A PIL seeking to issue guidelines to be followed in the pending trials of child sexual abuse cases in tune with the Protection of Children from Sexual Offences (POSCO) Act-2012 was filed in the Madurai bench of the Madras High court today.
In the PIL filed by district secretary of All India Democratic Women's Association S K Ponnuthai submitted that the objective of the POCSO Act was to protect children from offences of sexual assault and safeguard their interest at every stage of judicial process incorporating child friendly procedures for reporting, recording of evidence, investigation and for speedy trial.
Ponnuthai submitted that she was seeking the guidelines for the offences committed before November 14, 2012, as the earlier Criminal Justice system discouraged children and their parents to report the offences of child sexual abuse to the police. The hostile situation prevailed in police station and Court during the investigation and trial made them suffer in silence.
She also sought to stay the trial of a child abuse case occurred in the Government Higher Secondary school, Pothumbu in Madurai district in 2011. The case was registered after an inquiry was conducted by the Child Welfare Committee.
The case was pending before the Additional Sessions Judge. The case came up for hearing on February 3 this year. But as the case was registered in 2011 before the POCSO Act came into force, child friendly procedures were not followed in the court. The case was adjourned as special prosecutor had not been appointed.
The children were made to wait. There was no proper waiting place for the victims.
She said the High Court should evolve a child friendly procedures to be followed in the pending trials. While the enactment of POCSO act and rules would safeguard the interest of the victims in the cases of sexual abuse from November 14, 2012, it was imperative to address the problem of those victims in cases that happened before the enactment through proper directions, she contended.
Justice V Ramasubramanian and Justice V M Vimala stayed the trial proceedings and posted the case for hearing next week.
