New Delhi: The Supreme Court on Friday issued notice to the Centre on a PIL raising an important question of law as to whether the Protection of Children from Sexual Offences (POCSO) Act, 2012 will apply where the mental age of the victim makes her a child, due to her disability.
A Bench of Justices Dipak Misra and Shiva Kirti Singh issued notice on the PIL filed by the mother of a rape victim suffering from cerebral palsy since birth on account of which her mental age is six years although her biological age is 38 years.
The Bench after hearing counsel Ishwarya Bhati stayed criminal proceedings pending in a trial court and posted the matter for further hearing on May 3. It was alleged that the proceedings were not being conducted in accordance with law.
The POCSO Act is a special Act to protect children from offences of sexual assault and provide for establishment of Special Courts for trial of such offences, in accordance with UN Convention on Rights of the Child 1992, with the main objective to secure best interest and well being of the child as paramount.
