Annual Report - National Human Rights Commission

Annexure 12
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Age Verification
This is an important issue in law enforcement. The serious anomalies in the existing systems of
age verification have been brought out in the case study from Maharashtra. The suggestions
made in this case study are worth pursuing, as they are in the best interests of the victims.
Presumption of age, at first sight, should be drawn in favour of the survivor. The interview of the
survivor needs to be carried out by trained persons who can help the survivor to determine her
exact age. In all-borderline cases a CWC representative should be consulted by police officials
before taking a decision as to whether the person is a child or adult.
Victim Assistance Programmes
Redressal of the grievances of the victim should be the topmost agenda in law enforcement and
justice delivery. While changes in law are being proposed to incorporate specific provisions on
the subject, even within the existing legislation, there is scope for extending assistance to the
victims. The provision for ensuring anonymity has already been stated. Similarly, Section 327
Cr.PC provides for in-camera trial with respect to rape and related offences. Also, Section 357
Cr.PC provides for compensation. These provisions should be invoked in appropriate cases to
ensure the rights of victims. Moreover victim assistance programmes, covering all human rights
principles have to be incorporated in law and practice.
Criminal Injuries Compensation Board
The Supreme Court of India in Delhi Domestic Working Women’s Forum vs Union of India
has advised the setting up of this Board to provide assistance to victims. Considering the
fact that most of the trafficked victims, after rescue, are penniless, it is essential that they are
provided with minimum resources for sustaining themselves. The compensation to be imposed
on the accused u/s 357 Cr.PC can come into effect only after conviction and not otherwise.
Therefore, there is a need for setting up a Board with adequate funds to provide for postrescue
assistance, without waiting for closure of the judicial process of trial. The Tamil
Nadu government has already set up a Social Defence Fund for giving financial assistance
to rescued victims. Andhra Pradesh government has a scheme of extending financial help to
all victims immediately after rescue. These could be considered as models for other states
too.
Video Conferencing
One of the important aspects of justice delivery is ensuring the protection of the rights of the
victims during the trial process. It has come to light in many places that the victims are called to
the court for their evidence long after repatriation. There are instances in Delhi where the victims
rescued from Delhi brothels were rehabilitated in Bangladesh, but were brought back to Delhi
eight years later and made to depose in the court. Often, the victims are reluctant to make statements
in the court in the presence of the accused, because they do not like to revisit the trauma and
relive the exploitation. In such situations, video conferencing can be an effective tool. The research
mentions the order of the High Court of Delhi on video conferencing, which can, if implemented
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