Safety of girl children and women

 The Union Cabinet’s approval to continuation of Fast Track Special Court (FTSCs) till 2026 is a laudable decision. Expeditious disposal of cases of heinous crimes against women and children is crucial for ensuring safety of these two most vulnerable sections of the society. Strengthening of the criminal justice system, right from police stations in which the cases are registered and investigated, forensic science to the courts, which pronounce the verdicts and sentences against the convicts, is must to ensure timely utilization of the fund allocated under the FTSC scheme. Exemplary punishment meted out to the criminals convicted in cases of crime against women and children acts as deterrent, but delay in disposal of cases has posed a hurdle in achieving the objectives behind the formation of the fast track courts. Total financial implication of extension of the scheme, which was launched in 2019, will be Rs 1952 crore, with Rs 1207 crore as central share to be provided under the Nirbhaya Fund and Rs 745 crore as State share. Enacted of the “The Criminal Law (Amendment) Act. 2018,” which provides for stringent punishment, including the death penalty for rape offenders, led to the creation of the Fast Track Special Courts (FTSCs), under the Centrally Sponsored Scheme, launched in 2019. Government says that frequency in number of such heinous incidents of rape of child and women and prolonged trials of offenders necessitated the establishment of a dedicated court system for expeditious trials and delivering prompt justice to the victims of such sexual offences. Official data shows that 30 States and Union Territories have implemented the scheme, which led to operationalization of 761 FTSCs, including 414 exclusive POCSO Courts under the Protection of Children from Sexual Offences Act, which have disposed over 1,95,000 cases. Pendency of these cases in regular courts would have allowed legal loopholes for large numbers of offenders to escape exemplary and proportionate punishment by the courts. Pendency of more than 1.5 lakh cases before the FTSCs reveals a worrying picture. States increasing allocation to facilitate establishment of more FTSCs is critical to achieving goals under the scheme and boosting confidence of people in the criminal justice system for quick delivery of justice. Apart from strengthening the criminal justice delivery system through strengthening of the FTSCs, preventing the crimes against women and children need collaborated efforts by the society. Safety of girl child and women while they are at home, in the school and in public places is the joint responsibility of the society and the government and cannot be reduced to be a responsibility and duty of the police department alone. Educating the girl child on good touch and bad touch plays crucial roles in empowering her to anticipate any intended act of sexual abuse on her and raise an alarm and take precaution to prevent the offender from advancing to assault under the falsehood of caring for her. The POCSO Act provides punishment for committing sexual harassment, which shall be with imprisonment of either description for a term, which may extend to three years, and shall also be liable to a fine. The Act was further amended in 2019 to introduce more stringent punishment, including death penalty, for committing sexual crimes on children, with a view to deter the perpetrators and prevent such crimes against children. Further, the POCSO Rules, 2020 were also notified by the Ministry to protect the children from exploitation/violence and sexual exploitation. POCSO Rules under Rule-3 provides that any institution housing children or coming in regular contact with children including schools, creches, sports academies or any other facility for children, must ensure a police verification and background check on periodic basis, of every staff, teaching or non-teaching, regular or contractual, or any other person being an employee of such Institution coming in contact with the child. Such Institution shall also ensure that periodic training is organized for sensitizing them on child safety and protection, the government informed the Parliament. Citizens extending cooperation for the implementation of the Act by promptly reporting sexual crimes committed against the girl child and women. Psychological Counselling of the Victims is equally important for helping the Victims overcome the Trauma. However, often victims in remote places, where such a support system is absent, continue to be haunted by trauma throughout their life, which needs to be addressed on priority basis. Awareness Drive has led to increase in reporting of crimes, but it is also reflective of rising pendency of cases before the FTSCs and delayed justice. A whole-of-government approach to implement the initiatives of the Ministry of Women and Girl Child and National Commission for Protection of Child Rights to prevent crime against women and children need strong support from the Society. Without adequate cooperation from the society, the safety of women and children and justice delivery will always remain a far cry.