KEEP COMPLAINT BOX IN SCHOOLS FOR STUDENTS TO LODGE SEXUAL ASSAULT COMPLAINTS WITHOUT FEAR- By SOHINI BISWAS

INTRODUCTION

The idea of installing complaint boxes at schools has improved the studying environment at numerous public schools all through the country. The Department of Education (DOE) with the help of UNICEF had initiated the project after realizing that most students have been not able to record the troubles they faced in their classrooms to their teachers. The initiative has become formalized with the adoption of operating method for grievance taking note of formulated by DOE very last year. With the installation of complaint boxes, students can now and has been submitting written proceedings on some of the troubles, at the side of sexual harassment, bullying, studying experience and school infrastructure.

PROCESSING OF COMPLAINTS:-

To offer alleviation to the complainant and ensure suitable redressal of grievances. The proceedings are acted upon in the following manner:

Investigations by the police are expedited and monitored.

Family disputes are resolved or compromised through counselling or hearing before the Commission.

For crucial crimes, the Commission constitutes an Inquiry Committee which makes spot inquiries, examines numerous witnesses, collects evidence and submits the record with recommendations. Such investigations help in imparting immediate treatment and justice to the sufferers of violence and atrocities.

There is a provision for having experts/felony specialists on those committees. A few proceedings are also forwarded to the respective State Commissions for Women and special forums much like the National Human Rights Commission, National Commission for Scheduled Caste / Scheduled Tribe, etc., for disposal of the proceedings at their end. In respect of proceedings related to sexual harassment of girls at their workplaces, the worried companies or departments are urged to symbolize an Internal Complaints Committee (ICC) as in step with the essential provisions Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 to analyse into such proceedings. The Commission often monitored and takes up the ones court cases with the concerned agencies/departments to expedite the disposal of the court cases through following the statutory provisions.

ANALYSIS OF COMPLAINTS:-

The proceedings obtained show the nature of crimes toward women and shows systemic modifications needed for proceedings in crimes. The complaints are analysed to apprehend the gaps in ordinary functioning of presidency in tackling violence against women and to suggest corrective measures. The proceedings are also used as case studies for sensitization programs for the police, judiciary, prosecutors, forensic scientists, defence attorneys and different administrative functionaries.

HOW YOU CAN ASSIST YOUR CHILD:-

• Give age-appropriate sex education, which encompass the usage of accurate biological terms.

•Create a surrounding to have open conversations at home

•Parents have to take a look at their child’s bodily cues.

•Notice if the kid feels uncomfortable in someone’s presence.

•Trust your child while they arrive up to you with a problem.

•Teach them about unsafe behaviour and bad touch.

The Hon’ble Supreme Court in the case of S Jayaseelan v. The State (1) adjudged that there has been no put off in lodging the FIR as has been rightly stated by the High Court in view of the actual situation highlighted. Additionally, the injuries on the accused have been of very minor nature and superficial which don’t have any relevance.

Lastly, citing some of the instances specifically Nisar Ali v. The State of Uttar Pradesh (2), the Supreme Court upheld the judgement of the High court saying, falsity of cloth particular won’t damage the proof from the start to end. The maxim “falsus in uno falsus in omnibus” has no application in India and the witness or witnesses cannot be branded as liar(s). The said maxim has not acquired widespread popularity nor has this maxim come to occupy the popularity of rule of law. It is absolutely a rule of caution. All that it amounts to at some point of such times testimony may be disregarded, and not that it needs to be disregarded. The doctrine absolutely consists of the question of weight of evidence which a Court can also observe in a given set of circumstances, but it isn’t what may be called ‘a necessary rule of proof. Thus, appeal was dismissed.

From the above cases we may infer that many complaints are not even filed by the children as they are suffering from the mental trauma of the incident and are not able to process the fact and accept the situation. Keeping a complaint box will help children to put the complaints that they are not able to address.

As consistent with POCSO Act, any individual below the age of 18 is deemed as a child under Sec 2(d) of POCSO Act. Evidence won’t be available in every case of this nature. The infant can also additionally offer what exactly transpired, utterances and gestures made. Circumstances and context relating to the incident must be studied. Parents shall concentrate to the child patiently without any emotional reaction simply, so the child will speak out without any reluctance or fear. Under Sec.19 of POCSO Act, any individual can lodge a complaint if he has apprehension that an offense under the Act might be to be committed or has records that an offense has been committed.

CONCLUSION

The Madras High Court lately upheld the conviction of a pastor below the POCSO Act for the sexual attack of a 12-year-old student who was studying at CSI Hobert Girls Higher Secondary School, housed inside the identical campus as the residence of the accused pastor. Following this, the Madras High Court has directed the Tamil Nadu government to put in complaint boxes in each school to inspire students to avoid hesitation and complain freely any case of sexual abuse, either by the dealing with committee individuals or teaching or non-teaching staff. The Court also counselled carrying out monthly inspections at schools as a part of measures intended to encourage students facing sexual assault to come ahead with complaints freely and without fear.

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