Trauma of Sexual Violence Victims Cannot Be Minimized: Delhi HC Criticizes Trial Court’s Insensitive Conduct

In a stern reminder of the duty of special courts to handle survivors of sexual violence with empathy, the Delhi High Court has expressed "appalling" concerns over the conduct of a trial court presiding over a POCSO case. The High Court, led by Justice Girish Kathpalia, underscored that trial courts must prioritize sensitivity, noting that victims of sexual violence cannot be treated as "hardened criminals" when seeking medical exemptions from court proceedings.

The Quest for Bail Meets Judicial Reality

The matter originated from two bail applications filed by individuals accused of grave offenses under the BNS and the POCSO Act (FIR No. 320/2024). The prosecution alleged that a minor prosecutrix was intoxicated and subsequently subjected to sexual assault. As the legal proceedings unfolded, the prosecution requested that the bail hearing be deferred until the prosecutrix could record her testimony, citing concerns that the accused, who reside in the same vicinity, might intimidate the survivor.

The defense counsel objected, arguing that the prosecutrix was deliberately delaying the trial. This led to a contentious atmosphere in the trial court, which scrutinized the survivor’s absence without considering the psychological toll of her ordeal.

Behind the Procedural Hurdle: A Lack of Understanding

The conflict reached its peak between March 18 and March 19, 2025. Upon the prosecutrix’s inability to attend the court proceedings due to fever and loose motions—symptoms the High Court noted are consistent with the "agony and nervousness" experienced by young trauma survivors—the trial court demanded medical verification.

The trial court directed the Investigating Officer (IO) to verify the survivor's medical condition, a move that the High Court described as an inappropriate exercise of judicial discretion on the threshold of a first-time absence. Furthermore, the High Court took grave exception to the fact that a male constable was reportedly sent to the victim's residence to verify this status, despite the court’s directives only mentioning an IO or SHO.

Courts Must Recognize the Trauma of Survivors

Justice Kathpalia’s order serves as a corrective lesson for lower courts, emphasizing that the trauma of sexual violence is not merely a legal fact to be documented, but a reality that necessitates judicial compassion:

> "One has to be conscious of the intersectionality of a girl child who has undergone trauma of sexual violence. Such a victim, on being summoned by court to depose and virtually relive the trauma, is bound to get jitters and consequences like loose motions and fever... Exemption requests of victims of sexual violence cannot be treated at par with such requests of hardened criminals."

The Court further clarified that even when trial courts are under pressure to expedite proceedings for the benefit of incarcerated accused, this goal must not be achieved at the expense of the victim's psychological well-being.

> "Sensitivity while dealing with children who are victims of sexual violence is the most important facet of such specially constituted courts."

A Call for Accountability

The High Court has initiated a thorough assessment of the procedural lapses. Expressing "appalling" dismay that neither the IO nor the SHO concerned appeared during the latest hearing, Justice Kathpalia has mandated that the concerned ACP submit a detailed report regarding the visit of the male constable to the victim's home.

The bail applications have been rescheduled for April 22, 2025. By delaying the decision and demanding an account for the procedural overreach, the High Court has reaffirmed that in Indian criminal justice, the sensitivity of the process is as vital as the fairness of the outcome.

This judgment stands as a powerful precedent for legal professionals, reminding them that the courtroom is not merely a space for legal technicalities, but a place where the humanity of sexual assault survivors must be protected above all else.