Witness box in POCSO courts for minor victims worse than dog kennel; traumatic for children: Kerala High Court

The Kerala High Court on Monday raised some pertinent concerns regarding the conditions under which minor victims of sexual offences offer their deposition in courts that try cases under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). .Single-judge Justice Sophy Thomas was considering a list of regular bail applications, several of which had been moved by persons accused under the POCSO Act. When the counsel before the Court used the deposition of the respective minor victims to bolster their claim for bail, Justice Thomas remarked that the conditions under which the children testify are scary for them. "In POCSO courts, there is a box in which children are to be deposed. It is meant for the victim and it is just like a kennel. Children will be scared just to enter it. Asking children to go into that cage could itself be very traumatising", Justice Thomas explained.She recalled that once when she was at a POCSO court, she told the court staff to put the accused in the witness box and allow the kids to be outside. The judge further remarked that the witness boxes are so restrictive that it doesn't even let in any light like dog kennels do."Only their faces are visible. Even dog kennels have bars which let light in. Here the children are put into a closed box from which only their face is visible so that the accused cannot see them," Justice Thomas remarked. .Interestingly, just last year, Kerala got its first child-friendly POCSO court in the Ernakulam District Court complex. The court has many features such as play areas and separate toilets and dining facilities to provide a more informal setting for child survivors to comfortably and safely give evidence..Similar measures had already been implemented in Goa, Delhi, Telengana, and Karnataka.The Goa facility features welcoming rooms without witness boxes. Child witnesses are engaged in activities such as colouring to encourage testimony.The Hyderabad facility allows the child to have direct interaction with the judge in an area separate from the accused. The accused is allowed to view and hear proceedings through a two-way video conferencing system. This also allows the child to identify the accused without physical interface. The judge and other personnel are required to be in plain clothes. The court also features a waiting area that is child-friendly, complete with toys and colourful furniture.Kerala took its first step towards more child friendly court environments in April 2018 by opening a child-friendly witness room at the POCSO court in Ernakulam district