The Karnataka High Court has directed he State to formulate a Standard Operating Procedure for the Protection and Rehabilitation of Minor Victims of Sexual Offences— which will have a binding effect on all agencies and authorities specified herein.
Justice Suraj Govindaraj said, “Directions having been issued on several occasions, they continue to be ignored, and there is no compliance. I am of the opinion that all these could be resolved if a proper SOP is formulated by the Principal Secretary, Women and Child Welfare and the Director General of Police for all stakeholders to comply with. Until then, I propose to formulate the following indicative SOP, which would be in force until such a SOP is formulated.”
The SOP issued by the court says that in any instance of conflict with existing rules or schemes, the interpretation that affords the greatest protection and benefit to the child shall prevail, in accordance with the mandate of Section 42A of the Protection of Children from Sexual Offences (POCSO) Act, 2012.
The objective of the SOP is to establish a single, unified, time-bound, and technology-driven workflow that governs the response to sexual offences against minors. It aims to provide a clear and predictable pathway—from the moment an offence is first reported to the complete and successful rehabilitation of the survivor—thereby eliminating procedural ambiguity, reducing delays, and preventing inter agency friction.
The Key directions issued by the court include:
- Every minor victim of a sexual offence shall be deemed a CNCP (child in need of care and protection) under Section 2(14) of the Juvenile Justice Act, 2015, automatically invoking the jurisdiction and protection of the Child Welfare Committee (CWC) from the moment the offence is reported
- Digital POCSO Portal (DPP): The secure, integrated, cloud-based software platform mandated by this SOP for end to-end case management, inter-agency communication, data sharing, and compliance monitoring.
- Pseudonym Identifier (PID): A unique, system-generated alphanumeric code assigned to each victim on the DPP. This PID shall be used in place of the victim's real name in all case records, communications, orders, and judgments to ensure anonymity.
- An individual appointed by the CWC in accordance with Rule 4(7) of the POCSO Rules, 2020, to render informational, emotional, and practical assistance to the child throughout the investigation and trial process.
- A dedicated, 24/7 unit established in designated government and private hospitals, staffed by trained female medical officers, nurses, and counsellors, to provide immediate and comprehensive medico-legal psychological care to victims.
- Within seven days of the offence being reported, the psychologist or clinical psychiatric social worker assigned by the District Child Protection Unit shall comprehensive conduct a trauma assessment. Based on this assessment, a Psychological formal Support Plan (PSP) must be prepared. This plan is not a generic document; it must be tailored to the child's age, developmental stage, and specific psychological needs. It will detail the therapeutic proposed modality (e.g., Cognitive Behavioural Therapy, play therapy, art therapy), the frequency of sessions (mandatorily weekly for the first three months, then fortnightly or as needed), and measurable therapeutic goals.
- The PSP will be appended to the child's Individual Care Plan (ICP) on the DPP for monitoring by the CWC. Therapy shall continue for a minimum of two years post incident or until the treating psychologist certifies that the child has achieved psychological stability and whichever is recovery, later.
- All communications and records from therapy sessions are strictly confidential and are inadmissible as evidence in Court, protecting therapeutic space.
- The District Child Protection Officer (DCPO) shall ensure the child and their family are immediately enrolled in relevant government schemes for nutritional support, such as the Integrated Child Development Services (ICDS). Critically, the child must not be withdrawn from school unless medically unavoidable.
- If the assault has occurred within the school environment, necessitating a change of school for the child's safety and well being, the transfer must be facilitated discreetly and without publicly disclosing the reasons, to protect the child from stigma.
- The CWC shall continue to monitor the child's progress through bi-monthly reports uploaded by the DCPO on the DPP until the child turns 18.
- The rehabilitation file on the DPP can be formally closed only after two conditions are met: first, the child has attained the age of majority, and second, the CWC, based on a final, comprehensive assessment report from the treating psychologist and the case social worker, formally certifies that the goals of the ICP have been substantially met and the child has been successfully and safely reintegrated into society.
- If the child victim chooses to continue with the pregnancy, the CWC shall formulate and approve an Integrated Mother-and-Child Care Plan (IMCCP) on the DPP.
- Post-Partum Care, Adoption, and Alternative Care: The IMCCP extends for a minimum period of two years post-birth, covering the health, nutrition, and developmental needs of both the young mother and her infant.
- Formation of DPP dashboards and Performance Indicators (KPIs) Key to measure effectiveness of this SOP will be measured through a data-driven approach. The DPP dashboard will display real-time analytics.
Appearance: Advocate K S Ponnappa for Petitioner.
AGA Saritha Kulkarni for R1, R2 & R4 TO R6.
Advocate B.V Vidhulatha for R3.
Citation No: 2025 LiveLaw (Kar) 374
Case Title: X AND State of Karnataka & Others