The National Human Rights Commission on Monday issued guidelines for speedy disposal of child rape cases, recommending that the investigation be completed within three months and the trial be carried out in a child-friendly atmosphere.

The new guidelines also said that the investigating officer should ensure that the medical examination of the victim and the accused is done preferably within 24 hours and that the Chief Medical Officers should make sure that the tests are conducted immediately after receiving the request.

The gynaecologist, while examining the victim, should ensure recording the history of the incident, it said.
In its directions to police, the NHRC said an officer not below the rank of Sub Inspector, preferably a woman, should record the statement of the victim. Assistance of psychiatrist can also be taken during recording of statement, the guidelines said. The officer must ensure that the victim is made comfortable before recording the statement as it was vital for ensuring accurate narration of the incident.

The recording of victim’s statement can be done at the residence of the victim and police should not insist that it should be at the police station. The recording should be verbatim and the officer should be in civil dress. “The investigation shall invariably be completed within 90 days of the registration of the case,” it said.
Noting that the trial should be conducted in a “child friendly atmosphere”, the NHRC said, “if possible, the court proceedings should be done via video conferencing in a conducive manner so at the victim is not subjected to close proximity of the accused.”

The new guidelines also recommended that the fast track courts dealing with child rape cases should preferably be presided over by a woman judge and trial held in camera and the magistrate should commit the case to session within 15 days of filing the chargesheet. The NHRC came out with the guidelines following three incidents of sexual assault and rape of minor girls in Kerala last year, which were brought to the notice of the Commission by state chief of All India Democratic Women's Association.

A draft was prepared and later forwarded to state Home Secretaries and DGPs for suggestions before issuing the guidelines.