Child Victims’ Interactions with Criminal Justice: An Observational Study in West Bengal

Abstract

Crime occurrence has a serious impact on its victims; the toll is even greater when it concerns children. They have to undergo severe physical, psychological and emotional trauma in the aftermath of a crime. When children interact with the criminal justice system, they are put through the gruelling processes of the police investigation, recording statements, medical examination, appearance in courts, cross-examination and so on. Each component has its own impact on the children, with studies suggesting that participation of children in the ‘adult’ criminal justice process can be confusing, distressing and even re-traumatizing. With international efforts to put victims as salient to the criminal justice discourse, things have changed. Recognizing the ineptness of the adult processes in their application towards justice to child victims, States have modified the complexities and attempted to establish a parallel system of justice dispensation that is more ‘child-friendly’. India, on its part, has passed the Protection of Children from Sexual Offences Act, 2012, to redefine the processes in its application to children, especially in matters of child sexual abuse. Thus, special courts are set up, incorporating special measures to ensure the privacy, confidentiality and comfort of the child victims who appear before them. Based on an observational study of ‘special’ and ‘designated’ courts in the State of West Bengal, the present article indicates that Protection of Children from Sexual Offences Act (POCSO Act) directives are still not in place. The insufficient number of fast-track courts, unavailability of dedicated personnel, infrastructural inadequacies and inappropriate processes still mar the justice system. The article forwards suggestions that are imperative to improve the overall experience of child victims.