"In the context of child sexual abuse it is necessary to administer child friendly justice at the highest attainable level. Justice that is accessible, age appropriate, speedy, adapted to and focussed on the needs and rights of the child", said Supreme Court judge Justice BV Nagarathna on Saturday while addressing the gathering at the 2-day National Stakeholders Consultation organised by the Supreme Court Committee on Juvenile Justice.
Justice Nagarathna further added that the POCSO Act has served the nation for a decade to help children and young adult to recover from sexual abuse. "This is therefore and appropriate juncture for us to embark on a course of corrective self-reflection, possible course correction and perhaps even to plant the seeds of change so that we are not faced with a situation that poses a challenge", she further added.
She further expressed that, "It is necessary to administer justice that is respectful of the rights of the child including the rights to due process, right to participate in and understand the proceeding and right to privacy and dignity of the child."
Justice Nagarathna showed concern over the pendency of the POCSO cases throughout the country and while she welcomed the suggestion of the Central Government of setting up fast track courts to remedy the situation, she also suggested that setting up of courts should be complimented with further steps.
"I am informed that the current pendency of trials pending pertaining to offences under the POCSO Act stands 2.26 lakhs or more throughout the country. The Central Govt has suggested a remedy to this situation by increasing the number of fast-track courts to hear and dispose of matters relating to Child Sexual Abuse. While this is a welcome move, I must caution that setting up fast track courts alone would be futile unless such measures are complimented with the appointment of more judges to try offences under the Act and by training and sensitization of judges, public prosecutors, police personnel, as we just heard Hon'ble Chief Justice say about it regarding the prevention of re-traumatization and regarding the support for mental health as stated by Hon'ble Minister in her speech. The role of experts when coupled with a child centric legal process could in fact help a child victim tread through the emotionally arduous path of recovery following abuse."
On the occasion of National Human Rights Day, Justice Nagarathna asked everyone to re-affirm their commitment to protect the children from various manifestations of abuse. She said, "The journey towards achieving the lofty ambition of protecting every such children from various manifestations of abuse will be an arduous one. Today on the occasions of National Human Rights Day, let us take a pledge to consider how Human Rights may be actualised for every child particularly those in contact and in conflict with the law. Let us jointly re-affirm our commitment to protecting our children from various manifestations of abuse."
Chief Justice of India DY Chandrachud, Union Minister for Women and Child Development Smriti Irani and Supreme Court judge Justice S Ravindra Bhat also spoke at the event.
POCSO| Judges Must Remember That Children May Use Different Vocabulary For Sex Abuse : CJI DY Chandrachud
