Just Another Act?Goa Childrens Act

"Is the Goa Children’s Act more about an act and less about children? Even though the much awaited Children’s Court have started functioning , it has brought into sharp focus several loopholes in the Act that may come in the way of justice ,dignity and safety to Goa’s children.



In 2002, the state government along with few individuals , “sincerely and genuinely” committed to the cause of the children identified and drew a wish list of what needs to be done to create a “a child friendly society”. To ensure that every child has his childhood, Goa Children’s Act 2003 came into force from July 2003 and Children’s Court stated on December 10, 2004 in Goa.

Three years later, the activists and lawyers who were part of the “landmark legislation and a path breaking initiative” are disillusioned with the Goa Children’s Act 2003 and Children’ Court. In the first state in the Country to enact legislation that seeks to give every child, a childhood, innocent children still continues to raped or molested, child labour and prostitution exists.

“One truth that the public must know is that the final draft of all sections that was handled over to the state is not what has finally found its place in the Children’s Act. Behind this is a hand or force that really never allowed the rights of the children to become a reality in the manner intended by the NGO’s and other drafting committee members.” said Bernie D’Souza, Jan Ugahi an organization working for child rights in Margao.

A reliable source at the Law department revealed that a senior counsel who was called from Delhi to look into the Act, disappointed left it mid way. When this reporter tried to meet V.P.Shetye, Legal Advisor to the Government of Goa he said “I have nothing to inform you”.

Questions are now being raised whether the Children’s Court is really child friendly? “Is there a special place for children to sit or will they be seated in the small crowded courtroom along with the accused or their abusers?

“We fought so hard to get the Court in session. Every other issue took priority for the state .Is this what we asked for our children?” added Bernie.


According to Sabina Martins, member, Bailancho Saad, “Many now refuse to register a case of molestation or rape against a minor due to delay in justice .They argue that while the accused is released on bail, the victim child suffers continuous mental tension for long.”

Even Nishta Desai, Children’s Rights Group admits that thought the Children’s Court had been denying bail to offenders in several cases, the most recent case of the High Court granting bail to a suspected offender who had been denied bail by the Children’s Court is a matter of grave concern. "This is an issue that needs to be examined as it will influence the way in which the Children’s Court deals with bail applications. Also the Children’s Court only meets once a week .The frequency with which it sits needs to be increased so that hearings for bail applications can be heard by the Children’s Court with the Public Prosecutor appearing for the victim in the trial proceedings also appearing in the matter of bail application” observed Nishta.

Reliable sources admit that the real problem will start when the trials will begin in the Children’s Court, especially if the loopholes in the Children’s Act are not amended. According to Goa Children’s Act 2003,sec 32 (1)(1) “whenever any offence is alleged to have been committed against a child , the burden of proving that such offence has not been committed by the accused shall lie on the accused .” However, as per the Evidence Act it is on the Prosecution to prove that the offence has been committed by the accused .One advocate has also filed a writ petition in Bombay High Court challenging this section of Burden of Proof.

Further sec.32 (1) (m) of the Act says” whenever a child who is a victim of a crime is required to pose before any authority including this Court, the child shall not be exposed to the presence of the accused or the perpetrators of the crime”.

But universal jurisprudence rests on the sole assumption that “I am innocent till proved guilty”. Moreover, during trial the accused may say that he does not want a lawyer for a particular time and may do the cross-examination of the victim.

Has Goa Children’s Act 2003 changed the fate of the street children?

No. even prior to the framing of the Children’s Act, there has been provisions in the Constitution and the Indian Penal Code, which seeks to protect the child from sexual exploitation. “We have to admit that legislations alone cannot bring in change, unless and until the basic needs of the poor are met,” believes Advocate Pritam da Piedade Morais.

Further critics of Goa Children’s Act 2003 say that when the Central Children’s Bill is almost ready what was the hurry to have a separate Act for Goa? When the Central Bill is implemented which Act will prevail – the State or Central , they question.

Advocate Shanti Fonseca, who was one of the members who drafted the Children’s Act revealed that she was happy that the Children’s Act should come out so soon and in such a manner?” History reveals that the best laws which have been implemented are those which come from the will of the people and not those which are imposed from above. This Act was never the will of the people; it was not the voice of the people of Goa.They never demanded it. People in Goa do not feel that all children are their responsibility.

Why will Goans want to protect a non- Goan child, unless they accept all children are our children,” she said. However, Santosh Vaidya, Secretary, Women and Child Development maintained that the amendment is in process and the present Congress- led government has agreed that the amendments will be done either through Ordinance or Bill.

“Consultations process has been completed and the suggestions will be incorporated in the Act,” added Vaidya.