Other Offences Against Children” of the JJ Act, 2015 and that allows imprisonment between three and seven years will be deemed “non-cognizable”.