On Friday, the Ernakulam District Court complex hosted the inauguration of Kerala’s first child-friendly Special Court for hearing matters involving the Protection of Children from Sexual Offenses Act (POCSO Act).
The recently renovated POCSO court contains a number of amenities, including play areas, private restrooms, and dining spaces, to provide a more relaxed setting for child survivors to easily and safely give testimony.
At an event overseen by Honey Varghese, the Principal District & Sessions Judge for Ernakulam, Justice K Vinod Chandran of the Kerala High Court opened the court on Friday morning. As the chief guest, Kerala’s Minister for Health and Women’s and Children’s Development Veena George gave the keynote address.
Ernakulam’s Additional District and Sessions Judge, K Soman, G Priyanka, Director of the Women and Child Development Department, Manoj Krishnan, Government Pleader, and attorney Anil S. Raj, President of the Ernakulam Bar Association, spoke at the event.
Goa, Delhi, Telengana, and Karnataka have already put similar policies into place. The POCSO Act suggests that Special Courts be set up in each district of a state to deal with offences covered by the Act.
To conceal the children’s identities, such courts are expected to have one-way mirrors and video conferencing capabilities. The Act also suggests providing for translators, special educators, NGOs, etc. as needed and allowing parents or other people the children hold in high regard to be present. To handle such cases, Special Prosecutors with at least seven years of experience must be appointed.
Furthermore, the Act includes requirements to protect the child’s dignity. The child should not be subjected to harsh questioning or character assassination. If necessary, the judge may permit periodic breaks during the trial.
Furthermore, the youngster should not be called upon to testify in court on multiple occasions. The ultimate goal is to create a non-threatening environment in which children can testify freely and under minimal pressure.
To that purpose, the existing child-friendly courtroom facilities have included a number of novel measures. The Goa facility has welcoming rooms without witness boxes. To facilitate testimony, children witnesses are involved in activities such as colouring.
The Hyderabad facility allows the child to engage directly with the court in a separate space from the accused. A two-way video conferencing device allows the accused to observe and hear the proceedings. This also allows the youngster to identify the offender without the need for physical contact.
The judge and other personnel must dress in simple clothes. The court also has a kid-friendly waiting area with toys and brightly coloured furnishings.
Kerala took its first step toward more child-friendly court environments in April 2018, when the POCSO court in Ernakulam district opened a child-friendly witness room.
The Kerala government has suggested the establishment of 28 more similar courts, with Finance Minister KN Balagopal stating in his budget speech that 8.5 crore has been set aside for the purpose.