Kerala High Court Advocates Psychiatric Treatment Schemes for Child Abuse Offenders and Survivors

In a significant ruling, the Kerala High Court has called for the formulation of comprehensive schemes for psychiatric treatment of individuals accused of child sexual abuse under the POCSO Act, emphasizing the need for intervention within the prison and correctional systems. The court ordered the Kerala State Legal Services Authority (KELSA), in consultation with relevant state departments and experts, to design a scheme focusing on "intense psychotherapy/pharmacological intervention/psychiatric treatment" for inmates accused under the POCSO Act.

Justice Gopinath P stressed the importance of collaboration with the Director General of Police (Prisons) to implement these initiatives in prisons and correctional homes, aiming to reduce the recurrence of such offenses.

Additionally, the court emphasized the rehabilitation of survivors and victims, directing the Secretary of the Department of Social Justice, Government of Kerala, to formulate a scheme for scientifically-based sex therapy. This initiative aims to help survivors lead normal lives and reintegrate into society.

The ruling also addressed the sensitivity required in educational institutions and care homes where abuse victims are placed. It mandated collaboration between the Secretaries of Higher Education and General Education, legal services, and victim rights authorities to create guidelines sensitizing teachers and caregivers to handle sexual abuse victims equitably.

The court issued these directives while considering the bail plea of a 19-year-old accused of sexually abusing his 13-year-old sister. The victim stood by her allegations but expressed guilt over family disruption. The court considered broader suggestions from the Victim Rights Centre, leading to specific directions on therapeutic interventions for both victims and accused persons.

This landmark ruling strives to establish a framework prioritizing psychiatric care and sex therapy, recognizing the nuanced needs of survivors and the accused. The court's holistic approach underscores the commitment to justice, rehabilitation, and the prevention of reoffending. The granted bail, coupled with probation conditions, reflects a balanced consideration of individual cases within the broader framework of mental health and rehabilitation.

Author: Anushka Taraniya

News Writer, MIT ADT University