Supreme Court Mandates Effective Implementation of Para Legal Volunteers and Support Person Schemes

States and UTs Directed to Enhance Support Mechanisms for Child Victims Under POCSO Act

In a significant ruling, the Supreme Court of India has emphasized the urgent need for the effective implementation of the Para Legal Volunteers (PLVs) Scheme and the appointment of support persons under Section 39 of the Protection of Children from Sexual Offences (POCSO) Act. The judgment comes in response to a writ petition filed by Bachpan Bachao Andolan against the Union of India, highlighting the critical role of support structures in aiding child victims throughout the legal process and ensuring their rehabilitation.

The bench, consisting of Justices B.V. Nagarathna and K.V. Viswanathan, noted the inadequate deployment of PLVs across various states and union territories (UTs), with Andhra Pradesh, Bihar, Manipur, and Jammu and Kashmir identified as regions where the PLVs Scheme remains unimplemented at police stations. The court observed that in many states, the scheme has either not been notified or lacks effective execution due to insufficient funds.

The court has directed the Chief Secretaries of the respective states and UTs to ensure the notification and implementation of the PLVs Scheme, with a stern warning that non-compliance would require their presence in court. Emphasizing the necessity of support persons for child victims under the POCSO Act, the judgment also orders states and UTs to reassess the number of pending POCSO cases and appoint adequate support persons to assist victims throughout the trial and in their rehabilitation.

The National Legal Services Authority (NALSA) has been instructed to communicate the court's directives to all State Legal Services Authorities, ensuring the schemes' implementation at the district level in collaboration with Special Courts and Departments of Women and Child.

The Supreme Court's decision underscores the importance of strengthening legal support systems for children, aiming to provide a safer and more supportive environment for victims of sexual offences. The case is scheduled for further hearing on February 10, 2026, where compliance reports are expected from the states and UTs.

Statutory provision(s): Protection of Children from Sexual Offences (POCSO) Act, 2012 Section 39, Legal Services Authorities Act, 1987

Bachpan Bachao Andolan v. Union of India, (SC) : Law Finder Doc Id # 2820328