ORDER : In the course of the hearing of the above matter arising under the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act), a few disturbing facts concerning the implementation of the Said statute have come to the notice of this court. The POCSO Act is one that provides for protection of children from sexual assault, sexual harassment and child pornography by safeguarding their interests through a prompt and systematic multi-sectoral intervention involving the State Government, the Child Welfare Committee under the Juvenile Justice (Care and Protection of Children) Act, the Police, the Special Court, Non-Government Organizations and Professionals and Experts assisting the children. Unlike other penal statutes, the POCSO Act provides for the participation of the Child also in the proceedings before the Special Court to make the justice delivery effective and meaningful. Section 25(2) of the statute which mandates that copies of the documents specified in Section 207 of the Code of Criminal Procedure shall be given to the child or to his/her legal representative, upon the final report being filed in the case and Section 40 of the statute which provides that the child shall be entitled to assistance of a legal counsel of his/her choice and if he/she is unable to afford a legal counsel, the Legal Service Authority shall provide to him/her a legal counsel in the matter, demonstrate the aforesaid Statutory intendment. Section 33(8) of the Statute providing for compensation to the child also illustrates the aforesaid contemplation of the statute. At the same time, it is the scheme of the said statute that the children who have been sexually abused are not Subjected to secondary victimisation in the course of the justice delivery process. Similarly, unlike other penal statutes, Section 39 of the POCSO Act makes it obligatory for the State Government to prepare guidelines for the use of the stakeholders to be associated with pre-trial and trial stages to assist the child. In exercise of the power conferred under Section 39, the State Government has prepared elaborate guidelines prescribing the general principles to be followed by professionals and experts assisting the child at pre-trial and trial stages, guidelines for interviewing the child, guidelines for the medical and health professionals, guidelines for psychologists and mental health experts, guidelines for Social workers and Support persons, guidelines for child development experts etc. The guidelines also provide for rendering legal aid and other services to the victim. The guidelines prescribe in detail the roles to be played by the Special Public Prosecutor and the lawyer of the child in the matter of conducting the cases before the Special Court. Suffice it to say that the guidelines are exhaustive, and if the same are given effect to in its letter and spirit, the POCSO Act would certainly serve its purpose. 2. Although the guidelines have been formulated by the State Government as early as on 20.4.2015, the same were not made available to any of the stakeholders including the State Legal Services Authority which is to play a pivotal role in the implementation of the POCSO Act or to the public, until this court took notice of the said fact in this matter. Needless to say, the POCSO Act was being implemented in the State during the last almost five years without the stakeholders not being aware of the guidelines to be followed by them in the matter of implementing the provisions of the statute. It was noticed that on account of the same, the implementation of the statute was not in accordance with the statutory intendment and the children involved the cases were deprived of their valuable rights to avail legal aid and various other benefits. To quote one instance, even while the Government is spending crores for giving effect to the Statute, the hard reality is that the children involved in the cases are not even provided the diet money which they are entitled, when they come to give evidence in the matter. 3. Further, while dealing with the cases arising under the POCSO Act, it has also come to the notice of this court that the Cases are being investigated by police personnel who are not informed of the rights of the children or trained to deal with the children and members of their family in a child sensitive manner. Lack of professionalism is writ large in the investigations. Fundamental flaws such as, not collecting legal evidence to prove the age of the child for want of awareness as to the relevance of such evidence, have come to the notice of this court not in one, but in several cases. Lack of professionalism is writ large in the investigations. Fundamental flaws such as, not collecting legal evidence to prove the age of the child for want of awareness as to the relevance of such evidence, have come to the notice of this court not in one, but in several cases. It was observed that statements of the children are not recorded in terms of Sections 25 and 26 of the POCSO Act. Similarly, evidence are not collected to establish the Sexual abuse through behavioural indicators, or to explain the trauma induced "Counter-intuitive behaviour” of the victim, thereby making the child a witness without credibility. Though most of the cases are framed based on the sole evidence of the victim, it was found that no mechanism, whatsoever, is in place to ensure the correctness of the statements. It was shocking to observe that when further investigation was ordered by this court in some cases after the final report is filed against the accused, the investigating agencies have reported that the cases are false. Needless to say that the investigations in the cases are not conducted in a foolproof manner. 4. Coming to the trial, fundamental flaws like omission to mark vital documents/material objects, omission to prove vital documents formally by examining appropriate witnesses, omission to cause production of vital documents, omission to examine vital witnesses etc, were noticed in several cases, Needless to say, the quality of the prosecution of the cases arises under the POCSO Act needs to be improved. Further, the scheme of the statute is that even while the Special Public Prosecutor is responsible for the trial, it is the responsibility of the lawyer of the child to ensure that all concerns of the child are raised in the proceedings, by building up a good rapport with the Special Public Prosecutor. It is also the scheme of the statute that it is for the lawyer of the child to identify the issues which need to be determined by the Special Court in regard to the welfare and best interests of the child. Unfortunately, a lawyer is not seen engaged for any child in any proceedings under the POCSO Act or the service of a lawyer is seen provided to the child by the Legal Services Authority in any case. Unfortunately, a lawyer is not seen engaged for any child in any proceedings under the POCSO Act or the service of a lawyer is seen provided to the child by the Legal Services Authority in any case. That apart, it has come to the notice of this Court that on account of the inaction on the part of the State Government in providing funds for disbursal under the Victim Compensation Scheme in force, even the compensation ordered by the Special Court and the compensation determined by the District Legal Services Authorities concerned based on the recommendations made by the Special Court for the children involved in the cases arising under the statute have not been disbursed for the last few years. 5. In Nipun Saxena v. Union of India, (2019) 2 SCC 703 , having felt that a one-stop support centre for women and children as one conceived and established at Hyderabad in the name ''BHAROSA" would be ideal for implementing the provisions of the POCSO Act, especially to ensure that the children who have been Sexually abused are not subjected to Secondary victimisation in the course of the justice delivery process, the Apex Court issued directions to the State Governments to constitute at least one "one-stop centre" like the one established in Hyderabad in every district within a year. Paragraphs 47 to 49 of the judgement in Nipun Saxena which is worth referring to, read thus: "47. Any litigant who enters the court feels intimidated by the atmosphere of the court. Children and women, especially those who have been subjected to sexual assault are virtually overwhelmed by the atmosphere in the courts. They are scared. They are so nervous that they, sometimes, are not even able to describe the nature of the crime accurately. When they are cross-examined in a hostile and intimidatory manner then the nervousness increases and the truth does not come out. 48. It is, therefore, imperative that we should have courts which are child-friendly. Section 33(4) POCSO enjoins on the Special Court to ensure that there is child-friendly atmosphere in court. Section 36 lays down that the child should not see the accused at the time of testifying. This is to ensure that the child does not get scared on seeing the alleged perpetrator of the crime. As noted above, trials are to be conducted in camera. Section 36 lays down that the child should not see the accused at the time of testifying. This is to ensure that the child does not get scared on seeing the alleged perpetrator of the crime. As noted above, trials are to be conducted in camera. Therefore, there is a need to have courts which are specially designed to be child-friendly and meet the needs of child victims and the law. 49. These courts need not only be used for trying cases under POCSO but can also be used as trial courts for trying cases of rape against women. In fact, it would be in the interest of children and women, and in the interest of justice if One-Stop Centres are also set up in all the districts of the country as early as possible. These One-Stop Centres can be used as a central police station where all crimes against women and children in the town/city are registered. They should have well-trained staff who are sensitive to the needs of children and women who have undergone sexual abuse. This Staff should be given adequate training to ensure that they talk to the victims in a compassionate and sensitive manner. Counsellors and psychiatrists should also be available on call at these Centres so that if necessary the victims are counselled and in some cases it would be appropriate if the counsellors question the victims in a manner in which they have been trained to handle the victims of such offences. These One-Stop Centres should also have adequate medical facilities to provide immediate medical aid to the victims and the medical examination of the victims can be conducted at the Centre itself, These One-Stop Centres should also have video conferencing facility available where the statement of the victims to be mandatorily recorded under Section 164 CrPC can be recorded using video conferencing facilities and the victims need not be produced in the Court of the Magistrate. There should be courtroom(s) in these One-Stop centres which can be used for trial of such cases. As far as possible these Centres should not be situated within the court complex but should be situated near the court complex so that the lawyers are also not inconvenienced. Resultantly, the victims of such offences will never have to go to a Court complex which would result in a victim-friendly trial. As far as possible these Centres should not be situated within the court complex but should be situated near the court complex so that the lawyers are also not inconvenienced. Resultantly, the victims of such offences will never have to go to a Court complex which would result in a victim-friendly trial. One such Centre which has already been set up is "BHAROSA" in Hyderabad. This can be used as a model for other One-Stop Centres in the country." It is noticed that though the above judgement was rendered on 11.12.2018, One-Stop Centres have so far not become fully operational in the State in as much as the Special Courts are not functioning in the premises of the On-Stop Support Centres. 6. As it was found that general directions are to be issued by this Court to plug the gaps in the implementation of the provisions of the POCSO Act in order to make the justice delivery provided for under the statute effective and meaningful, this Court issued notice to the State Public Prosecutor as also the Kerala State Legal Services Authority, in terms of the interim order passed in this matter on 19.8.2020. 7. In response to the said order, two statements have been filed on behalf of the State, one by the Inspector General of Police, Crime Branch of the State Government and the other by the Director, Women and Child Development Department of the State Government. In the statement filed by the Inspector General of Police, it is mentioned, among others, that Special Juvenile Police Units consisting of personnel who are trained by the UNICEF in juvenile justice principles, under the leadership of a Deputy Superintendent of Police, have been established in every District for implementing the POCSO Act. It is also mentioned in the statement that in addition, Child Welfare Officers and Child Protection Officers are posted in every police station. It is, however, conceded in the said statement that when trained officers are transferred from respective stations, their services will not be available. Similarly, it was also mentioned in the said statement that substantial number of posts sanctioned in the Forensic Science Laboratories are lying vacant and the shortage of man power in the Forensic Science Laboratories is also hampering the investigation and trials. Similarly, it was also mentioned in the said statement that substantial number of posts sanctioned in the Forensic Science Laboratories are lying vacant and the shortage of man power in the Forensic Science Laboratories is also hampering the investigation and trials. In the statement filed by the Director of the Women and Child Development Department, it is mentioned, among others, that steps are being taken to implement the provisions of the statute and the Suggestions made by the Directorate of Women and Child Development are pending consideration before the Government. It is also mentioned in the said statement that trainings are being arranged for the stakeholders; that it has been decided to provide to advance amount to the Child Protection Officers to meet the expenses for availing the services of Psychologists, translators, special educators and other experts for assistance to the children during the investigation and trial of the cases and that amounts have been sanctioned for establishing a child-friendly Court in Ernakulam. 8. Heard Adv. Suman Chakravarthy, the Senior Public Prosecutor, Adv.Manu.S, the counsel for the Kerala State Legal Services Authority, Adv. C.P. Udayabhanu, the counsel for the appellant in the case and Advocates Sandhya Raju and Ranjith Marar, who preferred applications for impleading in the matter in the light of the interim order passed on 19.8.2020. This Court also interacted with Sri. Srijith IPS, the Inspector General of Police, Crime Branch, who was present in Court at the time of hearing. 9. Adv. Suman Chakravarthy, the Senior Public Prosecutor, placing reliance on the statements filed on behalf of the State, submitted that earnest and sincere efforts are being taken for implementing the provisions of the Statute in the State. It was pointed out by the Senior Public Prosecutor in the course of his arguments that the One - Stop Centres directed to be established by the Apex Court would be fully operational soon. 10. The learned counsel for the Kerala State Legal Services Authority submitted that compensation in terms of the provisions of the statute is to be paid in accordance with the Kerala Victim Compensation Scheme 2017 and that the Member Secretary of the State Legal Services Authority who is to disburse the compensation under the Scheme is unable to do so since funds are not made available by the Government for disbursement under the Scheme. It was also pointed out by the learned counsel that of late, though funds provided by the Central Government amounting to Rs.7.6 Crores for payment of compensation to the victims in cases of this nature have been made available to the State Legal Services Authority, the same was in a different head of account, of which the Member Secretary of the Kerala State Legal Services Authority is not authorised to make withdrawals. It was also pointed out by the learned counsel that though several letters have been addressed by the State Legal Services Authority to the State Government, the issue is yet to be resolved. 11. Adv. C.P. Udayabhanu, the learned counsel for the appellant, has brought to the notice of the court the decisions of this court in Jaseer Aboobacker v. State of Kerala, 2018 (3) KLT 945 and Ramlal N.R. v. State of Kerala and another, 2020 (1) KHC 249 and several other cases of similar nature, to bring home the point that the investigation in the cases arising under the statute is conducted in the State in a very casual manner, as a result of which, the fundamental rights guaranteed to several innocent persons under Article 21 of the Constitution are impaired on account of the unnecessary incarceration and other miseries to which they are subjected to, let alone the loss of reputation caused to them and to the members of their families. The learned counsel has also highlighted the trauma to which the children who are forced to make false statements against their own kith and kin on account of the compulsion of others, and its consequences in their life. The upshot of the arguments of the learned counsel is that there has to be some mechanism to ensure that the statements of the children involved in such cases are made voluntarily. 12. Adv. Sandhya Raju, having regard to the consequences of child sexual abuse, emphasised the need to resolve the issues affecting the welfare of sexual assault survivors on an emergent basis. It was also pointed out by the learned counsel based on the materials produced by her that despite the enactment, there is a spike in the number of cases reported and conviction rates are significantly low due to flaws in the investigation of the cases. 13. It was also pointed out by the learned counsel based on the materials produced by her that despite the enactment, there is a spike in the number of cases reported and conviction rates are significantly low due to flaws in the investigation of the cases. 13. The steps stated to have been taken by the State Government for implementing the provisions of the statute as disclosed in the statement filed by the Inspector General of Police, Crime Branch are hardly sufficient to give effect to the provisions of the statute, for it is by now established that the same did not bring about any significant change in the system in place. As noted, the steps taken by the State Government in the Women and Child Development Department as disclosed in the statement filed by the Director of the Department are merely steps towards imparting training for the stakeholders, sanctioning of amounts to the Child Protection Officers to meet their expenses and for establishing a child friendly Court in Ernakulam. The aforesaid, according to me, are only a very few among the various issues to be tackled in order to achieve the object and purpose of the statute. 14. On a careful appraisal of the situations prevailing in the State as regards implementation of the provisions of the POCSO Act revealed from the large number of cases arising under the statute. I am of the view that the system in place needs to be improved radically, and the same would not be possible without the interference of this court. In the aforesaid circumstances, the following general directions are issued, in exercise of the power of this court under Articles 226 and 227 of the Constitution of India, with a view to protect the children involved in the cases from the risk of secondary victimisation and to make the justice delivery under the statute effective and meaningful : 1. The State Government shall take immediate steps to make the One-Stop Support Centres directed to be established by the Apex Court in Nipun Saxena, operational. The State Government shall thereafter establish in a time bound manner as many One-Stop Support Centres needed in the State, so that victims of cases arising under the POCSO Act need not go anywhere else for the purposes of the POCSO Act. 2. The State Government shall thereafter establish in a time bound manner as many One-Stop Support Centres needed in the State, so that victims of cases arising under the POCSO Act need not go anywhere else for the purposes of the POCSO Act. 2. The State Government shall appoint a Nodal Officer at the appropriate level, within two months from the date of receipt of a copy of the judgment, to coordinate the activities of the various Government Departments towards implementation of the provisions of the POCSO Act, and that officer shall identify and resolve the issues that impede the proper implementation of the POCSO Act in the State in the manner in which it is conceived. That officer shall also be the one point contact for all stakeholders to place before the Government the various issues that impede the implementation of the statute to be tackled by the Government. 3. The Nodal Officer so appointed shall be responsible for coordinating the training of the various stakeholders including the Police personnel in juvenile justice principles, to ensure consistency in their approach. 4. The Registrar (Subordinate Judiciary) of this Court shall, in coordination with the Nodal Officer of the State Government and the Kerala Judicial Academy, impart to the Presiding Officers of the Special Courts training in juvenile justice principles from the best available resources, including the training of UNICEF. 5. The State Government shall consider whether the Child Protection Officers and Child Welfare Officers in the Police force could be formed into a separate cadre, so that they would function as Child Protection Officers and Child Welfare Officers wherever they are transferred and if it is not possible, ensure that Child Protection Officers and Child Welfare Officers are posted in every police station after appropriate training. 6. The State Government shall take immediate steps to fill up the vacancies in the Forensic Science Laboratories in the State to ensure that shortage of man power in the Laboratories is not hampering investigations and trials of the cases arising under the POCSO Act. 7. The State Government shall take appropriate steps forthwith to ensure that competent among the eligible aspirants for appointment as Special Public Prosecutor are appointed to that post. 8. 7. The State Government shall take appropriate steps forthwith to ensure that competent among the eligible aspirants for appointment as Special Public Prosecutor are appointed to that post. 8. The Director General of Prosecution and the State Public Prosecutor shall ensure that the Special Public Prosecutors conducting prosecution in cases arising under the POCSO Act are imparted proper training either directly or in co-operation with the Kerala Judicial Academy. 9. The State Police Chief shall designate a woman IPS officer in every district, to oversee and ensure that the investigations of cases arising under the POCSO Act are conducted strictly adhering to the provisions contained in the POCSO Act and the Rules made thereunder and having due regard to the guidelines formulated under Section 39 of the POCSO Act. If a woman IPS Officer is not available in a district, the State Police Chief would be free to designate one of the available IPS officers for the said purpose. 10. The IPS officer so designated shall ensure that investigation of the cases arising under the POCSO Act are conducted only by the officers who are trained in Juvenile Justice Principles. 11. The IPS officer so designated shall ensure that statements of the Children involved in the cases are taken only by trained officers, adhering to the guidelines prepared by the State Government in this regard. 12. The IPS Officer so designated shall ensure that statements of the children involved in the cases are taken only when they are physically and psychologically fit to give statements. 13. The Magistrate or Police officer recording the statements of the children involved in the cases shall, wherever possible, ensure that the audio and video of the same are recorded, as provided for under Section 26(4) of the POCSO Act. 14. The IPS officer so designated shall ensure that evidence to prove the sexual abuse through physical as well as behavioural indicators are also collected in every case, having due regard to the guidelines formulated by the State Government in this regard. 15. The IPS officer so designated shall ensure that the experts in the field of Psychology and Psychiatry are cited as witnesses in cases where the behavioural indicators of the child need to be explained. 16. The IPS officer so designated shall ensure that the investigating officers are not swayed by any sort of pressures from any corner, whatsoever, including media. 17. 16. The IPS officer so designated shall ensure that the investigating officers are not swayed by any sort of pressures from any corner, whatsoever, including media. 17. The IPS officer so designated shall ensure that the medical evidence collected by the investigating officers in the cases are consistent with the statements of the children and if not, take necessary steps to conduct further probe as to the inconsistency. 18. The IPS officer so designated shall ensure, before filing the final report in every case, that satisfactory evidence is collected to arrive at the conclusion as to the guilt or innocence of the accused, and if the case is built solely on the statement of the child, ensure also that the statement of the child is one voluntarily given, if necessary, by examining the audio/video recording of the statement and shall, if necessary, obtain the opinions of Psychologists, Psychiatrists and other experts in the field to ensure the correctness of the statements. 19. The Kerala State Legal Services Authority shall prepare a separate panel of experienced advocates having sufficient standing to represent child victims of sexual abuse cases to advise their family/guardians as to their rights and for rendering necessary legal aid to them in the various proceedings in respect of the child. 20. As and when the first information report concerning an offence under the POCSO Act is furnished to the Special Court, the Special Court shall give a communication to the District Legal Services Authority concerned and the District Legal Services Authority shall provide a lawyer to the family or the guardian of the child forthwith, if the family or the guardian of the child are unable to afford a lawyer. 21. The lawyer engaged by the family or the guardian of the child, or the lawyer provided by the Legal Services Authority to the family or guardian of the child, as the case may be, shall be at liberty to move the Legal Services Authority for the various benefits to which the child is entitled to, including the benefits in terms of the guidelines issued by the Government under Section 39 of the POCSO Act. 22. 22. The lawyer engaged by the family or the guardian of the child, or the lawyer provided by the Legal Services Authority to the family or guardian of the child, as the case may be, shall be at liberty to move the Special Court for appropriate directions for interim compensation, after the registration of the first information report, as provided for under Rule 9 of the Protection of Children from Sexual Offences Rules, 2020, and if interim compensation is ordered by the Special Court, the same shall be forthwith paid to child by the Legal Services Authority. 23. The lawyer engaged by the family or the guardian of the child, or the lawyer provided by the Legal Services Authority to the family or guardian of the child, as the case may be, shall be at liberty to move the Special Court for appropriate directions regarding the investigation of the case in accordance with the decisions of the Apex Court in Sakiri Vasu v. State of U.P., (2008) 2 SCC 409 ) and Vinubhai Haribhai Malaviya and Others v. State of Gujarat and Another, 2019 SCC Online SC 1346. 24. The State Government shall take necessary steps forthwith to enable the Kerala State Legal Services Authority to draw and disburse the compensation payable to the victims in cases arising under the POCSO Act, in terms of the provisions of the Kerala Victim Compensation Scheme 2017 by considering the requests made by the Legal Services Authority in this regard, or by providing advance amount to them, and shall ensure that no victim is made to wait for the compensation ordered to be paid by the Special Court, especially for meeting an urgent need. 25. The special Courts shall ensure that the trial in the cases arising under the POCSO Act is conducted having due regard to the guidelines prescribed by the State Government under Section 39 of the POCSO Act. 26. The Nodal Officer directed to be appointed by the Government in terms of this order shall file a report in this matter once in three months, until relieved from that obligation, indicating the various steps taken in compliance with the directions in this order, notwithstanding the disposal of the criminal appeal, and the criminal appeal would be deemed to be pending for the said limited purpose. The Nodal officer would also be free to seek appropriate modification of this order, if situations warrant. 27. The registry shall communicate this order to the special courts in the State, the Judicial Magistrates in the state empowered to record the statements of the witnesses, the Director General of Prosecution and the State Public Prosecutor, the Kerala State Legal services Authority and to the Kerala Judicial Academy.