The Madras High Court has expressed concern that many in society fail to grasp the severe psychological stress children undergo when they are subjected to sexual harassment.
The observation came while hearing a petition filed by Ramesh, accused in a POCSO case registered by the Gingee All Women Police Station in Villupuram district. The case relates to an allegation that a 10-year-old girl was sexually harassed when she went to graze goats, and the trial is pending before the Villupuram POCSO Special Court.
After the child had already deposed, the accused sought to have her produced again for cross-examination. The Villupuram court dismissed that request, following which the accused moved the High Court.
Justice D. Bharatha Chakravarthy upheld the lower court’s order, noting that the POCSO law is meant to protect children and must be implemented in a way that does not subject victims to renewed mental distress. The court said children cannot be repeatedly compelled to come to court and recount their ordeal, and that “fair trial” cannot be used to override a child’s rights; the petition was therefore dismissed.
