Public Interest Litigation (PIL) has recently been filed in the Karnataka High Court, seeking the issuance of guidelines to police performing the interrogation of minors during criminal proceedings. The PIL is requesting direction be in line with the rights of minors as outlined within both the Juvenile Justice Act and UN resolutions.
United Nations Resolution on Child’s Rights
The Convention on the Rights of the Child, 1989, a relevant UN resolution states that ‘in all actions concerning children, whether enacted by public or private social welfare institutions, courts, administrative bodies or legislative entities, the child’s best interests should be a priority.’ India has been a signatory to this convention since 1992.
Guidelines for Child Witnesses (2009)
Authorities are expected to treat children with special care, emphasizing on communication techniques that limit emotional trauma for the child. An investigator trained to handle children should guide the interview process using a child-sensitive approach. The interview should be performed only once, as much as possible, to prevent the child from experiencing secondary victimization, a term referring to the trauma inflicted through institutional and individual responses to the victim.
Indian Law and Witnesses’ Age
According to Section 118 of the Indian Evidence Act, 1872, there is no set minimum age for a witness. Children as young as three years old have testified in sexual abuse cases before trial courts. A person can serve as a witness if they can understand and rationally answer questions presented to them. The court determines a child witness’s competency based on their capacity to provide rational answers at trial.
Relevant Indian Laws Concerning Children
The Constitution’s Article 39 (f) directs the state to prioritize children’s healthy development, free and dignified living conditions, and protection against exploitation and moral and material abandonment. The current legislation relevant to children in India, the Juvenile Justice (Care and Protection of Children) Act, 2015, doesn’t provide specific guidelines for questioning or interviewing child witnesses. Nonetheless, it recommends a child-friendly approach for adjudication and disposal of matters, with the police appearing out of uniform when dealing with children.
Special Juvenile Police Units and Child Welfare Committees
The Juvenile Justice Act mandates the creation of Special Juvenile Police Units and Child Welfare Committees. These units interview children and are trained to handle them sensitively. The Child Welfare Committee in each district is responsible for addressing any violations by authorities in handling children.
Guidelines under POCSO Act
The Protection of Children from Sexual Offences (POCSO) Act, 2012 establishes specific guidelines for interviews with child witnesses, particularly victims of sexual abuse. It recommends conducting such interviews in safe, neutral, and child-friendly environments, restricting the repetition of recounting the incident, and assigns a trained support person to accompany the child during the process to minimize stress and trauma.
Delhi High Court Guidelines
The Delhi High Court has issued guidelines for recording evidence from vulnerable witnesses, defined as individuals under 18 years, in criminal cases. The court emphasizes the need for the justice system to respond proactively, sensitively, and in an age-appropriate manner when interacting with children.
Last Modified: February 7, 2024