Child rights activist perplexed with Mumbai police’s circular on POCSO

Mumbai police chief Sanjay Pandey makes it mandatory for permission from the Deputy Commissioner of Police before registering a FIR in POCSO cases

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Child rights activists and lawyers representing children in cases of Protection of Children from Sexual Offences (POCSO) are "perplexed" and call the circular issued by the Mumbai police chief Sanjay Pandey making it mandatory for permission from the Deputy Commissioner of Police (DCP) before registering a FIR in the case, "absurd."

Maharukh Adenwalla, well known advocate and a child rights campaigner said the circular issued on June 9 is "absurd". She questioned, "How can a circular override the law? The commissioner's circular is contrary to the central government's legislation. What evidence is there to show that false complaints are filed under POCSO?" She went on to say, "The circular does not realise how difficult it is to register a FIR in these cases where the accused is often known to the family. What message are we giving out to the society that 'children are lying'! Why is there a narrative that only focuses on how laws for women and children are being misused?"

"The circular is overriding the objective of the law, it is just "ridiculous". The law has mandated the registration of a FIR when a complaint is received. So by adding the condition of getting the DCP's permission, the accused will get ample time to threaten and pressurise the victim and her family. No one has thought of how much trauma that will cause a child who has shown courage by coming to the police and now there are these layers before filing a FIR" said Priti Patkar, director of non-government organisation (NGO) Prerana that works to protect children vulnerable to commercial sexual exploitation.

Farida Lambay, founder trustee at Pratham, NGO that works for underprivileged children said she is "perplexed" to learn about the circular. She said, "The circular is in clear violation with POCSO. I don't know the intention behind it as to why the decision was suddenly taken. I am perplexed! This will create more problems for the victim and her family."

"The circular is not in accordance with POSCO. When the police receive information about an offence, a FIR has to be registered immediately. This circular is a great disservice and is contrary to the law. In all the time that is taken to get the permission from the DCP, the accused who is more often than not known to the accused and the family will threaten the child and more time will be lost. Who was consulted before taking out the circular", asks advocate Persis Sidhva, who works with Rati Foundation that works to create spaces for children safe from sexual violence.