Monday, March 11, 2013

Why is age verification of an assaulted child important?

Why is age verification of an assaulted child important?


  • Age estimation of trafficked victim is mandatory under Section 15(5A) of the ITPA.
  • Under the Juvenile Justice Act (JJA) if a trafficked victim is a child (below 18 years of age), then the child would be treated as a victim in need of care and protection and sent to a protective home. Thus, the future of the victim greatly depends upon a correct age determination test.
  • According to the Immoral Trafficking (Prevention) Act (ITPA): Trafficking of minors is a more heinous offence warranting more stringent punishment against the trafficker as per Sections 4(1), 5(1), 6(2), 6(2-A), 7(1-A) of ITPA.
  • Victim <18 years- JJA would automatically apply.
  • Victims between the ages of 16 and 21 years- exercise utmost caution and thoroughness.
  • Sometimes at the time of medical examination, the medical officer is further pressurized by the traffickers or their agents to certify that she is more than 18 years of age.
  • To avoid malpractice, a panel of doctors should conduct the medical examination, especially the Age Determination Test.
  • No single method alone should be adopted for Age Determination. A combination of examination of physical and secondary sexual characteristics, dentition, and bone ossification should be taken into consideration before recording the final opinion.
  • The medicolegal report should be submitted to the Investigating Officer within 48-72 hours of conducting the examination.

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