Rehabilitation & a Failing Judicial System

While the criminal justice system in India is complex and prosecution is often long-drawn, to ensure speedy trials of cases of child sexual abuse, the POCSOA mandates a Court of Session to be designated as a Special Court to try offenses under the Act. These Special Courts are required to complete the trial within one year. The purpose of creating such special provisions for children is to ensure that the child is not re-traumatized by recalling the details of the incident and instead focus on processing the traumatic incident and moving forward in their life. If such provisions are not implemented on the ground, the end-goal of the child’s rehabilitation is jeopardized. In this document, we attempt to highlight one such case where the delay in prosecution adversely affected the child’s rehabilitation. It also documents the challenges and difficulties the child faced in other aspects of her life post the traumatic incident. Read more