THE GIST of Editorial for UPSC Exams : 04 March 2020 [How to treat a child witness? (The Hindu)]

How to treat a child witness? (The Hindu)

Mains Paper 2: Polity
Prelims level: Juvenile Justice Act
Mains level: Indian laws address the issue of child witnesses
Context:

• The PIL has asked for guidelines to be issued to police regarding interrogation of minors in criminal proceedings in accordance with the Juvenile Justice Act and United Nations resolutions.

What are the international conventions on children in these situations?

• India has been a signatory to the Convention on the Rights of the Child since 1992, which was adopted by the General Assembly of the United Nations in 1989. “In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration,” the Convention states.
• In 2009, the ‘United Nations: Justice in Matters involving Child Victims and Witnesses in Crime: Model Law’ provided a more specific set of guidelines in the context of child witnesses. These guidelines recommend that authorities ...............

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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. Children as young as three years old have deposed before trial courts in cases of sexual abuse.
• Usually during a trial, the court, before recording the testimony of a child witness, determines his or her competency on the basis of their ability to give rational answers.
• A child is usually asked questions like their name, the school they study in, and the names of their parents to determine their competency.
• If the child is very young and does not understand the significance of taking an oath to speak the truth — which is administered to each witness before testimony — the judge or the staff explain to the child that he or she should speak the truth, thinking of whichever God they believe in.
• Trials involving children as witnesses have primarily been in cases of child sexual abuse. Other criminal cases where children are examined as witnesses have included those where a parent is the victim of violence at home, in the sole presence of the child.

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

• The Delhi High Court has come up with guidelines for recording of evidence of vulnerable witnesses in criminal matters. A vulnerable witness is defined as anyone who has not completed 18 years of age.
• Focusing primarily on child witnesses giving testimonies that are recorded in court, the Delhi High Court guidelines underline the importance of the criminal justice system needing to respond proactively, sensitively, and in an age-appropriate manner when dealing with children.
• The guidelines says that, the lengthy process of navigating the formal and adversarial criminal justice system can affect the vulnerable witnesses’ psychological development.
• They allow for a facilitator for a vulnerable witness to be appointed by a court for effective communication between various stakeholders including the police.

What are the laws pertaining to the questioning of children?

Juvenile Justice Act:

• The primary legislation in the country pertaining to children is The Juvenile Justice (Care and Protection of Children) Act, 2015. The Act does not provide guidelines specifically relating to questioning or interviewing of children as witnesses.
• The Act’s very preamble, however, says that a “child-friendly approach in the adjudication and disposal of matters in the best interest of children” must be adhered to.
• This means adhering to general guidelines pertaining to the juvenile justice system — for instance, for the police to not be in their uniform while dealing with children.
• It also requires that interviews of children be done by specialised units of police who are trained to sensitively deal with them.

How it will work?

• The Act prescribes that a Special Juvenile Police Unit is to be constituted by the state government in each district and city, headed by a police officer not below the rank of Deputy Superintendent of Police, and including two social workers, at least one of whom must be a woman, and both of whom should be experienced in the field of child welfare.
• 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.

POCSO Act:

• 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, ..............

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Prelims Questions:

Q1. With reference to the child witness, consider the following statements:
1. Under Section 118 of the Indian Evidence Act, 1872, there is no minimum age for a witness.
2. The Juvenile Justice (Care and Protection of Children) Act, 2015 has specific guidelines regarding interviewing children as witnesses.

Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

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Mains Questions:
Q1. How do the law in India and resolutions.....................................?

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