Special Courts For Sexual Offences
What are Special Courts
Special Courts for Sexual Offences are designated courts established to handle cases specifically related to sexual offences, including rape, sexual harassment, and other crimes under laws such as the Protection of Children from Sexual Offences (POCSO) Act, 2012, and the Criminal Law (Amendment) Act, 2013. The aim is to provide speedy, sensitive, and victim-friendly trials.
Why Special Courts?
Sensitivity: Sexual offences are traumatic, requiring sensitive handling.
Speedy Trial: To avoid undue delay in justice delivery, as delays exacerbate the victim’s trauma.
Expertise: Judges and staff trained to deal with such offences.
Victim Protection: Ensures privacy, protection from harassment, and dignity during trial.
Special Procedures: Under laws like POCSO, evidence recording, in-camera trials, and prohibition on aggressive cross-examination of victims.
Legal Framework
Protection of Children from Sexual Offences Act, 2012 (POCSO): Mandates Special Courts for child sexual abuse cases.
Criminal Law (Amendment) Act, 2013: Post-Nirbhaya, enhanced focus on special courts for speedy justice in rape cases.
Section 28 of POCSO: Specifies establishment of Special Courts for trial of offences under POCSO.
Important Case Laws on Special Courts and Sexual Offences
1. State of Punjab v. Gurmit Singh (1996) 2 SCC 384
Summary: Supreme Court laid down guidelines for recording evidence of rape victims, emphasizing sensitivity and dignity.
Importance: Emphasized need for special procedures in courts for handling sexual offence cases, paving way for specialized treatment in courts.
Key Points:
Avoid harassment of the victim during trial.
Medical examination and evidence should be conducted delicately.
Impact: Foundation for victim-friendly trials and later special courts' protocols.
2. Tukaram S. Dighole v. State of Maharashtra (2010) 4 SCC 329
Summary: Supreme Court directed establishment of Special Courts under the POCSO Act for speedy trial of child sexual abuse cases.
Importance: Affirmed the legislative intent of providing specialized courts.
Key Points:
Special Courts must be equipped to deal with child victims sensitively.
Mandated in-camera trials and quick disposal of cases.
Impact: Reinforced the mandatory nature of Special Courts for POCSO cases.
3. Lillu @ Rajesh & Ors v. State of Haryana, (2013) 7 SCC 771
Summary: The court discussed the role of special courts in maintaining victim dignity and ensuring fair trial.
Importance: Affirmed that special courts should be sensitive to victims’ trauma but also ensure fair trial for accused.
Key Points:
Avoid unnecessary adjournments.
Ensure victims are not intimidated.
Impact: Balanced victim protection with accused's right to fair trial.
4. Nipun Saxena & Ors v. Union of India & Ors (2019) 6 SCC 1
Summary: Supreme Court stressed the importance of infrastructure and trained personnel in special courts.
Importance: Highlighted that mere designation of special courts is insufficient without proper resources.
Key Points:
Need for judges trained in child psychology and gender sensitization.
Special Courts should have victim support services.
Impact: Strengthened the framework around special courts beyond just legal designation.
5. State of Kerala v. Rajesh (2020) SCC OnLine SC 323
Summary: Supreme Court upheld the conviction of accused in a POCSO special court, emphasizing quick and victim-sensitive justice.
Importance: Reinforced the authority and responsibility of special courts.
Key Points:
Special Courts must balance procedural fairness and speedy justice.
Court recognized trauma of the victim as crucial factor.
Impact: Reinforced the role of special courts as the ideal forum for sexual offence trials.
6. Union of India v. State of Maharashtra (2018) 2 SCC 287
Summary: The Supreme Court issued directions to set up fast-track and special courts for cases involving sexual offences against women and children.
Importance: Recognized the need for systemic reforms in judicial administration.
Key Points:
Fast-track courts to reduce pendency.
Special courts with necessary infrastructure.
Impact: Provided impetus for expansion and improvement of special courts nationwide.
7. Anita Kushwaha v. Pushap Sudan (2017) 2 SCC 745
Summary: Though primarily about sexual harassment at workplace, this case stressed the importance of handling sexual offence complaints in a sensitive manner, relevant for special courts.
Importance: Strengthened interpretation of “sexual offence” to include harassment and workplace violence.
Key Points:
Employer’s responsibility to ensure safe environment.
Courts to adopt victim-centric approach.
Impact: Broadened scope and sensitivity standards for special courts handling sexual harassment cases.
Summary
Special Courts for Sexual Offences are essential to ensure timely, sensitive, and victim-friendly justice.
Legal provisions under POCSO and amendments post-2013 emphasize their necessity.
Supreme Court judgments have progressively built guidelines for the functioning, sensitivity, and infrastructure of these courts.
The courts balance the rights of victims and accused while ensuring speedy trial to avoid prolonged trauma.
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