High Court insists on ‘enclosure’ in courts for child sexual abuse victims

Justice S Nagamuthu, while dismissing an appeal filed by a minor rapist, regretted that such an infrastructure was yet to be created in trial courts, despite the Supreme Court (SC) and the Protection of Children from Sexual Offences Act (POCSO), 2012, insisting on protecting children from intimidation. 

He said the SC in a decision rendered in 2004 had ordered that “a screen or such arrangement may be made where the victim or witnessess (who may be equally vulunerable like the victim) do not see the body or the face of the accused.” That decision also stated that questions posed to the victim during cross-examination, on behalf of the accused, should be given in writing to the presiding officer of the court so that the judge could pose them to the child victim or witnesses in a language which was clear and not embarrassing. 

Further, it was clarified that the child victim must be given sufficient breaks while testifying in the court. “However I found that the trial court which had tried the case against the present petitioner had not followed most of the guidelines set by the SC,” the Judge said. “I am hopeful that the State government will pay adequate attention to the above issues and create sufficient infrastructure for the subordinate courts so that they could follow the directions of the SC and the provision of the POCSO Act meticulously,” he said. The Judge said in the present case, he did not find any need to interfere with the conviction and seven years of Rigorous Imprisonment imposed by the Tirunelveli Mahila Court on the petitioner, for abducting a 11-yearold schoolgirl and raping her repeatedly for 50 days in the year 2005.