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The top court, which on July 12 had on its own taken note of the “alarming rise” in the number of rape incidents against children, directed the Centre on Thursday to set up a centrally-funded exclusive court in all districts where 100 or more cases have been registered under the Protection of Children from Sexual Offences (POCSO) Act.
Senior advocate V Giri, who is assisting the court as an amicus curiae, gave a slew of suggestions to effectively deal with child rape cases in the country to a bench headed by Chief Justice Ranjan Gogo.
The bench accepted many of these including the need to show video clips in cinema halls to make people aware of plight of kids and legal and other remedies.
A short clip to spread an awareness should necessarily be screened in every movie hall and a child helpline number should also be displayed not only in such clip but also at various other prominent places, in schools and other public places, Giri suggested.
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“Collection of samples and preservation of the same are also of utmost importance. Forensic samples would become crucial in cases where the identity of the accused is seriously challenged. In many cases, the FSL Report takes between six to nine months from the time of registration of the crime,” he said.
Giri suggested establishment of special juvenile police unit under section 19 of the POCSO Act.
“It does not seem as if such units have been established so far…The investigating agency, preferably the Special Juvenile Police Unit, must necessarily be sensitised to the different skills that are required for a proper and effective investigation of the crimes under the POCSO Act.
“In this regard, the states should be called upon to ensure that there is a Special Juvenile Police Unit, at least one in every taluk in the district. Of course, the concerned Superintendent of Police of the district or the Commissioner, as the case may be in metropolitan areas, could be made the head of every such Special Juvenile Police Unit coming under his/her division,” he said.
Giri further said the contents of the FIR/complaint must be explained to the child in the language that he or she understands and this should be done at the earliest point of time.
“It would be appropriate that a support person, preferably the one attached to the school where the child is studying, should be made aware of the process right from the beginning,” he said.
Giri said that a vulnerable witness courtroom must necessarily be made part of the designated Special Court for trial of such cases and the presiding officer should be in a position to convey the statements made by the child through the support person during her examination, both chief and cross examination.
Giri further said since realistically the examination of the child may not be over on any one given day, the child and his/her parents or relatives must be in a position to access the court premises independently.
He said that there were very few dedicated POCSO courts exclusively for the trial of such offences and it may ensured that there was a dedicated special court, at least one in every district in the country, which should not be burdened with any other matter.
The amicus curiae said it must be ensured that sex education was included in the school’s curriculum along with information about offences under the POCSO Act.
Giri said the cases should be registered immediately whenever an incident was reported and irrespective of further steps being taken during the investigation, immediate medical care must be given to the child.
“In fact, the priority must be for affording the child physical and mental care. Information and data collected at the earliest point of time would be of vital importance,” he said.
“The child victim and his/her family should be made familiar with the surroundings of the special court, if necessary, more than once, before the trial commences…,” he suggested.
“The mental healthcare of the child is of utmost importance. The services of professionals who are definitely available in this regard should be called upon…,” he said.