The men who allegedly raped a 12-year-old in Tamil Nadu's Coimbatore
The Prevention of Children from Sexual Offences Act or POCSO, introduced in 2012, has re-defined the laws on sexual offences against children to bring more perpetrators to book. But three years after the Act came into effect; the law seems to be faltering on the ground in Tamil Nadu.
Last week, a sub inspector in Tamil Nadu's Krishnagiri district was suspended after he refused to file a First Information Report or FIR in the alleged gang rape of a hearing and speech impaired minor girl. The girl's father had to fight for a week just to get the case registered and by then, crucial medical evidence was lost. The Madras High Court has now ordered a fresh medical examination.
U Vasuki, Secretary of the All India Democratic Women's Association, says, "The girl was bleeding profusely and she had injuries on her thighs. Anybody who can see the nature of the injury could safely come to the conclusion that she was sexually assaulted. All the rules of the POCSO Act were violated."
Last month, a 12-year-old girl from Coimbatore was allegedly raped by her father and three of their neighbours. The girl alerted a teacher about the alleged incident, who informed the police. But the local police reportedly picked holes in her statement and delayed filing the FIR.
Although the new law expanded the definition of rape to cover various forms of sexual assaults, investigators reportedly still take many such complaints lightly, citing lack of medical evidence. Experts point out that not all forms of sexual offences leave a physical trace and it is important that police look beyond circumstantial evidence to nail the perpetrators.
Vidya Reddy, director of the Tulir Centre for Prevention and Healing Child Sexual Abuse, says, "When we rely only on medical evidence, we are straightaway assuming that sexual assault is only penetrative. Police, media and even the judiciary and the child welfare committee members, all have to be educated (on the various forms of sexual assault)."
While senior officers of Tamil Nadu police refused to comment on record, they said they were organising regular programmes for investigators to train them in understanding and investigating different forms of sexual offences against children.