CHENNAI: Distressed at the "consistent failure" of laws and the continuing misery of trafficked women and children, the Madras High Court has laid down comprehensive guidelines to overhaul vigilance homes that accommodate victims/young offenders.

The First Bench, comprising Chief Justice A.P. Shah and Justice K. Chandru, issued separate directions to the police, the judiciary and the State Government. The Bench was passing orders on a writ petition, taken up suo motu on the basis of a report filed by S. Vimala, Director of the Tamil Nadu State Judicial Academy.

Calling for a humanistic rather than a purely legalistic approach in such matters, the Judges stressed the need for stringent implementation of rehabilitative provisions of law.

Directions to police

Every rescued victim, taken into custody after a search/raid, shall be produced before the legally competent authority within 24 hours, and officials shall not dispose of the rescued persons at their own discretion. Victims shall be treated with compassion, respect and dignity, the Judges said, adding that they must have access to mechanisms of justice and prompt redress.

The authorities concerned, as also voluntary organisations, shall take full precautions to ensure that the identity of the rescued victim is not revealed, the Bench said, adding, "particular care shall be taken to protect the identity of the victims from publicity through media, and victims shall be protected against their being used by the media for its own commercial end." The victim should never be kept overnight in a police station, except in all women police stations.

Questioning should be done mostly by women police officers, and a social worker or a support person, preferably a female, must be present when women are questioned by police officers. There should not be too much pressure on children to give details of their experience. The police shall intimate the Tamil Nadu State Legal Services Authority immediately after rescue operations.

Magistrates

The Magistrates/Juvenile Justice Board shall handle all cases involving sexual abuse of children within a stipulated time frame, preferably six months, the Bench said. Custody of the child should not be handed over to parent/guardian without involving the probation officer/social worker.

Trials of cases of trafficking should generally be in-camera and the magistrate/board should avoid disclosing the name of the female prosecutors and court/board orders, to save embarrassment to the victim. Calling for the sensitisation of judicial officers, the Bench said, "to prevent secondary victimisation during interrogation/examination by investigating agencies, as well as during court procedure, a model code of conduct should be evolved."

The First Bench has asked the Government to establish more shelter homes in all districts. Victims and their minor dependents should be helped to obtain formal education free of cost, and life skills shall be imparted to them. The daily allowance given to the inmates shall be increased to Rs.20 from Rs.17.50, and help booths shall be installed at railway stations and bus stands.

Positive intervention, through special courts and a State-level coordination committee, shall be ensured by the Government, which should also prepare a policy note with regard to immoral trafficking, the Bench said.

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