Code: Section 39 POCSO
Subject to such rules as may be made in this behalf, the State Government shall prepare guidelines for use of non-governmental organisations, professionals and experts or persons having knowledge of psychology, social work, physical health, mental health and child development to be associated with the pre-trial and trial stage to assist the child.
Explanation of Section 39 POCSO
Section 39 of the Protection of Children from Sexual Offences Act (POCSO) mandates the preparation of guidelines by the State Government for involving non-governmental organizations (NGOs), professionals, and experts in the fields of psychology, social work, physical and mental health, and child development. These individuals or organizations are intended to assist the child during both the pre-trial and trial stages.
The goal of this provision is to ensure that a child’s well-being is prioritized during the legal process and that experts can provide the necessary emotional, psychological, and physical support. These guidelines help in creating an environment that is child-friendly, especially during sensitive legal proceedings.
Illustration
Example 1: Involvement of Child Psychologist in Court Proceedings
A child who is a victim of sexual abuse is involved in a trial. Under Section 39 POCSO, a child psychologist is appointed to assist the child during questioning. The psychologist helps prepare the child emotionally for the trial and provides expert testimony regarding the child’s psychological state, ensuring the child’s well-being is protected throughout the process.
Example 2: Role of Non-Governmental Organization (NGO)
An NGO specializing in child welfare is involved in a case where the child victim may experience trauma due to the legal proceedings. The NGO provides support services, including safe spaces for the child to express their feelings and ensuring the child’s safety, thereby assisting the child in handling the legal challenges they face.
Common Questions and Answers on Section 39 POCSO
1. Who can be involved to assist a child under Section 39 of POCSO?
- Answer: Non-governmental organizations (NGOs), professionals with expertise in psychology, social work, mental health, physical health, and child development, can be involved in assisting the child during both the pre-trial and trial stages.
2. What is the purpose of the guidelines under Section 39 POCSO?
- Answer: The guidelines aim to ensure that a child’s emotional, mental, and physical well-being is protected during legal proceedings. Experts are brought in to assist the child throughout the trial, ensuring the process is as child-friendly as possible.
3. Why is the involvement of experts necessary in POCSO cases?
- Answer: Experts are necessary to help minimize the psychological impact of the legal process on the child and to provide specialized support. They also assist in ensuring the child’s development and health are not compromised during the trial.
Conclusion
Section 39 of the POCSO Act ensures that children, who are victims of sexual offences, receive the necessary support and care from professionals and organizations. By involving psychologists, social workers, and other experts, the legal process becomes more sensitive to the needs of the child, helping to shield them from further trauma while ensuring justice is served.
