The following case laws emphasize and establish that cases pertaining to individuals below 18 years of age come under the jurisdiction of Child Welfare committee in case of children in need of care and protection and Juvenile Justice Board in case of children in conflict with law. They also reiterate a greater need for institutions to make the mechanism as child-friendly as possible. Furthermore, the Home Investigation Reports (HIRs), medical reports carry due weight as evidence in the court of law and for the best interest of child are mostly treated as confidential.
The following case laws will help you to appreciate and understand the application of the Prevention of Immoral Trafficking and Prevention Act (PITA) and the Protection of Children from Sexual Offences Act (POCSO):
CRIMINAL WRIT PETITION NO. 102 OF 2007
The petition was taken up on the basis of an article published in the Hindi newspaper “Hindustan” (Lucknow Edition) written by Ms. Anjali Sinha and the translated caption of the article is “Orphanage or Places for Child Abuse”. The article was forwarded to this Court by one A.S. Choudhury along with a letter and that is the genesis of this petition.
CRIMINAL WRIT PETITION NO. 1332 OF 1999
The petition was filed under Article 226, seeking instructions to the State Government regarding the state of Kasturba Sadan which is a rescue home established for victims of commercial sexual exploitation and trafficking.
CRIMINAL WRIT PETITION No. 788 of 2002
This petition was filed to protect children and minor girls rescued from the flesh trade against the pimps and brothel-keepers keen or re-acquiring possession of the girls. Further, it raised concerns over ethicality of lawyers representing both pimps and minor girls in the same case and cases of minor girls not being tried in Child Welfare Committee or Juvenile Justice Board at the first instance.
CRIMINAL WRIT PETITION NO. 1694 OF 2003
The petition sought creation of mechanisms within judiciary and police to effectively deal with cases of human trafficking and further ensure enactment of provisions of the ITPA Act such as establishment of Special Courts envisaged under ITPA Act and other guidelines such as appointment of counsellors to shelter and rescue homes etc.