‘Minors’ rape cases pending without trail’

Meghalaya high court justice TNK Singh speaking during the  State Level Workshop on POCSO Act & RTE held at Yojana Bhavan on Saturday
Meghalaya high court justice TNK Singh speaking during the State Level Workshop on POCSO Act & RTE held at Yojana Bhavan on Saturday

SHILLONG, FEB 28: Meghalaya State Commission for Protection of Child Rights (SCPCR) chairperson Mina Kharkongor informed that the cases of sexual assault and rape involving minors are kept pending for long without trials, thus causing not only physical but emotional and psychological pain to them and their families.

Speaking during the State Level Workshop on POCSO Act & RTE held at Yojana Bhavan on Saturday, Kharkongor said, “ The judicial process is very stressful for a child and as far as possible any stress a child may have as a result of the process should be minimized>’

The workshop was organized by Meghalaya State Commission for Protection of Child Rights (SCPCR), Meghalaya Shillong in collaboration with National Commission for Protection of Child Rights (NCPCR). Also present at the inaugural function were Meghalaya high court justice TNK Singh, who graced the occasion as chief guest, PW Ingty, Principal Secretary, Social Welfare Department, PK Srivastava, Principal Secretary, Education T Dkhar, Commissioner & Secretary, Social Welfare, Police personnel, officers of Social Welfare, Education department.

In his speech Singh enlightened the gathering about the guidelines and provisions of the Protection of Children from Sexual Offences (POCSO) Act. He also spoke about various articles of the Indian constitution which protects and safeguard the right of a child.

Singh explained that POSCO Act provides Protection of Children from Sexual assault, sexual harassment and pornography and safe guard the interest and well being of the child at every stage of the judicial process. The Act also boast of incorporating child-friendly procedures or reporting, recording of evidence, investigation of trial of offences and establishment of special court and speedy trial of such cases.

Singh also mentioned about the Right of Children to Free and Compulsory Education Act or Right to Education Act (RTE), which is an Act of the Parliament of India enacted on 4 August 2009, and describes the modalities of the importance of free and compulsory education for children between 6 and 14 in India under Article 21A of the Indian Constitution by which India became one of 135 countries to make education a fundamental right of every child when the act came into force on 1 April 2010.

While mentioning about the importance of the role of parents, Singh said that the greatest service of the parents is to provide education and take proper care of their children.

Earlier in her introductory speech, Mina Kharkongor said that as per the 2011 census, Meghalaya has 5, 55,822 children in the age group of 0-6 years, of which 2, 82,189 are boys and 2, 73,633 are girls. With the growing population of children, the SCPCR put its focused attention on the rising population of the children and to oversee the paramount mandate of the SCPCR to ensure that their rights are fully protected and help create an environment which is congenial for their proper development and all round growth, she added.

Expressing concern about the growing population of street children who are vulnerable and prone to anti-social behavior and drug abuse, Kharkongor felt the need for the government to undertake a census of the children that belong to the streets and who are shelter-less and to see that the children hooked into addictions should be given proper calibrated medical treatment and rehabilitation.

Stating that one serious and deplorable crime faced by minor girls is rape, Kharkongor said that it is high time the society do some serious reflections on what has gone wrong and urged the press fraternity to see that rape of children is not reported in the most vicious details. The SCPCR is encouraged to learn that the Meghalaya government through the home police department is commissioning a deep socio-economic study across the state of the issues that lie at the root of crimes against women and children so that remedial measures can be formulated to deal with the issues at hand.

Kharkongor also said that cases of sexual assault and rape involving minors are kept pending for long without trials, thus causing not only physical but emotional and psychological pain to them and their families. Throughout the justice process, child victims are exposed to hardship, and this can happen while reporting the crime and recounting what has happened while awaiting trial and while testifying in court.

The judicial process is very stressful for a child and as far as possible any stress a child may have as a result of the process should be minimized. The right to compensation must also be made available to them for material losses and damages incurred, received medical or psychosocial support. If the delivery of justice is carried out speedily and offenders are convicted, Kharkongor expressed optimism that this will be a deterrent to others and justice will also be delivered. Therefore, she urged upon all stakeholders to take first hand sincere efforts to deal with such cases in the most sensitive and quick manner.

Concerned about the issue of missing children, Kharkongor informed that helpdesks (1091) are functional at Shillong and Tura PCRs to help and assist women and children in distress to call the help of police and through police, for any other service that may be required by the women and children and urged the government to set up helplines in each district police headquarters. The Commission also urges upon the government and the various service providers of internet connectivity to improve its service so that the valuable internet portal of the Ministry of Home Affairs such as Track the Missing Child online and also the portal on human trafficking are made 100% operational in each district of the State.

To protect women and children from being trafficked into any form of slavery, bonded labour, sex-trafficking and even domestic servants, the state has notified 4 Anti Human Trafficking Units at Shillong, Tura, Jowai and Nongpoh. Out of these, two AHTUs at Shillong and Tura have been set up through the assistance of the Government of India while the 3rd AHTU is being set up at Jowai.

With regard to the RTE Act, 2009 which speaks of free and compulsory education for all children, Kharkongor said that this Act should be implemented in the right spirit to ensure that all our children, including differently abled children can avail the opportunity to go to school and mainstreaming them into regular schools.- By Our Reporter

 

 

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