Empowering Child Victims: Maharashtra's Revolutionary Support Person Guidelines 2025 Under POCSO Act

 

 

Maharashtra Government has implemented comprehensive guidelines for Support Persons under Section 39 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, issued on July 4, 2025. These guidelines represent a significant advancement in child protection, transforming from optional support to mandatory assistance for all POCSO victims across the state.

Read Maharashtra Govt Guidelines here: Click here.

Legislative Foundation and Supreme Court Mandate

The guidelines emerge from specific directives of the Supreme Court of India in landmark cases including "We the Women of India vs. Union of India" (Writ Petition No. 1156/2021) and "Bachpan Bachao Andolan vs. Union of India" (Writ Petition No. 427/2022). The Hon'ble Supreme Court emphasized that the need for support person should not be left to the discretion of parents and mandated that in all cases, victims must be informed about the availability and right to claim assistance from Support Persons.

Understanding Support Persons Under POCSO Act

Under Section 39 of the POCSO Act, 2012, Support Persons are trained professionals who provide emotional, psychological, and practical assistance to child victims during legal proceedings. They serve as crucial intermediaries between child victims, their families, and the justice system, ensuring comprehensive protection throughout the entire legal process.

Section 39 specifically states: "Subject to such rules as may be made in this behalf, the State Government shall prepare guidelines for use of non-governmental organizations, 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."

Key Provisions and Revolutionary Changes

Mandatory Appointment Framework

The appointment of Support Persons is now mandatory in all POCSO cases in Maharashtra, representing a paradigm shift from discretionary to guaranteed support. The only exception occurs when child victims or their legal guardians provide written statements with reasonable grounds for declining such services. Even in such cases, the Child Welfare Committee (CWC) must ensure mandatory counseling is provided before making this decision.

Comprehensive Qualification Standards

The guidelines establish rigorous qualification criteria for Support Persons:

Primary Qualifications:

·       Post-graduate degree in Social Work, Sociology, Psychology, or Child Development

·       Graduate degree with minimum three years of experience in child education, development, or protection issues

Alternative Eligible Entities:

·       Organizations actively engaged in child rights or child protection

·       Officials from children's homes or shelter homes responsible for child custody

·       Existing staff such as Anganwadi Workers/Supervisors and Child-line workers (subject to meeting criteria and interview selection)

Structured Selection and Empanelment Process

The guidelines establish a comprehensive selection mechanism ensuring quality and accountability:

Advertisement Phase: Public advertisements through official websites and leading newspapers for transparent recruitment.

Selection Committee Composition:

·       Special Judge (POCSO)

·       District Magistrate or representative (not below Additional District Magistrate rank)

·       Chairperson, Child Welfare Committee

·       Subject Expert (Head of Government District Mental Health Program/HOD of Government College Psychology/Sociology Department)

·       District Child Protection Officer (DCPO) as Convener

Mandatory Background Verification: Thorough police verification for criminal background checks before empanelment.

Remuneration and Professional Recognition

Financial Compensation Structure

Monthly Allowance: Support Persons receive pro-rata compensation based on actual working days or in-person visits to various locations including hospitals, CWC offices, police stations, courts, and victim families. The remuneration is calculated according to skilled worker rates under the Minimum Wages Act, 1948.

Travel Allowance: Complete reimbursement for actual travel expenses when accompanying child victims, subject to verification by the Child Welfare Committee.

Important Note: Support Persons without assigned cases or those not actively providing support are not entitled to remuneration.

Term of Engagement

Support Persons are engaged for three-year terms with annual reviews conducted by the DCPO. Contract extensions beyond three years require recommendations from DCPO reviews and approval from the District Magistrate.

Comprehensive Duties and Responsibilities

Educational Support and Continuity

Support Persons ensure educational continuity by:

·       Facilitating school changes when incidents occur at educational institutions

·       Obtaining victim's attendance records

·       Connecting children with vocational training when formal education isn't suitable

·       Educating families about free and compulsory education rights under the Right to Education Act, 2009

·       Assisting with government-run or private school admissions as needed

Protection and Safety Measures

Critical safety responsibilities include:

·       Assessing presence of threats, coercion, or pressure

·       Invoking victim/witness protection schemes when necessary

·       Ensuring child-friendly court procedures are followed

·       Facilitating victim relocation when required

·       Seeking immediate CWC or police assistance if children are under accused's influence

Medical and Psychological Support

Healthcare coordination involves:

·       Facilitating medical assistance and treatment from appointment day

·       Coordinating counseling to address trauma

·       Connecting pregnant victims with appropriate healthcare facilities

·       Linking victims with specialized services for sexually transmitted infections

·       Ensuring HIV-positive victims receive necessary expertise and care

Legal System Navigation

Support Persons provide crucial legal assistance by:

·       Informing victims about legal aid availability through District Legal Services Authority (DLSA)

·       Accompanying children during statement recording, medical examinations, and court proceedings

·       Facilitating applications for interim and final compensation

·       Collecting case-related documents including FIR copies, medical reports, and charge sheets

·       Ensuring Forms A and B of POCSO Rules 2020 are properly completed and submitted

Comprehensive Rehabilitation Support

Rehabilitation efforts encompass:

·       Conducting regular home visits to child survivors

·       Assisting with identity document procurement (Aadhar, PAN card, ration card, BPL card)

·       Opening bank accounts in coordination with CWC/DCPU/CCI

·       Connecting families with government schemes and philanthropic organizations

·       Ensuring access to public distribution systems

Revolutionary Technology Integration

NCPCR POCSO Tracking Portal

A groundbreaking feature of these guidelines is integration with the NCPCR POCSO Tracking Portal, enabling:

Five-Step Monitoring System:

1.       Detailed case information

2.       Social Investigation Report with support requirements

3.       Individual Care Plan development

4.      Rehabilitation plan with scheme linkages and compensation

5.       Application processing for CWC and DLSA for immediate special relief

Key Features:

·       Real-time tracking of victim rehabilitation

·       Secure access limited to authorized personnel only

·       Overall accountability of all stakeholders

·       Database protection ensuring no public domain access

Caseload Management and Gender Considerations

Optimal Caseload Distribution

The guidelines establish a 1:10 ratio for Support Person empanelment based on district case numbers:

·       Each Support Person handles maximum 10 cases simultaneously

·       Cases from same Police Station assigned to same Support Person when possible

·       Maximum limit of 20 cases per Support Person under exceptional circumstances with District Magistrate approval

Gender-Sensitive Assignment

Support Person assignment considers gender preferences when requested by victims or family members, ensuring culturally appropriate and comfortable support arrangements.

Quality Assurance Framework

Mandatory Training Requirements

Support Persons must undergo comprehensive induction training covering:

·       POCSO Act provisions and rules

·       Specific roles and responsibilities in POCSO cases

·       Psychological first aid and basic counseling with dos and don'ts

·       Rights and entitlements of victims and families

·       Media handling without revealing victim identity

·       Child pornography case management

·       Threat, coercion, and force situation handling

·       Protection and relocation facilitation

·       Monetary relief and compensation processes

Review and Monitoring Mechanism

Annual Performance Reviews: DCPO conducts yearly assessments covering case handling, management, and successful victim rehabilitation.

State-Level Oversight: State Commission for Protection of Child Rights (SCPCR) serves as the monitoring authority ensuring proper guideline execution.

National Supervision: NCPCR functions as the National Level Monitoring Authority for guideline implementation.

Accountability and Termination Framework

Support Persons may be terminated for:

·       Child's request

·       Breach of trust or unethical/immoral conduct

·       Unsatisfactory performance affecting role fulfillment

·       Actions detrimental to child or family welfare

·       Persistent non-compliance with duties or monthly reporting failures

Grievance Redressal System:

·       Primary Authority: District Magistrate resolves complaints within one month

·       Appeal Process: State Commission for Protection of Child Rights handles appeals against District Magistrate decisions

Implementation Structure and Impact

Administrative Framework

Nodal Authority: Commissioner, Women and Child Development Department, Pune, designated as the nodal officer for statewide implementation.

Database Management: DCPO responsible for enlisting and delisting Support Person details on NCPCR's portal, maintaining comprehensive records of assigned cases.

Expected Transformative Impact

These comprehensive guidelines are anticipated to:

·       Reduce secondary victimization of child survivors significantly

·       Improve conviction rates in POCSO cases through better victim support

·       Ensure systematic rehabilitation rather than ad-hoc assistance

·       Create standardized support systems across Maharashtra

·       Enhance inter-agency coordination among various stakeholders

·       Establish accountability mechanisms through technology integration

Conclusion

Maharashtra's Support Person Guidelines under the POCSO Act represent a transformative approach to child protection, establishing India's most comprehensive framework for supporting child victims of sexual abuse. By making Support Person appointment mandatory rather than optional, these guidelines ensure that every child victim receives professional assistance throughout their legal journey.

The integration of technology through the NCPCR POCSO Tracking Portal, comprehensive training requirements, gender-sensitive assignments, and robust accountability mechanisms create an unprecedented support system. The guidelines' emphasis on education continuity, healthcare coordination, legal assistance, and rehabilitation support addresses the holistic needs of child victims.

This Maharashtra initiative establishes a national benchmark for victim-centric justice, potentially influencing similar implementations across other states. The success of these guidelines will significantly contribute to creating a more child-friendly and effective criminal justice system in India, ensuring that the most vulnerable members of society receive the protection and support they deserve during their most challenging times.

The comprehensive nature of these guidelines, from qualification standards to technology integration, demonstrates Maharashtra's commitment to transforming child protection from a procedural requirement into a systematic, professional, and accountable support system that prioritizes the best interests of child victims above all else.

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