Describing child sexual abuse as an epidemic, the Delhi High Court has called for adopting a humane approach to address the issue, while affirming that sexual victimisation of children robs them of their childhood and causes a loss of trust, which may lead to depression.
Not only should the parents help the children overcome the trauma, but even trial courts dealing with such cases should create an atmosphere where the victim can depose truthfully against the perpetrators, said the court, while dismissing the petition of an accused, who had sought quashing of a first information report registered against him for sexually abusing a 12-year-old boy.
A Bench of Justice P.S. Teji said child sexual abuse was one of the most pervasive social problems in the country and its impact was profound because of the sheer frequency of its occurrence and the trauma it brought into the lives of the children who experience it. “Child sexual abuse is an epidemic,” said the Judge.
The judgment, delivered earlier this week, said that the results of child sexual abuse were ‘severe and far reaching’ as victims not only suffer from physical pain, but also undergo mental and emotional trauma.
The court said accused Ankush Kumar was using all possible methods to pressurise and win over the minor victim in the three-year-old case, and trying to tamper with evidence and hamper the trial.
According to the minor boy’s complaint, he was lured by the accused on the pretext of giving him a job of cleaning vehicles, for which he was promised a remuneration of Rs. 4,000 per month.
The accused moved the court seeking quashing of the FIR on the grounds that a compromise had been arrived at between him and the boy’s father.
The court refused to grant the relief while observing that the accused had put ample pressure on the minor child to concede to his wishes and tamper with evidence. The accused wanted to get rid of the due process of law, which was neither permitted by the statute nor by the law laid down by the Supreme Court.
“There is a lot of pressure from the accused as well as the parents of the victim and the child witness is being compelled by circumstances not to bring true facts before the court. The conduct of the petitioner is apparently going to affect the due process of law and the testimony of the victim,” said the court in its seven-page judgment.
The Judge directed the trial court to ensure the examination of the child witness by giving him due protection and bring him out of the pressure of the accused and his father. If the need arises, the trial court will consider cancellation of bail of the accused for ensuring the child’s independent testimony.
The Judge directed the trial court to ensure examination of the child witness by giving him due protection and bring him out of the pressure of accused and his father
