CHENNAI: In a significant move, Tamil Nadu is set to introduce a dedicated framework for the welfare of children who witness crimes, recognising that exposure to violence can leave lasting psychological scars even when a child is not the direct victim.
The draft framework proposes treating child witnesses as ‘Children in Need of Care and Protection (CNCP)’, even though they are not explicitly covered under the Juvenile Justice (Care and Protection of Children) Act, 2015.
The draft, released by the state government, notes that children who witness violence and crime can suffer psychological trauma, impaired cognitive functioning and social withdrawal.
It argues that such children require the same level of care, protection, counselling, legal aid and rehabilitation that is currently extended to children already recognised as needing care and protection under the law.
The draft also recommends that the union government amend the Juvenile Justice (Care and Protection of Children) Act, 2015, to explicitly include child witnesses within its ambit.
It lays down the responsibilities of various stakeholders, including police, district child protection units, schools, health authorities and legal services authorities, in identifying, supporting and rehabilitating child witnesses.
A major focus of the framework is mental health support, proposing psychological first aid, trauma-informed counselling, vulnerability assessments and long-term follow-up through district mental health programme units, government hospitals and specialised mental health facilities. It also calls for child-friendly legal procedures, legal aid and witness protection measures wherever necessary.
Rehabilitation measures include ensuring continuity of education, family reintegration wherever possible and institutional care when required. The framework also proposes that the home department create a dedicated witness protection fund for witnesses, including child witnesses. It suggested that police and child protection officials be allowed to seek protection measures on behalf of child witnesses in criminal cases.
The draft has been published on the website of the Department of Children Welfare and Special Services and the government has invited comments and objections from the public. Suggestions can be sent to dcwss.childwitnessguidebook@gmail.com till June 19.
A Devaneyan of Thozhamai, who was part of the consultations on the framework, praised the Madras High Court for taking the initiative for the much-needed intervention. He said children are often witnesses in domestic violence cases, offences under the Protection of Children from Sexual Offences Act and other forms of abuse, but receive little attention despite experiencing severe emotional and psychological distress.