Renowned anti-trafficking expert Dr Pravin Patkar has asked why information on the abuse was not furnished to legal authorities under Protection of Children from Sexual Offences Act, 2012 (POCSOA) as is mandatory.
The seven-member team of the ‘Koshish Project,’ Tata Institute of Social Sciences (TISS), who blew the lid off the rampant child sexual abuse in Bihar's childcare institutions have come under scrutiny themselves not reporting information gleaned in the study.
Renowned anti-trafficking expert Dr Pravin Patkar (with several decades of experience working with children in abusive situations) has asked why information on the abuse was not furnished to legal authorities under Protection of Children from Sexual Offences Act, 2012 (POCSOA) as is mandatory. He pointed out: “Chapter V, Sec 19 of POCSOA makes it clear that - any person (including the child), who has apprehension that an offence under this Act is likely to be committed or has knowledge that such an offence has been committed, shall provide such information to, the Special Juvenile Police Unit, or the local police,” and underlined how “this mandate is regardless of the CrPC. Responsibility for mandatory reporting has no exceptions of ‘professional communication’ between a priest, lawyer, and a psychiatrists/psychotherapist and their clients.”
He further pointed out the punishment POCSOA prescribes for failure to report/record a case. “Failing to report such an offence attracts a imprisonment of six months or a fine or both. Any in-charge of a company/institution failing to report the commission of an offence in respect of a subordinate under his control shall be punished with imprisonment for a term which may extend to a year with fine.”
Dr Patkar explained how this provision has been made for extremely authoritarian set-ups like a family or a Children’s Home where the children are dependent upon and under the control of the persons in authority and the crime can go unnoticed/unreported and the child could get silenced/continue to be sexually abused. “Such children require urgent medical and psychiatric intervention. That's the spirit behind the provision of mandatory reporting in POCSOA. Section 19(5) places the responsibility on the police to - make immediate arrangement to give her/him such care and protection and report this to the Child Welfare Committee within 24 hours of the report.”
Mohammed Tarique Qureishi who headed the TISS study defended his team and study calling this “shooting the messenger.” He asked: “Why single us out when others too have not reported?” According to him specifics of abuse could only be established by investigating agencies. “Those criticising us aren't appreciative of the risks we took. The National Commission for Protection of Child Rights was also aware of the abuse in these institutions just like the NGOs who run them. There are several instances of abuse even in the Dongri Children's Home, Mumbai where the Juvenile Justice Board sits which they are aware of. Have they reported? Why are those raising an issue about us quiet about this?”
Dr Patkar called such defence “lame and unacceptable.” According to him, TISS has a much higher technical and ethical responsibility to know its responsibilities under the law and to follow it when funded, entrusted with research and training responsibilities as the expert. “There are legitimate means of sorting out one’s differences with the law. Not following the law is not one of them.” He called the Tarique's claims that the researchers were unaware of the specifics of the abuse counterproductive. “This discredits the report itself and strengthens the defence of those authorities accused of mismanagement and abetting of abuse.”
Insisting how a criminal investigation is not the only or most important purpose of mandatory reporting Dr Patkar said: “This is to ensure the child subjected to such offences gets removed from that situation and is given protection, care and support including immediate medical help and counselling. By not reporting one keeps the child in the same situation without any help. This is unacceptable when the research reports by a high profile institution like TISS are taken as scientific and rigorously verified facts and enjoy considerable uncritical acceptance.”
According to him, claims of scientific rigour worsens TISS' culpability as it is not ‘just an uncritically recorded hearsay’ but an observation that has been sufficiently verified and hence reached a higher level to belong to the category of “knowledge” or even higher “reasonable belief.” He said: “If TISS defends itself by abandoning the claim on “reasonable belief” to its observations and conclusions, the very credibility of this and many other so-called scientific research reports becomes questionable.”
TISS acting director Dr Shalini Bharat said she would not like to comment. “I have to get in touch with the research team and find out what they had in mind. Before that I can't react,” she told DNA
Problems within POCSOA?
While admitting how as a practical approach every mandatory reporting should not drag the child and his primary support systems to a police station and court even while urgently reaching out to the child and extending protection, care and support, Dr Patkar said: “There is a need for change in the law to introduce a mechanism of multidisciplinary professional team that comes into the picture immediately after mandatory reporting, to examine the incident and decide propriety of criminal investigation with due respect to best interest and rights of the child and make that binding on the police.”
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