The Supreme Court of India recently expressed strong disapproval of the way a minor victim in a Protection of Children from Sexual Offences (POCSO) case was cross-examined. The court emphasized that lawyers must handle such sensitive cases with humanity, especially when dealing with vulnerable child victims of sexual abuse.
Background:
The case in question involved a minor victim who was subjected to a harsh and insensitive cross-examination, raising concerns about the ethical responsibilities of lawyers in such situations. The Protection of Children from Sexual Offences (POCSO) Act was enacted to protect children from offenses such as sexual assault, harassment, and pornography, while ensuring a child-friendly judicial process. However, instances of inappropriate and aggressive cross-examinations often retraumatize victims, undermining the very purpose of the Act.
Court’s Criticism:
The Supreme Court condemned the tactics used by the defense during the cross-examination, stating that such behavior causes further psychological harm to the victim. The court underscored the need for lawyers to show compassion and sensitivity in these cases, urging them to avoid harsh interrogation tactics that could retraumatize the victim. The bench stated that cross-examination should not resemble a re-victimization process, particularly when minors are involved.
Existing Measures:
To protect child victims during legal proceedings, various safeguards are embedded in the POCSO Act, such as in-camera trials and allowing the use of intermediaries during testimony. Despite these safeguards, the court noted that the handling of the process sometimes falls short of the intended protective measures.
Conclusion:
The Supreme Court’s remarks serve as a reminder to legal professionals to uphold the dignity of victims, particularly minors, while carrying out their duties. The court’s criticism reinforces the need for a more humane approach in dealing with sensitive cases, ensuring that the judicial process does not add to the trauma experienced by victims.