non-compliance with Junaid Case guidelines

Allahabad HC yet again expresses concern over non-compliance with Junaid Case guidelines

In the case of R Vs. State of Uttar Pradesh, the Allahabad High Court on 21.01.2022 expressed its concern over the lack of implementation of the Junaid case guidelines in addition to the POCSO Act of 2012 and the POCSO Rules, 2020.

This case was being heard by Justice Ajay Bhanot who had earlier observed on 04.01.2022 that the State authorities had failed to comply with the guidelines pertaining to bail in POCSO cases laid down by the Court in the case of Junaid Vs. State of Uttar Pradesh (2021). He lamented that this failure leads to delay in the hearing of bail applications and denies the victims the support and justice which they deserve. In the wake of these observations, he directed the Principal Secretary, Department of Women & Child Development, Government of Uttar Pradesh and the Director General of Police, Government of Uttar Pradesh, Lucknow to file affidavits laying down the details of compliance and the reasons for non-compliance of the Junaid guidelines in all bail applications. However, only the Director General filed the affidavit and the Court remarked that non-compliance by the other authorities is affecting its day-to-day functioning.

J. Ajay Bhanot stated that non-compliance with Junaid Case guidelines reflected on the failure on part of the higher authorities and remarked-

The State Government needs to ensure that the officers of proven administrative ability, possessing deep empathy for child victims and having unimpeachable commitment to the rule of law are appointed at such high and sensitive positions.”

The Court directed the erring authorities to respond to the above observations in their personal affidavit and directed this matter to be put up for further hearing on 10.02.2022.

– Vaishali Jain, Advocate & Associate – POSH at Work & Rhea Bazaz, Final Year Student, Symbiosis Law School, Pune

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