NEW DELHI:
Bachpan Bachao Andolan (BBA), Nobel Laureate Kailash Satyarthi’s NGO, on Thursday sought faster trial and
better prosecution in cases of crimes against children. In a “note”, the NGO informed Delhi high court that even if no fresh cases were lodged, the current child victims will not get to see conclusion of their cases before
2029.
Citing the protracted delays, the NGO gave an example of the brutal gang rape of a five-year-old girl in east Delhi in 2013 where the trial started in the same year, but the accused was declared juvenile in 2017. In March this year, HC remanded the matter back to trial court to again determine juvenility. The trial court in July declared the accused to be a major at the time of offence.
BBA also urged the court to ensure there is a proper mechanism to relocate a child victim since the accused in most POCSO Act cases are known to them, often being neighbours or those living in the same locality.
“When the child or the parents see the accused again, they go through extreme trauma. It is absolutely necessary that the child should not come in contact with the accused, not only in court but outside as well,” BBA underlined before the court.
A bench of Chief Justice Rajendra Menon and Justice V K Rao has sought the stand of Delhi Legal Services Authority (DLSA) over a system of relocating victims. “DLSA should take statistics monthly or weekly from police. Why don’t you have a system? These are issues that require to be addressed,” the bench noted, asking senior counsel H S Phoolka to file an application on behalf of the foundation so that directions can be issued to all authorities.
The court then posted the case for the next hearing on September 7.
The NGO, which campaigns for rights of children, has also sought a direction to police “to adhere to a time-bound investigation within three months” in cases of sexual offences against children. It sought direction to the courts subordinate to HC to complete trial in a time-bound manner.
The organisation also urged HC to order formation of an “acquittal review committee” saying there is no data available on the status of 804 cases that have resulted in acquittals. “There is no data available about the status of appeal in these cases, nor is there any system of monitoring if the appeals are being recommended by the prosecutors or are actually being filed,” the plea said.
Picture for representational purpose only.
