Key Facts
The Supreme Court of India has issued comprehensive guidelines prohibiting routine psychological or psychiatric evaluation of child victims in custody battles and cases under the Protection of Children from Sexual Offences (POCSO) Act. A bench of Justices Sanjay Karol and N Kotiswar Singh emphasized that such assessments can aggravate trauma in already disturbed children.
Details of the Judgment
The ruling came on a petition by a woman from Maharashtra challenging two Bombay High Court orders from 2023 that directed psychological assessment of her 10-year-old daughter. The child's father, based in the US, had sought the evaluation amid allegations of sexual abuse when the child was under three years old. The mother argued that subjecting the child to further assessments would cause re-traumatisation, given she had already recorded a statement in criminal proceedings under the POCSO Act.
The Supreme Court agreed, stating: “In matters involving custodial rights of the children in the context of bitterly contested disputes between the parents, the courts have to adopt a very cautious approach before passing orders which may have the potential of aggravating the trauma of an already disturbed child.”
Guidelines Issued by the Court
- No Routine Evaluation: Psychological or psychiatric evaluation of a child victim shall not be directed as a matter of routine merely because issues of custody, visitation, or parental access arise.
- Reasons Required: If a court deems evaluation necessary, it must record reasons justifying the necessity, purpose, and relevance.
- Minimum Intrusion: Courts shall adopt the principle of minimum intrusion and minimum exposure while directing psychological interaction with child victims.
- Independent Expert: Ordinarily, one independent and court-appointed child psychologist should conduct the evaluation. A panel of experts should be an exceptional course only when indispensable.
- Confidentiality: Proceedings and outcomes must be kept strictly confidential.
- Child-Centric Approach: The process must be welfare-oriented, not adversarial or investigative.
Impact on Lower Courts
The bench modified the High Court order, noting it failed to consider the child's welfare and did not explain why a panel of experts was needed instead of one independent expert. The Court also raised concerns about neutrality as the father had suggested most experts, including those abroad. The matter has been sent back to a Maharashtra family court, which must first order psychological evaluation of the parents. The child's treating psychologist will then submit a report, and the family court will decide if the child needs assessment.
What Readers Should Know
These guidelines are binding on all courts dealing with POCSO and custody cases. The Supreme Court clarified that the guidelines are neither exhaustive nor inflexible, and courts must decide on a case-by-case basis with expert assistance. The judgment underscores the constitutional obligation to preserve the dignity, emotional security, and psychological well-being of child victims.
Frequently Asked Questions
Why did the Supreme Court issue guidelines on psychological tests for child victims?
The Court found that routine psychological tests can re-traumatize child victims in custody and sexual abuse cases, and issued guidelines to ensure a child-centric approach.
What are the key guidelines issued by the Supreme Court?
Key guidelines include: no routine psychological evaluation; courts must record reasons if ordering tests; adopt minimum intrusion principle; use one independent expert; keep proceedings confidential.
What was the case that led to these guidelines?
A mother from Maharashtra challenged Bombay High Court orders subjecting her 10-year-old daughter to psychological assessment at the instance of the father, who was accused of sexual abuse.
What did the Supreme Court order in the specific case?
The Court set aside the High Court order, directed psychological evaluation of parents first, and referred the matter back to the family court.