Delay and intimidating questions during trial in a hostile environment were the major reasons for fewer convictions in sexual abuse cases. Discuss how such secondary victimisations can be curtailed to establish women and child friendly courts.
Refer – The Hindu
IAS Parliament 7 years
KEY POINTS
· It has long been recognised that children, women testifying as sexual abuse victims, find the courtroom experience intimidating.
· In many cases, they are victims themselves, and may be deterred from deposing fully and confidently in the formal atmosphere.
Secondary Victimisation
· It refers to the re-victimization of crime victims during their interactions with insensitive criminal justice professionals, medical personnel, psychological staff, and victim advocates.
· All of these “helping individuals” are (in their own way) trying to help victims but in different ways, unintentionally revictimizes the victim.
Statutory mandate
· The Protection of Children from Sexual Offences Act (POCSO) provides for child-friendly procedures during a trial and mentioned that,
· The officer recording a child’s statement should not be in uniform.
· During court proceedings steps must be taken to ensure that the child is not exposed to the accused.
· The court is allowed to record a child’s statement through video conferencing, or using one-way mirrors or curtains.
Solutions
· Proper implementation of POCSO Act provisions in order to establish child friendly courts.
· Establish special deposition centres to help create a conducive atmosphere for children and other such vulnerable witnesses, to testify without any fear or intimidation.
· In that context, The Supreme Court’s recent order for establishment of 2 deposition centres under every high court’s jurisdiction within 3 months is a laudable one.
· The creation of such special centres would have to imply much more than a safe space for recording the testimony.
· More importantly the procedure should ensure that it is minimising harm and preventing ‘secondary victimisation’.
· Multiple depositions and hearings at which witnesses have to be present should be avoided.
· In particular, they should not have to needlessly wait for their turn or be subjected to procedural delays.
