Calls for Child-Friendly Reforms
In a striking critique of the conditions in POCSO (Protection of Children from Sexual Offenses) courts, Justice Sophy Thomas of the Kerala High Court has raised serious concerns about the traumatic environment faced by minor victims during court proceedings. This observation emerged during the review of several regular bail applications, predominantly involving defendants charged under the POCSO Act.
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Justice Thomas’s remarks were particularly focused on the physical setup of the witness box in these courts, which she likened to a kennel. This comparison was drawn to underscore the fear and discomfort experienced by children who are called to testify in such settings. She stated,
“In POCSO courts, there is a box in which children are to be deposed. It is meant for the victim and it is just like a kennel. Children will be scared just to enter it. Asking children to go into that cage could itself be very traumatising.”
These words vividly illustrate the daunting and potentially damaging experience for young victims in a setting that is supposed to ensure their protection and justice.
Justice Thomas further recalled a personal experience to highlight the issue. During her time in a POCSO court, she observed the distressing impact of the witness box on children. In an attempt to alleviate their discomfort, she made a significant decision.
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“I told the court staff to put the accused in the witness box and allow the kids to be outside,”
she recounted. This action, though simple, represented a profound shift in the approach towards handling young victims in a legal environment, prioritizing their emotional well-being.
The judge also drew attention to the restrictive nature of the witness boxes, likening them to dog kennels not just in size but also in terms of the lack of light and visibility they offer. She remarked,
“Only their faces are visible. Even dog kennels have bars which let light in. Here the children are put into a closed box from which only their face is visible so that the accused cannot see them.”
This comparison starkly highlights the need for a more thoughtful and sensitive approach in designing courtrooms, especially those meant for the testimony of minor victims.
Justice Thomas’s observations and comments are a call to action for the legal system, emphasizing the need for a more compassionate and child-friendly approach in POCSO courts. The current conditions, as described by her, not only contribute to the trauma of the young victims but also pose a challenge to the very essence of justice, which seeks to protect and heal those who have been wronged. Her insights bring to light an often-overlooked aspect of the judicial process, urging a reevaluation of how the system can better serve the needs and rights of children.
