JUDGMENT :

JASMEET SINGH, J.

There are cries for harshest penalties but often times such cries eclipse the real plight of the victim. [ Domestic Working Women’s Forum vs. Union of India and Others Writ Petition (CRL) No. 362/93), the Supreme Court of India; 1995 (1) SCC 14]

1. The present case raises important questions regarding the child survivors of sexual abuse. Child sexual abuse (hereinafter called “CSA”) has been interpreted by the World Health Organisation (hereinafter called “WHO”) as the involvement of a child in sexual activity that he or she does not fully comprehend, is unable to give informed consent to, or for which the child is not developmentally prepared and cannot give consent, or that violates the laws or social taboos of society. [World Health Organization, Report of the Consultation on Child Abuse and Neglect Prevention, 29-31 March. Geneva, Switzerland: World Health Organization; 1999. Document WHO/HSC/PVI/99.1]

2. In a study by Mr. Singh MM, Parsekar SS, and Nair SN, called “An epidemiological overview of child sexual abuse” it was found that about 37% of India’s population comprises children under 18, while around 53% of Indian children reported experiencing different kinds of abuse, which included being forced to nude photography, assault, inappropriate touching, and sexual abuse. [Singh MM, Parsekar SS and Nair SN. An epidemiological overview of child sexual abuse. J Family Med Prim Care 2014; 3:430]

3. The impact of the sexual offence is rightly pointed out in Bodhisattwa Gautam vs. Subhra Chakraborty, (1996) 1 SCC 490, wherein the Supreme Court reiterated that:

“Rape is not only a crime against the person of a woman (victim), it is a crime against the entire society. It destroys the entire psychology of a woman and pushed her into deep emotional crises. It is only by her sheer will power that she rehabilitates herself in the society which, on coming to know of the rape, looks down upon her in derision and contempt. Rape is, therefore, the most hated crime. It is a crime against basic human rights and is also violative of the victim’s most cherished of the fundamental rights, namely, the right to life contained in Article 21.”

Trauma of the victim

4. Owing to various emotional, social, and cultural factors, CSA survivors may not be able to express their feelings and experiences. The main rationale for this is that children are traumatized and are unsure of the proper words to express their encounter. CSA has long-lasting negative effects on mental health. Effects can be immediate, intermediate and long-term. [https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8445113]

Victimisation

5. Now, to shift focus onto survivors viz. the victim, or more appropriately, the survivor. In my considered view, victimisation process entails stripping the survivor of their defences and ends in the survivor reliving the horror of the sexual assault. The whole process takes root in three laps: before, during and after the course of the event.

Victimology

6. The criminal claims the survivors life, if not physically then affecting their mental and emotional state. It, thus, becomes imperative that the survivor of the crime is not overlooked and rehabilitation for the sufferings of the survivor is not overlooked. There is duty cast on the State to protect their rights and deliver justice to the survivors. This justice, in the form of compensation, should be given its liberal meaning thereby giving the maximum benefit and as quickly as possible.

7. The Law Commission’s 154th Report (1996) on reforms in criminal procedure discussed concerns related to “victimology.” A whole branch has evolved to make the victim the focus of their study. The tools employed by this study include an understanding of the victim-offender relationship, assessing, and possible ways for compensating the victims.

8. In my opinion, survivor-centric justice is the key to prevent revictimisation of the survivor. The literature suggests that justice for survivors of sexua