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14 cases of child abuse before children’s court in two weeks
NT Staff Reporter

Panaji Dec 17: Two weeks into its functioning, fourteen cases relating to
the abuse of children have been placed before the Children’s Court of Goa,
set up under the Goa Children’s Act, 2003.

The first of its kind in the country, the Goa Children’s Court meets once
every Friday; it first met on December 10 and again today. While eight
matters came up on the board last Friday, 11 matters including some
miscellaneous applications and two bail applications and were on the board
today. But only preliminary hearings have been conducted so far, no case has
come up to the trial stage yet.

The court deals exclusively with offences against minors, which according to
the Goa Children’s Act, have been defined as children under the age of 18,
both male and female. Senior court staff said that the cases before the
court are basically rapes on minors girls, committed either in a secluded
place or in hotel rooms.

One special feature of the Goa Children’s Act is that if the rape on the
minor is committed in a hotel, its owner and manager are liable for
prosecution. The aim of the Act, after all, is to prevent child abuse.

Incidentally, both bail applications heard today were from two owners of
hotels. One was from Mr Jose Menino Luis, owner of the guest-house in St
Jose de Areal, where the main accused Altaf Sayed raped a minor girl on
November 14. The second application was from Mr Joasinho Rodrigues, owner of
a hotel in Curchorem, where another accused, Agostinho Gama raped another
minor girl on November 29. Both were granted bail today; Mr Luis on his
second attempt and Mr Rodrigues on his third.

In his order, the president of the Children court, Mr A D Salkar noted that
the records show that the offences attributed to the bail applicants are not
tourism-related child sexual abuse. He also noted that the records show that
the offence under Section 8(10) of the Goa Children’s Act, is punishable
with fine only. Looking into the facts of the case from any angle, the
offences fall under the category of bailable offences, Mr Salkar noted.

While earlier rape cases against minors were dealt with in regular courts,
now offences against minor children will be dealt with by the children’s
court. The punishments are more severe; besides attracting provisions of the
Indian Penal Code, offenders also attract sections of the Goa Children’s
Act. Offenders charged for grave sexual assault will attract punishment of
between 7 to 10 years and a fine of Rs 2 lakh. Offenders have to deposit 75
per cent of the fine before the case begins.

A common public misconception regarding the children’s court is that it is
the same as the Juvenile Justice Board functioning at Bal Niketan, Merces.
It was earlier referred to as the children’s court. But senior staff of the
Goa children’s court pointed out that the Juvenile Justice Board handles
cases where children are the offenders or accused. On the other hand, the
Goa children’s court deals with cases where the children are the victims.


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