NHRC issues guidelines for child rape cases

The National Human Rights Commission NHRC has come up with guidelines for speedy disposal of child rape cases.

The National Human Rights Commission NHRC has come up with guidelines for speedy disposal of child rape cases. The Commission prepared the draft guidelines after receiving comments and suggestions from Home Secretaries and DGPs of all the states and the union territories.

It has been recommended that complaints relating to child rape cases should be recorded promptly and it can be filed by the victim or an eyewitness or anyone, including a representative of a non-governmental organisation, who has received information about the offence. The guidelines also say these cases should be investigated preferably by a lady police officer. The recording of statement should be verbatim and it can be done at the residence of the victim. The reporting officer must ensure that the child victim is made comfortable before proceeding to record the complaint as it would help in ensuring accurate narration of the incident covering all relevant aspects of the case.

Regarding medical examination of the victims, the recommendations say that the investigation officer shall ensure that medical examination of victims of sexual assault and the accused be done preferably within 24 hours. The gynaecologist, while examining the victim, should ensure recording the history of the incident. The investigation officer shall secure the clothes of the victim as well as that of the accused, if arrested, and send them within 10 days for forensic analysis to find out whether there are traces of semen and also obtain report about the matching of blood group and if possible DNA profiling.

The guidelines further recommends that the investigation of the case shall be taken up by an officer not below the rank of a sub-inspector and investigation shall invariably be completed within three months of registration of the case. It also says that the identity of the victim and the family shall be kept secret and they must be ensured protection.

The NHRC recommendations call for in camera trial by fast track courts and preferably presided over by a lady judge. Saying that magistrates should commit the case for trial within 15 days from registration of complaint, it also recommended that wherever possible, the recordings be done by video conferencing in a conducive manner so that the victim is not subjected to close proximity of the accused.