POCSO: Flexibility for Male Victims Sought

New Delhi, Mar 10 (PTI) Rajya Sabha MP Ujjwal Deorao Nikam on Tuesday urged the government to consider limited administrative flexibility in courts dealing with cases under the POCSO Act to address the psychological hesitation faced by some male child victims while giving evidence.

Raising the matter during Zero Hour, the nominated BJP member sought to draw the attention of the House to an "important aspect" concerning the implementation of the Protection of Children from Sexual Offences (POCSO) Act.

Nikam said that while working as a special public prosecutor in various courts in Maharashtra, he had observed that male victims feel deep hesitation and embarrassment while narrating extremely sensitive incidents before female presiding officers.


"This psychological inhibition, sometimes results in incomplete testimony or even witnesses turning hostile during trial. When that happens, the prosecution itself becomes weakened and the very objective, the justice for the child victim, is compromised," he said.

He further said that the intention here is not to question the competence or sensitivity of any judicial officer, but to rather recognise the psychological reality that some young boys "may find it easier to narrate" such traumatic experience before a male presiding officer.

"Therefore, I humbly request the government to consider, in consultation with the highest judiciary, whether limited administrative flexibility can be provided, in appropriate cases, to assign male presiding officer based on the recommendation of counsellors of child welfare professional," he said.

He further said an appropriate standard operating procedures (SOPs) and sensitive mechanisms may also be evolved so that the spirit of child-friendly justice under the Act is fully realised for every victim, irrespective of the gender.