Amendments in CRPC needed to tackle CSA, say lawyers

Setting up special courts and making radical changes to existing laws are needed to effectively address the issue of Child Sexual Abuse(CSA), say lawyers and activists. "Often investigation drags on for years, and by then the child is confused whether she was touched on the right or left side first, and similar aspects of investigation," said All India Federation of Women's Lawyers national secretary K Santhakumari. According to the State Crime Records Bureau report (2008), CSA cases in Tamil Nadu are increasing every year. A child is sexually abused in Tamil Nadu every second day; 265 cases were filed in 2008, 141 in 2007 and 125 in 2006. "But the figures do not reflect reality, since many cases do not get registered," said Human Rights Court special public prosecutor V Kannadasan. "Only 20% of the accused are convicted and if the charge sheet is filed after 90 days, the accused is entitled to bail while the victim is still suffering," he said. "The Juvenile Justice Act recommended the setting up of a special police wing to handle such cases but that has not happened," he added. "A special court will have a pan-India jurisdiction and will be in a better position to understand the nuances of such cases which cannot be clubbed with regular criminal cases," said Geeta Ramaseshan, a lawyer. "There is a huge area in the investigation process where you need to work with empathy but often lower rank investigating officers misguide families, raising the bogey of social stigma," she added. Five years ago, the Supreme Court (in the Sakshi vs Union Of India case) mandated that questions put to a victim would first be shown to the judge who would pose them to the victim who is shielded by a screen. Vigorous cross-examination that adults are subjected to should be avoided, it added. However, the ground reality is very different, say lawyers and prosecutors. Currently, CSA cases drag on for two years and more. To ensure that victims do not suffer the ignominy of a long-drawn court case, "an amendment in CRPC (Code of Criminal Procedure) is required, which will stipulate the time frame within which the case has to be filed," said Kannadasan. "This will ensure that prosecution can also have a directive on proceeding with the case, as it does in the case of Domestic Violence Act (60 days)" he added. As an interim measure, CSA cases can even be handled by Mahila Courts, felt Shantakumari. "Their track record is good and additional allocation of huge funds will not be required," she added. - www.palaklotiya.co.in