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Ways to Treat a Child Witness

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February 17, 2020

What is the issue?

  • The police have been allegedly violated the rules while questioning the school children in Bidar (Karnataka) for a case.
  • After this, much of the spotlight has been on reports of how the police treated the children.

What are the international conventions?

  • Since 1992, India has been a signatory to the United Nations (UN) Convention on the Rights of the Child of 1989
  • The Convention states that in all actions concerning children, whether undertaken by public or private social welfare institutions, law courts, etc, the best interests of the child shall be a primary consideration.

What are the international guidelines?

  • ‘UN: Justice in Matters involving Child Victims and Witnesses in Crime: Model Law of 2009’ provided a more specific set of guidelines in the context of child witnesses.
  • It recommends that authorities treat children in a caring and sensitive manner, with interview techniques that minimise trauma to children.
  • They recommend specifically that an investigator specially trained in dealing with children be appointed to guide the interview of the child.
  • The investigator shall, to the extent possible, avoid repetition of the interview during the justice process in order to prevent secondary victimisation of the child.
  • [Secondary victimisation - Occurs not as a direct result of a criminal act, but through the response of institutions and individuals to the victim.]

How do Indian laws address the issue of child witnesses?

  • Under Section 118 of the Indian Evidence Act, 1872, there is no minimum age for a witness.
  • Usually during a trial, the court, before recording the testimony of a child witness, determines their competency on the basis of their ability to give rational answers.
  • When a child doesn’t understand the significance of taking an oath to speak the truth, the judge or the staff should explain to the child that s/he should speak the truth.

Have courts dealt with how child witnesses are to be treated?

  • The Delhi High Court (HC) has come up with guidelines for recording of evidence of vulnerable witnesses in criminal matters.
  • [Vulnerable witness - Anyone who has not completed 18 years of age.]
  • These guidelines allow for a facilitator for such a witness to be appointed by a court for effective communication between various stakeholders.
  • In 2016, the Delhi HC said that while children can be pliable, their testimony can be considered after careful scrutiny.

What does the JJ Act say about questioning of children?

  • The Juvenile Justice (Care and Protection of Children) Act, 2015 is the primary legislation in the country pertaining to children.
  • It says that a child-friendly approach in the adjudication and disposal of matters in the best interest of children must be adhered to.
  • It also requires that interviews of children be done by specialised units of police who are trained to sensitively deal with them.
  • It prescribes that a Special Juvenile Police Unit is to be constituted by the state government in each district and city.
  • Their work includes coordinating with the police towards sensitive treatment of children.
  • The Act also provides for a Child Welfare Committee in every district to take cognisance of any violations by the authorities in their handling of children.

What does the POCSO Act say about questioning of children?

  • The Protection of Children from Sexual Offences (POCSO) Act, 2012 has specific guidelines regarding interviewing children as witnesses.
  • While it pertains to child sexual abuse victims, child rights activists say the guidelines are a framework for all children witnesses who are being interviewed by the police.
  • The Act states that interviews should be conducted in a safe, neutral, child-friendly environment.
  • It also says a child should not be made to recount the incident in question multiple times.
  • The Act allows for a support person, who could be trained in counselling, to be present with the child to reduce stress and trauma.

 

Source: The Indian Express

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