Just a day or two before the Children’s day a couple with nine year old school going girl walked into my clinic. I was stunned to hear the shattering incidence of child sex abuse. The nine year old child was sexually abused by three teachers from her school… repeatedly!

It was an incidence that makes one feel very sick and terrorized! Apart from treating the child, I ensured that parents are aware of the next legal steps. In fact I stood by them and ensured that things were done. Parents are usually  not keen on taking any  legal steps. They feel that fighting against the system is unfruitful exercise and shall only bring shame to the child and the family. I took extra time to explain to them that it is not true any more! The parents were not aware of the Prevention of sexual offences against children Act , commonly called as POSCO Act. I walked an extra mile with them making them aware of the child friendly provisions of the Act. I  told them that it was also important to report as they  will also be protecting other children from the perpetrators.

I realized that most of the people and even doctors are unaware of these important provisions of the Act. I think it is very crucial that all of us know the special provisions.

The POSCO Act provides for the establishment of Special Courts for trial of offences under the Act, keeping the best interest of the child as of paramount importance at every stage of the judicial process. The Act incorporates child friendly procedures for reporting, recording of evidence, investigation and trial of offences. These include:

  • Recording the statement of the child at the residence of the child or at the place of his choice, preferably by a woman police officer not below the rank of sub-inspector
  • No child to be detained in the police station in the night for any reason.
  • Police officer to not be in uniform while recording the statement of the child
  • The statement of the child to be recorded as spoken by the child
  • Assistance of an interpreter or translator or an expert as per the need of the child
  • Assistance of special educator or any person familiar with the manner of communication of the child in case child is disabled
  • Medical examination of the child to be conducted in the presence of the parent of the child or any other person in whom the child has trust or confidence.
  • In case the victim is a girl child, the medical examination shall be conducted by a woman doctor.
  • Frequent breaks for the child during trial
  • Child not to be called repeatedly to testify
  • No aggressive questioning or character assassination of the child
  • In-camera trial of cases
  • The media has been barred from disclosing the identity of the child without the permission of the Special Court.
  • For speedy trial, the Act provides for the evidence of the child to be recorded within a period of 30 days. Also, the Special Court is to complete the trial within a period of one year, as far as possible.
  • The punishments are more harsh than the regular provisions of the law when children are the victims.

On the occasion of Children’s day let us share this information to as many people as possible and stand united against the child sex abuse!