MADURAI: The Madurai bench of the Madras High Court has directed the state government to consider formulating a coordinated state-wide sensitisation programme titled ‘Singapen Sensitisation Workshop’ for providing training to all stakeholders involved in implementation of the Pocso Act to ensure responsible and sensitive handling of child victims.
“The true success of child protection jurisprudence will not be measured solely by conviction statistics, but by whether children emerging from the justice system feel protected, heard, reassured, rehabilitated and emotionally safe. If child protection laws are implemented mechanically or insensitively, the ultimate casualty will always be the child,” Justice L Victoria Gowri observed.
She made the observations while hearing petitions filed by five persons seeking to quash criminal proceedings initiated against them under the Pocso Act, claiming that they were falsely implicated in the cases. While three of the cases were quashed, one petition was disposed of by staying the proceedings with a direction to the Tiruchy police and Bar Council of Kerala to inquire into the victim’s advocate.
The judge noted that in all four cases, the victims were manipulated and pressured to give false complaints. “Courts, institutions and society alike bear a collective constitutional duty to ensure that children are protected not only from sexual offences, but also from the emotional violence of fabricated accusations and irresponsible institutional processes,” the judge observed.
She also blamed it on the lack of public awareness about the consequences of false Pocso complaints. Moreover, such false Pocso cases not only harm the accused but also consume enormous judicial time and resources which ought to be devoted towards genuine child victims, she added.
The judge also highlighted that though Rule 9 of Pocso Rules provides for victim compensation, there remains an inadequate statutory focus upon sustained educational, psychological, vocational and rehabilitative support for children whose lives are destabilised owing to victimisation or prosecution-related stigma.
She therefore suggested the state to formulate a coordinated statewide sensitisation programme titled, ‘Singapen Sensitisation Workshop’, focusing on trauma-sensitive implementation of Pocso Act, prevention of its misuse, responsible handling of child victims, ethical child interviewing techniques, among others. The state was also directed to conduct a training programme for all the stakeholders involved in the implementation of the Pocso Act, adding that the Inspector General of Police, Singapen Special Task Force and the secretary of the Social Welfare Directorate should jointly coordinate the execution of the programme across the state.
