LHC orders federal govt to review steps taken to implement anti-rape law

LAHORE: The Lahore High Court observed that child sexual abuse is a deeply traumatic and sensitive issue that demands to handle these cases with exceptional care and consideration for the unique needs and vulnerabilities of child victims.

The court directed the federal government to review the steps taken to implement the Anti Rape Act immediately and ensure that the requisite systems are in place within 60 days.

The court regrettably said that some provisions of the Act have not been implemented, even after the lapse of two years and hence the Act’s intended goals have not been realised.

The court passed these directions in response to a petition of one Amdadullah who challenged the decision of a lower court which sentenced him to rigorous imprisonment for 14 years with a fine of rupees one million in child abuse case.

The court while dismissing the appeal held that the prosecution has established the charge against the appellant beyond any shadow of doubt.

The court held that the lower courts are obligated to adhere to provisions of the Anti Rape Act and should ensure that every child is treated with respect, dignity, and sensitivity throughout the legal process.

The court, therefore, directed the judges of the lower courts to exercise extreme caution when writing judgments and should identify the victims using acronyms rather than full names.

The court said the Anti-Rape (Investigation and Trial) Act 2021 contains comprehensive provisions to address child victims’ distinctive requirements and susceptibilities.

The child’s identity is protected and confidentiality is maintained to reduce potential stigma and harm to him.

The examination of child witnesses is conducted in a manner that is sensitive to their age, maturity, and capacity to understand and it should be designed to elicit their testimony in a child-friendly and supportive manner, the court added.

The court also held that cross-examination is a fundamental component of the legal process. Hence the judges should balance the child’s rights and their need for protection with the accused’s right to a fair trial.

They may intervene to prevent aggressive or inappropriate questioning during cross-examination.

The court observed that when a child engages with the judicial system, the response should be supportive, collaborative, and aligned with a child right-driven approach.

Courts must acknowledge that children may respond to the trauma of abuse in diverse ways, which may include confusion, fear, or emotional distress, the court added.

This approach helps to reduce the potential emotional impact on the child while maintaining the integrity of the legal process, the court added.

The court said Section 12 of the Anti Rape Act mandates that the trial of the scheduled offences must be conducted in-camera. However, in his discretion or upon application of either party, the judge may allow specific persons to observe the court proceedings.

The court also observed that notwithstanding any other law for the time being in force, the judge may take suitable measures, such as conducting the trial through video-link or utilizing screens, to ensure the protection of the victims and witnesses.

The special courts must allow this provision in letter and spirit and should also hear bail applications in-camera in cases involving the scheduled offences.

The court, therefore, directed the registrar to circulate copies of this judgment to all the District and Sessions Judges in the Punjab to ensure compliance with the court directives.

Copyright Business Recorder, 2024