Pregnant minor’s presence in court draws flak

Taking note of the gravity of the situation, the entire case of the minor, who was rescued by CB-CID was transferred to the agency’s Anti-Trafficking Cell, directed the division bench comprising Justice R Sudhakar and Justice P N Prakash. It was also noted that the pregnancy will be terminated,  as per the norms prescribed in Juvenile Justice and Prevention of Children from Sexual Offences Act. 

The minor, who was rescued by the Anti Trafficking Cell in 2014, was then placed in Kelly’s Government Home for Girls. On the basis of the probation officer’s report, the Child Welfare Committee transferred the minor to MCCSS, an NGO in Jawahar Nagar, which is government certified. In 2015,  a Habeas Corpus Petition was filed to produce the minor, who was in illegal custody of a commercial sex worker in North Chennai. 

On investigation of a complaint lodged in July 22, 2015, the medical examination confirmed that the minor was sexually abused and raped at the instigation of the sex worker. 

Child rights activist A Narayanan pointed out that the minor’s presence in court left her vulnerable to identification, giving room for more trauma. 

“The POCSO Act and Tamil Nadu Juvenile Justice Rules have elaborate procedures in handling child victims of sexual abuse, and forbids taking them to courts. But, on January 5, I was shocked to see the child victim of sexual assault brought to the court, wearing the uniform of Kelly’s Government Home for Girls. She was seen by everyone. The police had unnecessarily brought the already traumatised victim, who was witnessing the proceedings in the pre-lunch session. 

Though she was not questioned in the court, this is equivalent to further victimisation of the girl. This incident highlights the serious shortcomings in training, orientation and sensitisation of those entrusted with the duty of protecting children, especially those who are victims of sexual abuse,” he said. 

“If the child was waiting in the corridor, before being called in for an ‘in-camera’ hearing, it is not against the law. But she is exposed to everyone around her, which really defeats the purpose,” said another activist who didn’t wish to be named. 

Sumathi Kasturi, a criminal lawyer, said that there was a need to ensure child victims were treated with appropriate care.  “The victimisation starts when the child is accompanied by the woman police to the court, where she is subjected to looks and glances by people in the vicinity. I think cases where minor victims are involved should be held on days like Saturday, when the public attendance is low. Sensitisation has to happen internally – no class can teach that,” she concluded.