A recent incident in a district bordering Chennai has starkly highlighted the systemic failures in Tamil Nadu's child protection system. A young survivor of gang rape was forced to wait in the same area as her accused rapists before being taken into an empty courtroom. The trauma of walking the same corridor used by the men who assaulted her left the child trembling violently, her fear so palpable that she clung to her support person with such force that she left nail marks on their arm.
A Statewide Pattern of Trauma
This harrowing experience is not an isolated case. Across Tamil Nadu, testifying in Protection of Children from Sexual Offences (POCSO) Act courts has become a deeply traumatic ordeal for many children. Some have been made to stand on tables inside witness boxes because they are too small to be seen, while others, upon seeing their abusers, have crawled under the judge's desk in sheer terror.
The infrastructure meant to protect these children is critically inadequate. Of the 21 exclusive POCSO courts in the state, deposition rooms are completely absent in Dharmapuri, Dindigul, and Erode, forcing child survivors to testify in open court. In Chengalpet, the special POCSO court operates from a rented residential building where facilities are shockingly repurposed: one room serves as the judge's chamber, the kitchen is used by the public prosecutor, and the hall doubles as the courtroom.
Improvised Measures and Ignored Directives
The Supreme Court has repeatedly directed that POCSO courts must provide separate waiting rooms and enable testimony via video link to shield children from the accused. However, Tamil Nadu's records reveal these requirements exist largely on paper. In districts with exclusive courts like Coimbatore, deposition rooms exist but function merely as waiting spaces because the video links do not work. Consequently, children remain acutely aware of the accused's presence, a direct violation of the Supreme Court's mandate.
While Cuddalore, Sivagangai, Kanyakumari, and Nagapattinam are reported as exceptions with functional video links, data indicates they are rarely used. In their absence, judicial officers resort to alarming improvisations. Some hold up bed sheets as makeshift barriers or push two cupboards together so the accused can peer through the crack to watch the testimony, all in a flawed attempt to satisfy fair-trial requirements.
Advocate Vidya Reddy of Tulir–Centre for the Prevention and Healing of Child Sexual Abuse recounts disturbing instances: "In one case, the child was so small that the judge asked her to stand on a table. In another, the child saw the accused and hid under the judge’s desk, but instead of calming her, the judge shouted and demanded she come out."
The Psychological Toll and Legal Consequences
The psychological impact on these children is severe and directly affects the legal process. Child psychologist M Divya explains, "When children face the accused, even briefly, their stress response spikes and memory recall fragments. That is why many go silent or break down during testimony. These are not inconsistencies but direct effects of trauma."
Special Public Prosecutor (POCSO) S Patcheappan points out that children are made to recount their trauma multiple times to different authorities, causing further psychological harm and leading to inconsistencies in their testimony. "The process must be limited to recorded statements and video conferencing to preserve evidence and prevent re-traumatisation," he urges. He also highlights how defence lawyers often delay trials by citing the absence of expert witnesses, prolonging the child's distress despite mandates for swift cross-examination.
This hostile environment undermines the reliability of testimony. Advocate R Srinivasan notes, "Cross-examination becomes easier for the defence when the child hesitates or contradicts earlier statements," often a direct result of the trauma experienced in the courtroom.
Chennai: A Glimmer of Hope
Amidst this bleak landscape, Chennai stands out as a model. The city has a properly designed POCSO court with a separate suite for children to testify, a dedicated entrance to prevent encounters with the accused, and a functional video link system. A comfortably appointed waiting area with toys, games, and books allows children to relax before deposing, ensuring they do not face the intimidation of an open courtroom.
The data on POCSO cases in Tamil Nadu underscores the urgency of fixing this broken system. Cases have seen a significant rise, with total registered cases jumping from 4,968 in 2022 to 6,969 in 2024. The conviction rate, however, has historically been low, hovering around 23-26% in previous years, a figure that is undoubtedly impacted by the traumatic testimony process survivors are forced to endure.
