Set up 'child friendly' courts: Bombay High Court to Maharashtra Government

If things work out well, Mumbai will soon follow Delhi's foot step and set up a 'child friendly court'. These special courts will facilitate minor victims of sexual assault/ abuse cases and dispose it in a stress-free atmosphere.

The bench has asked these courts to be set up on a priority basis.

A division bench of Justice Naresh Patil and Justice GS Kulkarni, while directing the state to set up such a court room at the earliest, said: "Child friendly courts let us understand the words in proper spirit. Though courts are never friendly to anyone, we can at least work on creating an atmosphere which is conducive for minor victims."

Advocate General Ashutosh Kumbhakoni assured the court that steps would be taken to work on this, and by the next date of hearing he would submit a report about the concept of the model court.

The bench was hearing a suo motu petition following the directions of the Supreme Court to all high courts to consider, among other things, establishing "child-friendly" courts and vulnerable witness courts in each district. In February this year, the SC passed a slew of directions for the chief justices of all HCs across the country related to a clutch of laws. The court asked Kumbhakoni to take assistance from all stake holders, like social activists, NGOs, and experts in the field of juvenile justice and to study the court room in Delhi to design similar court rooms in Mumbai.

The judges also asked the government to consider issuing a circular to all police stations, apprising the officers about the various laws relating to rights of a rape/ assault victim who has conceived. These circulars will contain information on laws and organisations such as the child welfare committee, which will help victims terminate unwanted pregnancy. "The purpose of the 20-week cap is to ensure that police officers educate the victims of their rights in time," the bench said. The court has now posted the matter for hearing in June.

The mechanism:

Child friendly court rooms could be a separate room attached to the main court room, where children can wait with their parents/ guardian, till their case up for hearing.