Lack of professionalism is writ large in POCSO cases' investigations: Kerala HC
Aug 21, 2020
Kochi (Kerala) [India], August 21 : A lack of professionalism is writ large in the investigations of Protection of Children from Sexual Offences Act (POCSO) cases, the Kerala High Court observed on Friday.
Justice PB Suresh Kumar, while considering a criminal appeal, said, "Lack of professionalism is writ large in the investigations. Fundamental flaws such as, not collecting legal evidence to prove the age of the victim for want of awareness as to the relevance of such evidence have come to notice of this court not in one, but in several cases."
The court further said that it would issue some general guidelines in relation to investigation and trial of POCSO cases.
The court issued notice to the State Public Prosecutor and also the Kerala State Legal Services Authority while posting the case to August 25. It said that it is concerned about the quality of justice delivery in this field.
The court made these observations after it noted that the guidelines formulated by the state as early as in April 2015 are not available in the public domain.
It said that POCSO cases are being investigated by police officers who are not informed or trained to deal with children and their family members in a child-sensitive manner.
The court noted that though guidelines mandate it, the evidence is not collected to establish the sexual abuse through behavioural indicators or to explain the trauma-induced 'counterintuitive behaviour' of the victim.
"No mechanism is being adopted by investigating agency to cross-check veracity of statements including subjecting the children to psychological/psychiatric consultations. Despite the Guideline that a lawyer should be provided for the child, no lawyer is seen engaged by the child in any proceedings under the POCSO Act,'' the court added.
