Record statements of children in fair manner without coercing them: HC

Madurai: Madras high court has directed the chief secretary to formulate suitable guidelines to all authorities dealing with children, including people responding to complaints received through Child Helpline 1098, members of child welfare committees (CWC), homes and police personnel. The court also directed them to record the statements of children in a fair and transparent manner without inducing, tutoring or coercing them to make allegations against any person, including family members.The court was hearing the bail petition filed by a man who was arrested by the Virudhunagar district police in a case registered for offences under the Pocso Act for allegedly sexually harassing his minor daughter.Justice K K Ramakrishnan observed that a reading of the said statement reveals that the victim, without any hesitation, categorically stated that there were frequent quarrels between her father and mother and that the father used to scold her for excessive usage of the cell phone. In order to subdue the quarrel between her parents, she contacted the child helpline. An officer who attended the call allegedly insisted that she should give a complaint as though her father had subjected her to bad touch. She also stated that she was confined in a shelter home for five days and was intimidated by the officials attached to the CWC and threatened that, unless she gave a complaint against her father, action would be taken against her. The statement prima facie discloses that the victim was subjected to pressure and coercion to make allegations against the petitioner.The judge observed that the court painfully notices an alarming trend in certain cases involving allegations against fathers, wherein some officials attached to the CWC, shelter homes or even police personnel appear to insist upon or induce the child victims to make allegations of sexual abuse against their fathers. Instead of addressing the family dispute in an appropriate manner, the victims are allegedly compelled to make accusations of sexual misconduct against their own family members.Such conduct amounts to a gross misuse and abuse of official power.The judge observed that the object of the Child Helpline mechanism is to protect children in distress and to provide immediate assistance, care and counselling. The mechanism cannot be permitted to be misused in a manner causing further mental trauma and ignominy to children by compelling them to make false allegations. The judge directed Virudhunagar district collector to pay compensation of 1 lakh to the girl for the trauma undergone by compelling her to make such allegations against her father. The judge also directed the inspector general of police, south zone, to conduct an inquiry and take suitable action against the officers of the Child Helpline and CWC who forced the girl to lodge the false complaint and submit a report before the court. The judge also granted bail to the petitioner on certain conditions.