Child Friendly Courts (makkala snehi nyayalaya)

A new age court room for child-victims (balipashu) was inaugurated (udhgatisu) for child-
victims in Bengaluru on August 7th, 2017. The court was setup at the initiation of the
Karnataka High Court (uchha nyalaya) with financial support (aarthika neravu) from the
ministry of women and child development (mahila mattu makkala kalyana ilakhe) under
Integrated Child Protection Scheme (samyojitha makkala suraksha yojane) in accordance
with provisions of the POCSO Act (POCSO kayde), 2013.

The key feature of the specially designed court is the two halls, separated by one-way glass
shield that would insulate the victim-child from seeing the accused. The glass separator
prevents the child from getting frightened or being influenced by the accused who will be
standing on the other side of the shield. This court is located on the premises of the City Civil
Court in Bangalore. The Protection of Children from Sexual Offences Act, 2013 mandates
that during trial, the authorities must uphold the rights (hakku) and dignities (ghanate) of
children, while ensuring a speedy trial (vegada prayoga) and procedural compliance
(vidhanada anusarane) in a child sensitive (sookshma) and non threatening (bhayarahita)
ambiance.

The video conference(sammelana) facility provided between the court hall and the waiting
room would become useful if the child doesn’t want to depose before the court or if the
family of the child wants to witness the proceedings from the waiting room. There is also an
exclusive elevator provided for the convenience of judges and victims. The special court is
also equipped with toys and books for the children.

Procedure for reporting cases

As per section 19 of the POCSO Act, 2013, any person (including the child) who has
apprehension that an offence is likely to have been committed under the Act should provide
information regarding the same to the Special Juvenile Police (vishesha balaparadhi police)
or the Local Police. The Special Juvenile Police or local police should report the matter to the
Child Welfare Committee (makkala hitarakshana samiti) and the Special Court within a
period of 24 hours.

Procedure of Special Courts

As per section 33 of the POCSO Act, 2013, the special court has the power to take
cognizance of an offence upon a receiving a complaint or police report regarding the facts
which constitute the offence. The special court has to ensure that a child friendly atmosphere
(makkala snehi vatavarana) is created in the court by allowing family members, relatives or a
guardian to be present in the court. The court must permit frequent breaks for the child during
the trial. Further, the court should ensure that identity (gurutu) of the child is not disclosed
under any circumstances. The child should not be called to repeatedly testify before the court
and should not permit character assassination (patra hatye) or aggressive (aakramanakari)
questioning of the child.