Low convictions, lack of infrastructure major hurdles in justice for child rape victims

Low rate of conviction, long-delayed compensations and lack of infrastructure have emerged as some of the major factors that delay justice and rehabilitation of child rape victims, the Delhi Commission for Protection of Child Rights said on Tuesday, during a meeting held with all its stakeholders.

In July, the Supreme Court had taken suo moto cognisance of the increasing number of child rape cases in the country. The court had taken cognisance on the basis of data it collated through its registry with the aid of various high courts. While dictating the order, the court had also said that there are 7,277 POCSO cases pending in 19 Delhi courts.

“As of June 30 this year, 7,277 cases are pending trial in Delhi. Under the Act, evidence of the victim has to be recorded within 30 days, while trial is to be completed within a year. However, both the procedures are largely delayed for years, which in most cases result in the affected families losing faith in the system,” said Prabhsahay Kaur, advocate, Delhi High Court.

The consultation held at the Delhi Secretariat saw the participation of experts and members of the National Commission for Protection of Child Rights (NCPCR), Delhi State Legal Service Authority (DSLSA), public prosecutors, representatives from education department and municipal corporations, NGOs and members from child welfare committees, among others.

Also, lack of awareness among families about their rights and immediate compensation was highlighted as another challenge. As per rules, after a case is reported and examined, immediate financial aid has to be provided by the DSLSA to the victim for medical expenses, said DCPCR member Jyoti Rathee.

A recent study by the DCPCR titled ‘Mapping of needs and priorities: study of child rape victims in Delhi’ revealed that only 15% victims of child sexual abuse received compensation, which too in most cases, was “delayed” and “inadequate”.

Besides, experts said more Standard Operating Procedure (SOP) are needed for government facilities to conduct early examination of victim, which is often delayed and results in losing crucial evidence as well as causing trauma to the child.

“The medical examination has to be done within 24 hours of the police receiving such a complaint. There have been cases where government hospitals were too burdened where a victim had to wait overnight to be examined causing them extreme trauma. An SOP for the same needs to be set for state medical facilities,” said Ashish Kumar, senior advocate and director, Legal Intervention at Haq: Centre for Child Rights.

According to experts, focus has to be more on prevention of such instances.

“At least 41% children in Delhi had reported sexual abuse according to a study conducted by the ministry of women and child development in 2007. The numbers have only risen since then. While all the focus has been on redressal, it is more important to look at prevention to reduce the number by putting in place effective mechanisms,” said Jatin Mondar, state program manager, Save the Children, an NGO.