The Hindu : New Delhi News : New guidelines for cases of child sexual abuse

Online edition of India's National Newspaper
Wednesday, Aug 22, 2007
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New Delhi

New Delhi

New guidelines for cases of child sexual abuse

Staff Reporter

Victim shall not be kept in police station at night
The cases will be investigated on a priority basis

NEW DELHI: To ensure that children subjected to sexual abuse are treated with compassion and dignity befitting their mental and physical status, the Delhi High Court has issued a series of guidelines to the police, courts and doctors on how they should be treated during investigation and trial as also their medical examination.

A Division Bench of the Court comprising Justice R. S. Sodhi and Justice B. N. Chaturvedi issued the guidelines on a suo motu petition and the feedback received from various forums which revealed instances of insensitivity on the part of the authorities dealing with such cases.

About the modalities of investigation of child abuse cases, the guidelines say the victim shall not be kept in the police station overnight on any pretext, whatsoever, including medical examination. The cases may be investigated on a priority basis and completed preferably within 90 days of registration of FIRs and the investigation shall periodically be supervised by senior officers.

Further, the investigating officer shall ensure that the identity of the child is protected from publicity.

Officers recording the statement of the victim should not be in police uniform and it shall be recorded at the victim’s residence or at any other place where he or she could make his or her statement without fear, the guidelines say.

The investigation shall be conducted preferably by a lady officer trained to deal with child victims of sexual abuse and she shall ensure that the victim does not come in contact with the accused at any stage.

About the medical examination, the guidelines say that in the case of a girl child the medical examination shall be conducted by a female doctor and a psychiatrist’s help be made available before the medical examination at the hospital itself.

Parents or guardians or persons in whom the child has trust should be allowed to be present during the medical examination, the guidelines state.

On the recording of statement by the Metropolitan Magistrate, the guidelines say the statement of the victim be recorded at a separate place within the court and he or she shall not be separated from his or her parents and environment on the ground of ascertaining voluntary nature of the statements unless the parents or guardians reported be abusive and the magistrate thought it appropriate.

The court proceedings shall be conducted in camera and appropriate measures shall be taken to ensure that the victim is not confronted with the accused.

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