Chennai: A 23-year-old rape victim, S Devi (name changed) is mentally unstable. Although clinical psychologists declared her mental age to be four, advocates are finding it tough to bring her case under Prevention of Children from Sexual Offences (POCSO) Act, as she is not a minor by age.
The accused, who is a 25-year-old neighbour of Devi and who had raped her two years ago, is out on bail. But Devi, who barely understands the trauma that happened to her, stays in a hostel fearing social rejection. Her aunt, who is the only guardian of Devi, hesitates to bring the girl home during vacation, fearing a repeat of such a tragic incident.
In an uncertain tone, the aunt said: “Her parents are no more. The incident happened on the terrace of my residence when I was taking a bath. That’s why I am not able to bring her here. While we suffer for no mistake of ours, the accused is out enjoying the freedom.”
A rape case under IPC 376 was slapped on the offender and the trial is pending before the Mahila Court, Chennai. Pocso Act protects children (below 18 years) from offences of sexual assault, sexual harassment and pornography. The loopholes in the law come to the advantage of the offenders who obtain bail and drag the case at their convenience.
The public prosecutor, V.Kannadasan told Deccan Chronicle that Devi’s case is a fit one for ascertaining the medical age. “We had produced the medical certificate. But, the court said that they would rely on the law and that there are no provisions of considering mental age in Pocso Act,” said Kannadasan, adding that the mental disability Act is not taken into the consideration in such cases.
As a similar case is pending before the Supreme Court, the public prosecutor said he did not file an appeal before the Madras High Court. “A rape case of a 35-year-old woman with the mental age of six is pending before the Supreme Court,” he noted.
There are multiple setbacks in not including such cases in Pocso Act. The advocates can push for a speedy trial in the case of Pocso Act, which mandates the completion of the trial within one year from the date of cognisance of the offence.
Explaining the problems faced by the victims, Sherin Bosko, a child rights Activist said: “Inclusion of Pocso Act would help the child in a better and sensitised deposition (statement). Under the Act, the victim need not have to encounter the accused.”
Devi’s case enables for necessary amendments in the Pocso Act, considering the rights of people with mental disorders.
While Devi’s aunt and the advocates are in the doldrums over the delay in the legal proceedings, the girl who goes mute at the mention of the incident, is silently waiting for the aunt to take her home for the vacation.
