Report child rapes: Supreme Court

NEW DELHI, April 26 (Agencies): Failure to report sexual offences against minors is punishable and amounts to shielding the offenders, the Supreme Court said yesterday, amid a spurt in such incidents including last week’s rape of a five-year-old in Delhi.

In a series of guidelines, a bench of Justices K.S. Radhakrishnan and Madan B. Lokur ruled that educational institutions, media representatives, hotels, remand homes and other institutions were duty-bound to report such abuse.

“The non-reporting, after having come to know that a minor below the age of 18 years was subjected to any sexual assault, is a serious crime. By not reporting, they are screening offenders from legal punishment. Hence, they be held liable and prompt action be taken against them.”

The bench directed the Centre and states to constitute special juvenile police units (SJPU) and take prompt action in consultation with juvenile justice boards for protection of child victims.

The bench said instances of sexual abuse or assault on a minor should be reported to the nearest SJPU or the local police. That includes private and government hospitals. If the perpetrator is a relative, the mother or other female members of the family should be consulted and the abuse reported keeping in mind that the child’s interest is paramount.

The bench also touched upon another area —“dichotomy” between the view taken by courts and the executive on death penalties. The bench said the executive (the government) had commuted to life death penalties in several cases, reflecting that there was no uniform pattern of sentencing in the country.

“It seems to me that though courts have been applying the rarest of the rare principle, the executive has taken into consideration some factors not known to the courts. Death penalty and its execution should not become a matter of uncertainty… perhaps, the law commission can resolve the issue,” Justice Radhakrishnan, writing the judgment, said.