Right of minor victim to participate in the judicial process: Bombay HC seeks reply from State.
2rd October 2020
On October 1st 2020 high court of Bombay requisitioned a reply from the State of Maharashtra while being attentive to a public interest litigation PIL filled by a public servant seeking instructions to all or any criminal courts to secure environment friendly and fantastic participation for child victims via their legal guardian in the slightest degree levels of the judicature proclaiming non execution of certain provisions of the protection of toddler from sexual offences.
The PIL which was filed by Arjun Malge, who works with child victims of sexual abuse and their families, in Mumbai was heard by the bench of Chief Justice Dipankar Datta and Justice GS Kulkarni .On behalf of the petitioner advocate Somashekhar Sundaresan appeard with advocates Sania Mukadam and Priyanka Mali. He then said that following sections 40 of the POCSO ACT , Rule 4 sub rule 13 of POCSO rule 2020 and section 493 (1-A ) of Crpc are not practiced. He also stated that these sections are followed more in breach than in practice.
After listening to the court accession on petitioners behalf, the court governed the state authorities to file a reply by October 6 and asked the petitioner to file a rejoinder to the stated reply by Oct. 9th .The subsequent date in this case is on Oct 13th.