NEW DELHI: Expressing grave concern over the increasing number of cases of child sexual abuses throughout the country, a Parliament panel has made several far reaching recommendations to address the prevailing grim situation.
The report of the 10 member Standing Committee on Petitions of the Rajya Sabha, headed by Prasanna Acharya on the petition praying for ‘Strengthening & Effective Implementation of the POCSO Act, 2012’, was presented to the Upper House on Thursday.
It contains 11 recommendations to address the issue of increasing number of cases under the POCSO Act, 2012. The panel went in great detail into the roots and corrective course of action of the problem after examining all the issues in two meetings held in the month of September and December this year.
The panel discussed the matter with senior officials of the Union Ministries of Women & Child Development, Home Affairs and Law & Justice. The Committee, during its deliberations, has worriedly noted that the data of National Crime Records Bureau (NCRB) have not been updated and published since 2016. So, essentially no actual data regarding the cases registered, charge-sheets filed, trials completed, etc. in cases of sexual offences against children since 2016 to till date are available in the public domain.
The Committee felt that Ministry of Home Affairs (MHA) should make every possible effort to publish the updated data on crimes by NCRB at the earliest.
The Committee failed to understand the reasons for the reported rising trend in the incidences of child sex abuse in the country despite the stringent provisions available in the POCSO Act and therefore felt that Government should take necessary measures for inculcating sense of ‘dignity of women’ among the masses and to create fear in the minds of the people with grave consequences if they commit such offence, so as to prevent the occurrence of such offences.
The Committee felt that the court proceedings involving POCSO cases should be more child-friendly. There may be provision for a support person or organization that can play a pivotal role in helping the child cope while going through the rigorous court proceedings, the Committee however felt that a Victim Protection Programme may well be initiated and implemented enabling the victim to deal with the pressure to turn hostile.
The Committee was apprised that ‘Police’ and ‘Public Order’ are State subjects and responsibility to maintain law and order, protection of life and property of the citizen rests with respective State Government.
The reasons for low conviction might include witness turning hostile, lengthy legal processes, delay in reporting resulting in loss of forensic evidence, etc.
The Committee has however noted that a total 1023 Fast Track Special Courts (FTSCs) are being established to facilitate faster trials and speedy justice. Out of these, 389 courts will be dealing POCSO cases exclusively.
Such dedicated courts will be established in districts where, more than 100 cases have been reported.
The Committee observed that the establishment of such courts should be expedited. Every State/UT should appoint a special prosecutor to conduct the trial on behalf of the prosecuting agency. Free and fair trials should be done in a speedy and time bound manner and justice should be served.
Although the POCSO Act was enacted in the year 2012, the Committee while deliberating over the Petition noted that some important rules are yet to be formulated and the Act in itself is not being properly implemented. Actual action on the ground is lacking.
The Committee strongly recommended that necessary steps might be taken expeditiously to formulate all necessary rules including rules for tackling the menace of child pornography to ensure proper, speedy and effective implementation of the Act on ground in a right perspective.
The Committee took note of several awareness programmes initiated by the Ministry including Child Protection Services (CPS) at 24-hour toll free number 1098, awareness programmes over social media, “Jagruk Raho, Chuppi Todo’ campaign, POCSO E-Box, etc. However, the Committee felt that awareness about the POCSO Act, especially in rural areas continues to be lacking.
In lot of cases even FIRs are not filed and the affected families are too afraid to approach the police.
The Committee felt that programme on Government’s policies on the various provisions of the Act should be publicized at a regular interval to create more awareness among the masses and recommended that special focus should be given on spreading awareness in the rural areas of the Country, so that awareness about different provisions including latest amendments incorporated to the Act and safeguards as well as punishments prescribed within it, reaches every nook and corner of the country.
An effective and continuous awareness programme against child abuse will lead to transformation of societal attitudes and help in building a protective environment for every child in this country. The Panel, during its deliberations, observed that in many cases, especially in rural areas, police doesn’t file FIR in the first instance, cases are often ignored.
Even if FIR is lodged, police drag their feet in taking prompt actions and victims are also pressurized to withdraw the FIR. Police are not familiar with the provisions and are not applying the special procedures under the POCSO Act.
There are reports of absence of women police officers and that cases are not being booked under appropriate provisions of the law and lapses in investigation. The Committee felt that FIR or child’s statement should be recorded in the language of the child and there is an urgent need to sensitize the police for effective policing and train the medical, teachers, advocates, judicial and law enforcing agencies.
The Panel recommended that the MHA should strengthen their monitoring system and ensure better coordination with the States/UTs, so that people are not afraid of approaching the police, that there is no delay on part of the police in conducting investigation and providing justice to the victims.
The Panel was apprised that as per direction of the Supreme Court, a ‘Victims Compensation Fund’ has been created to compensate the victims of sexual assault and other heinous crimes. Every State is responsible to make separate provisions for this fund and the compensation is granted to the victims on the recommendation of the Magistrate or the Judge.
The Committee felt that Government should take necessary steps to make people aware which authority is responsible to compensate and rehabilitate the victims and there should also be an effective monitoring system to ensure that victim is compensated and rehabilitated.
The Committee noted that Childline India Foundation (CIF) supported by the Ministry of WCD is India’s first 24-hour, free, emergency phone service for children in need of aid and assistance. A concerned child can dial 1098, the toll free number to access their services.
The Committee observed that every effort should be made to popularize the helpline number and more initiatives should be taken to further strengthen this support mechanism. Crimes like sexual abuse at such tender ages take a toll on the mind and soul of the young ones. Before one could take care of one’s personal trauma, the fear of social ostracization, victim blaming etc. loom large. If the victims are from socially or economically backward background, things are even more difficult from them.
The Committee strongly felt that Government must do everything in order to rehabilitate the victims in the main stream. Apart from financial assistance moral and necessary legal support should also be provided. If one is in need, then one’s educational, residential needs should be taken care of.
Counselors should be made available to them for psychological evaluation and support. Self defense training should be imparted at school level as a preventive measure.
The Government enacted a self contained comprehensive piece of legislation (POCSO Act) to provide for protection of children from the sexual offences and pornography with due regard to safeguarding the interest and well-being of the child at every stage of the judicial process, incorporating child-friendly procedures for reporting, recording of evidence, investigation and trial of offences and provision or establishment of Special Court for speedy trial of such offences.
The Act has recently been amended by incorporating some stringent measures and strong penal provisions therein to deter the rising trend of child sex abuse in the country. The Committee strongly felt that concerted and coordinated efforts should be made in the right direction to fulfill the very purpose and aim, for which the Act was enacted in the first place.
(agencies)
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