The Karnataka High Court last month introduced technology-oriented standard operating procedures (SOP), including the Pocso digital portal, to help victims in cases registered under the Protection of Children from Sexual Offenses (Pocso) Act until another SOP is formulated with the help of experts. The portal aims to help manage all Pocso cases in Karnataka.
The context of the court’s directions, which came in an order passed by a bench of Justice Suraj Govindaraj on October 15, was a case involving a 13-year-old girl who was sexually assaulted and threatened by an acquaintance of her uncle. It was found that she was pregnant during the medical examination. The petition filed before the court requests a medical termination of the pregnancy, taking into account the report of the hospital’s medical committee, as well as the girl’s young age and her right to physical independence.
While the Authority accepted these claims and granted permission for medical termination of pregnancy, it noted that several cases had been brought to court where minor victims were not informed of the possibility of medical termination of pregnancy in a timely manner. They then had to go to court as the maximum time limit for termination was exceeded. Normally, the Medical Termination of Pregnancy Act allows a pregnancy to be terminated for up to 20 weeks if at least two doctors agree there is a risk to the mother’s physical or mental health, among other conditions.
In the current case, the court also ordered that the DNA of the terminated fetus be preserved for criminal investigation.
In this context, the Court established a standard operating procedure, explaining that experts will have to improve and formulate it comprehensively as soon as possible. The court ordered the creation of an online platform to manage all Pucso cases in Karnataka, with real-time data from police networks, along with “pseudonym identifiers” and other encryption methods to ensure anonymity of victims.
The court stated that this system will be programmed with all mandatory deadlines in BOXO cases such as deadlines for indictments and medical examination. Any violation of the schedule will result in automatic escalation via SMS and email. He was also mandated to establish committees at the district and state levels to monitor case progress and compliance data. The SOP also includes expected workflow and timelines from reporting the crime onwards.
© Indian Express Private Limited
(Tattentranslate)Kaka Pocso Cases
