The state government of Maharashtra has taken a significant step in addressing child sex abuse cases by introducing new guidelines for managing such cases in government-run hospitals and colleges. This decision comes in the wake of a recent sex abuse incident at a school in Badlapur, which prompted the Bombay High Court to take suo motu cognisance on Tuesday, September 3.
Revised Guidelines for Managing Child Abuse Cases:
The government has reinforced its guidelines for the medical examination of child victims in the wake of such incidents. Medical colleges and hospitals have been reminded of Section 27 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, which addresses the medical evaluation of victimised children. The revised guidelines include the following key points:
1. Compliance with Section 164A of the CrPC, 1973: The medical examination of child abuse victims must adhere to the guidelines outlined in this section, which details the procedures for the medical examination of women in cases of rape.
2. Focus on Emergency Medical Treatment and Privacy: There should be a focus on providing emergency medical treatment to the victims while ensuring their privacy is maintained throughout the process.
3. No Legal Requisition Required: Medical care, including treatment, consultation, and forensic evidence collection, can be provided without the need for a legal or magistratial requisition.
4. Female Doctor Mandated for Girl Victims: A female doctor is mandated to conduct the medical examination of girl victims to ensure their comfort and privacy.
5. Prioritising the Child’s Well-being: The well-being of the child should be prioritised without bureaucratic delays to ensure timely and effective care.
The Bombay High Court’s Emphasis on Creating a Safe Environment for Girls:
During the hearing, the Bombay High Court emphasized the importance of creating a safe environment for girls and raising awareness among men to protect them as they grow up in society. In response to this, the court appointed a committee led by retired Bombay High Court Justices Sadhana Jadhav and Shalini Phansalkar Joshi to propose measures for the implementation of the POCSO Act within educational institutions.
The committee also includes Meeran Borwankar, a former Indian Police Service officer, and a former school principal, along with a retired principal with experience in rural education. The court further directed the state to include members of the Child Welfare Committee (CWC) in this panel to ensure a comprehensive and effective approach to addressing child sex abuse cases in educational settings.
Commitment to Implementing Recommendations:
Advocate General Birendra Saraf, representing the State of Maharashtra, assured the court that all recommendations put forth by the committee would be implemented promptly and effectively. The court has scheduled the next hearing for October 1 to review the progress and further actions taken in response to the committee’s proposals.
Subheadings:
The Importance of Updated Guidelines in Child Abuse Cases
The Role of the Bombay High Court in Addressing Child Sex Abuse
Committee Recommendations for Implementing the POCSO Act within Educational Institutions
In conclusion, the new guidelines introduced by the state government of Maharashtra represent a significant step towards addressing child sex abuse cases in a more effective and comprehensive manner. The commitment to implementing these guidelines and the proactive approach taken by the Bombay High Court highlight the importance of protecting and safeguarding the well-being of children in educational settings. By prioritising the needs of child victims and ensuring timely and appropriate medical care, Maharashtra is taking a crucial step towards creating a safer environment for children across the state.
