Karnataka has released a handbook to deal with various aspects of child sexual abuse cases, which come under the Protection of Children from Sexual Offences (POCSO) Act. Called ‘Standard Operation Procedures and Guidelines under POCSO Act 2012’, the handbook, which has been four years in the making, contains comprehensive information about how various stakeholders involved in POCSO cases – right from police to public prosecutors to support staff and mental health professionals – should deal with the child victim as he/she goes through the legal process.
The handbook is put together with inputs from various stakeholders such as police officials, social workers and doctors on the ground. It is a joint effort by Karnataka State Commission for Protection of Child Rights (KSCPCR), Office of the Director-General and Inspector General of Police, Office of the Director-General of Police Training, Directorate of Forensic Science Laboratories, Prosecution Department, Center for Child and the Law (CCL), Enfold Proactive Health Trust, NIMHANS, Factum Law and Doctors.
Released on October 13, the handbook will soon be uploaded onto the KSPCR website, and will also be translated into Kannada.
What the handbook addresses
The handbook is divided into various sections, each detailing how various state personnel — police, forensic science labs (FSL), medical examiners, public prosecutors — and others like support staff and mental healthcare professionals should deal with child sexual abuse cases.
For instance, the section on FSL provides information on procedures to collect evidence (preservation of crime scene, completely barring press and media from crime scenes) and types of physical evidence and how it should be preserved. The section on medical personnel, too, talks about how the role of a doctor is three-pronged: physician, legal (collecting forensic evidence, preparing medical report), and social (preventing victim blaming, encouraging and maintaining the child’s dignity).
Standard operating procedures pertaining to trial and investigation are also laid down to ensure minimal trauma to the child victim. For example, a police official can come to the child’s house, in plain clothes, to take the statement.
The book also iterates that child-friendly practices laid down should be followed during the trial. For instance, the child should not be repeatedly called to testify in court. Further, aggressive questioning or character assassination of the child should not be allowed by Special Courts. The identity of the child must be protected, even after the trial. And at no point should the child be made to see the accused; a screen should be placed between the accused and the victim in the court.
Why the handbook
The handbook not only provides guidelines to those working with POCSO cases, but also provides a holistic view of what they can expect as well.
For instance, the handbook explains how a child’s behaviour can change post-sexual trauma, and how mental health experts should look out for it. In addition to the mandatory reporting of the crime — as prescribed in the POCSO Act, it also touches upon how mental health professionals can help a family navigate it.
A social worker involved with putting together the handbook told TNM that standard operating procedures allow for covergence between different stakeholders involved in the POCSO case i.e. allowing them to collaborate and coordinate with each other.
The necessity of this was pointed out by former Karnataka DGP ST Ramesh at the launch of the handbook as well. "All the stakeholders must work together during an investigation so that there is a more smooth transaction that takes place. Lack of communication between the CWC, the police, DCPU, and medical officers can all have harrowing effects on the child’s mental state,” he said.
It also clearly defines time frames within which the medical examinations, analyses of different samples and other aspects need to be done. Above all, the handbook hopes to standardise the ways in which POCSO cases are dealt and can help reduce errors and further trauma to the child and the family.
In the future, SOP for judges and Child Welfare Committee workers will also be added to the handbook.