Lack of Professionalism Is Writ Large In Investigations In POCSO Cases: Kerala HC To Issue Guidelines [Read Order]

Lack of professionalism is writ large in the investigations in POCSO cases, the Kerala High Court observed on Wednesday.

Justice PB Suresh Kumar, while considering a criminal appeal, said that he would issue some general guidelines in relation to investigation and Trial of POCSO cases. The Court issued notice to State Public Prosecutor and also the Kerala State Legal services Authority while posting the case to 25th August.

The Court said that it is concerned about the quality of the justice delivery in this field.

The court made these observations after it noted that the guidelines formulated by the state as early as in April 2015 are not available in public domain. The court said that POCSO cases are being investigated by police officers who are not informed or trained to deal with children and their family members in a child sensitive manner.

"Lack of professionalism is writ large in the investigations. Fundamental flaws such as, not collecting legal evidence to prove the age of the victim for want of awarenes as to relevance of such evidence have come to notice of this court not in one, but in several cases."

The court said that though guidelines mandate it, evidence are not collected to establish the sexual abuse through behavioral indicators, or to explain the trauma induced 'counterintutive behaviour' of the victim. The Judge also said that no mechanism is being adopted by investigating agency to cross check veracity of statements including subjecting the children to psychological/psychiatric consultations. The court added that, despite the Guideline that a lawyer should be provided for the child, no lawyer is seen engaged by the child in any proceedings under POCSO Act. 

Click here to Read/Download Order

Read Order