Lawfully Yours: By Retd Justice K Chandru

State mechanism needed to create awareness in Pocso cases

Despite the protection offered by Pocso Act, cases registered under the Act are on the rise. Every other day, there’s one news or another of sexual abuse, even from educational institutions where the offenders include the teaching staff. Sadly, students are still unsure about the capability of their institution when it comes to sexual abuse. Can there be a mechanism for institutes to set up Pocso committees to instil confidence among students and ensure they approach them to report any such crimes and hold offenders accountable as per law?

— Vaishakhi, Siruseri

It is no doubt true that the Pocso Act provides for monitoring obligations on several agencies such as the NCPCR (National Commission for Protection of Child Rights) and Child Rights Commission, and the duty of reporting such offences to the medical professionals and NGOs as a mechanism to spread legal help to victims and parents. However, it has not provided a mechanism to spread awareness of it in schools and other places. Many schools these days are informing children about being aware of moves of wrongful advances by sexual predators on them and the concept of “bad touch”, “good touch” etc. But that is not enough. The State must provide a compulsory mechanism to create awareness also. However, studies now show substantial crimes against children are committed by the near-and-dear ones and within the vicinity of their homes and they go unreported. How to stop those offences?

Enacting Right to Services Act can make officials responsible

I have been sending emails and WhatsApp messages to various government departments and officials seeking clarifications but unfortunately, they do not elicit any response. Though this is not surprising considering their attempts to deny information under the RTI Act on flimsy grounds, how can they remain silent to the continuous requests of the public? They being the public servants, should they not respond to the queries raised by the public? What is the way out of this? Please suggest.

— VS Jayaraman, T Nagar

Your attempt to activate the services through WhatsApp alerts may not work though some officials do respond. It cannot be a substitute for an RTI query. The RTI (Right to Information) Act provides elaborate procedures including appellate authorities & CICs to deal with the matter besides sanction recommending power to the commission. Even then some officers are lethargic and stonewall in giving information. Ultimately the demand to bring in the Right to Services Act is the only way out. Already some states are having it.