To the Editor,Arecent judgment delivered at the Bombay High Court ruled that groping a minor in the absence
of skin-to-skin contact did not amount to sexual assault as per the Protection of Children
from Sexual Offences (POCSO) Act.[1] The honorable Supreme Court of India has stayed the judgment that could have otherwise
had far-reaching ramifications.[2] While the legal experts debate the merit of the judgment in terms of criminal
jurisprudence, there are more important psychological health ramifications of this
observation.In India, childhood sexual abuse is significantly underreported, with surveys suggesting that
every second child in India might have suffered abuse.[3] Despite the rise in child abuse and rape, the conviction rates under POCSO trial
remains low at <30%.[4] The POCSO law in its letter and spirit acts as a deterrent for sexual predators.
However, if this interpretation of the law became a precedent, one could imagine all future
trials under the POCSO Act to have a line of questioning pricking on the minor aspects of the
sexual offense, with a direct line of questioning asking for intimate details of the skin
contact between the child and the accused. Such questions can lead to reticence and shock in
traumatized children who may not have the cognitive maturity to appropriately comprehend and
respond to the details. The defense can misconstrue this to throw doubt on the veracity of the
complaint.Furthermore, trauma itself could lead to difficulties in recalling the specific details of
the incident, and repeated attempts at recall can lead to worsening traumatization and have a
deleterious impact on the child’s psychological health. Any child in an ideal world should not
be subjected to the traumatic ordeal of repeating every minor detail of the crime and to
intense directive questioning of the degree of skin contact to deliver justice and, more
importantly, punish and rehabilitate the sexual offender. Crime is a ubiquitous phenomenon
across the world, albeit to varying degrees. Childhood abuse in any form is likely to have a
devastating influence on the child’s development and future. Therefore, society’s collective
responsibility is to prevent abuse in any form and protect the child’s safety. The POCSO Act
has brought about a paradigm shift in the Indian legal system in deterring potential sexual
offenders. A dilution of the law’s interpretation, in favor of sexual perpetrator, may defeat
the greater purpose.
What Is the Role of Psychiatrists and Mental Health Professionals?
Mr Kofi Annan, UN’s former secretary-general, writes, “There is no trust more sacred than
the one the world holds with children. There is no duty more important than ensuring that
their rights are respected, that their welfare is protected, that their lives are free from
fear and want, and that they can grow up in peace.” Psychiatrists play a vital role in this
sacred duty to promote children’s safety and well-being. Psychiatrists play the dual role as
agents of advocacy and professionals who help the child overcome trauma suffered from a
sexual offense. The former is less highlighted and deserves more attention. There needs to
be a more proactive role of mental health organizations in promoting awareness about the
devastating impact of childhood trauma and promoting childhood safety. Mental health
professionals, including psychiatrists, psychologists, and psychiatric social workers,
should raise awareness among lawmakers and custodians of law about the effects of childhood
trauma. This awareness in children can start with basic education about good touch, bad
touch, and sole right over their body. Additionally, psychiatrists may serve in treating and
rehabilitating sexual offenders during and after their incarceration, especially in the
presence of psychopathy.
An Opinion
Similar to the requirement for psychiatrists to have specialized training to help children
in distress, legislators, police personnel, and members of the judiciary also may need to be
trained and sensitized about child and adolescent mental health. That may better enable them
to perform the “sacred” duty of protecting the safety of the Indian child. Although the
POCSO Act has provisions for training and sensitization, the effective implementation of the
same in healthcare workers, judiciary, police, legislators, and the general public remains
far below the minimum expectations. Mental health professionals are most suited to take up
this responsibility in liaison with the administrative and judicial agencies.