New Delhi, March 10 Rajya Sabha MP Ujjwal Deorao Nikam urged the government on Tuesday to consider providing limited administrative flexibility to courts handling cases under the POCSO Act, in order to address the psychological hesitation faced by some male child victims when giving evidence.
Raising the issue during Zero Hour, the nominated BJP member sought to draw the attention of the House to an "important aspect" concerning the implementation of the Protection of Children from Sexual Offences (POCSO) Act.
Nikam said that while working as a special public prosecutor in various courts in Maharashtra, he had observed that male victims feel deep hesitation and embarrassment when narrating extremely sensitive incidents before female presiding officers.
"This psychological inhibition can sometimes result in incomplete testimony or even witnesses turning hostile during trial. When that happens, the prosecution itself becomes weakened and the very objective, the justice for the child victim, is compromised," he said.
He further said that the intention here is not to question the competence or sensitivity of any judicial officer, but rather to recognize the psychological reality that some young boys "may find it easier to narrate" such traumatic experiences before a male presiding officer.
"Therefore, I humbly request the government to consider, in consultation with the highest judiciary, whether limited administrative flexibility can be provided, in appropriate cases, to assign a male presiding officer based on the recommendation of counselors from child welfare organizations," he said.
He further said that appropriate standard operating procedures (SOPs) and sensitive mechanisms may also be evolved so that the spirit of child-friendly justice under the Act is fully realized for every victim, irrespective of gender.