The Hindu : National : Child sexual abuse: Court for effective punishment

Online edition of India's National Newspaper
Sunday, May 30, 2004

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National

Child sexual abuse: Court for effective punishment

By J. Venkatesan

NEW DELHI, MAY 29. The Supreme Court has said that Parliament should enact legislation to ensure that offenders in child sexual abuse cases are effectively punished.

A Bench, comprising the Chief Justice, S. Rajendra Babu, and Justice G.P. Mathur, said: "The cases of child abuse and rape are increasing at alarming speed and appropriate legislation in this regard is, therefore, urgently required. We hope that Parliament will give serious attention to this aspect and make appropriate legislation with all the promptness which it deserves."

In its order passed on Wednesday, the Bench authorised lower courts to hold in-camera trial in offences relating to child abuse, unnatural sex and outraging women's modesty. So far, in-camera trial was permitted only in cases of rape.

The Bench, citing an earlier judgment in State of Punjab vs Gurmit Singh, said that in-camera trial of rape cases would enable the victim to be comfortable and answer the questions with greater ease. This would improve the quality of her evidence as she would not be so hesitant or bashful to depose frankly as she might be in an open court, under the gaze of the public.

The judges also laid down guidelines to be followed by the trial courts in cases of rape and child abuse with a view to protecting the victims from being harassed during the trial. The court barred the defence counsel from directly cross-examining a rape victim. Counsel will now have to give his questions in writing to the judge who, in turn, will put them to the victim. The trial courts have been asked to make arrangements to ensure that the victims or witnesses do not see the face of the accused during the trial. The Bench also directed the trial courts to give sufficient breaks to victims during testimony.

The judges gave the directions on a public interest litigation filed by "Sakshi," a non-governmental organisation, which asked the Supreme Court to put offences such as outraging women's modesty and child abuse at a par with rape cases. The NGO contended that the definition of "sexual intercourse" as envisaged in the Indian Penal Code did not include "all forms of penetration."

As a result, it said, the investigating agencies did not treat these forms of sexual abuses under the category of rape. The NGO further said that the definition of rape in the IPC, which was applicable only to "penile/vaginal penetration," ran contrary to the existing contemporary understanding of rape. It said any form of sexual assault on women and children adversely affected their sexual integrity and should come under the category of rape.

The Bench said the suggestions made by the petitioner should be taken into consideration when legislation was enacted by Parliament.

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