Child's Rights When Testifying:

1. Competence as a Witness:
a. According to Indian Law, any person can be a witness if they
understand and can provide rational answers to questions.
b. There is no minimum age requirement to be a witness, but
children below 12 cannot take an oath.
c. A child's testimony can be admissible if they understand and
comprehend the questions.
d. Example: In the case of Suresh Vs UP State, the Supreme Court of
India accepted the testimony of a 5-year-old as the child could
understand the questions.

2. Rights of the Child:

a. The UN Rights of the Child, along with Indian laws, determine
various rights for children, including survival, protection,
development, and participation rights.
b. Survival rights cover life, health, nutrition, and adequate standard
of living.
c. Development rights include education, early childhood care, social
security, and leisure activities.
d. Protection rights involve freedom from exploitation, abuse,
neglect, and injury.
e. Participation rights include respect for the child's views, freedom
of expression, access to information, and freedom of thought and
religion.

3. Child's Competency and Credibility:

a. The judge determines the competence and credibility of a child
witness on a case-by-case basis.
 b. The judge may test the mental capacity of the child witness by
asking basic questions and assessing their understanding of right
and wrong.
c. If the child is considered competent and tells the truth, their
testimony will be admitted and accepted.

4. Factors Affecting Child Testimony:

a. Memory: Children's memories can be influenced, and they may
add or delete information.
b. Suggestibility: Children can be influenced by adults and may
change their statements.
c. Inconsistency: Children's testimonies may be inconsistent due to
external influences and their limited memory retention.

5. Child-Friendly Environment and Support:

a. Children should be provided with psychological and social support
throughout the process.
b. Child-friendly measures include shielding the child from the
accused, using visual links for testimony, private testimony for
sexual offenses, and pre-recording examination and cross-
examination.
c. Judges and lawyers should dress in a normal manner to create a
less intimidating environment.
d. Pediatricians play a role in preparing the child for court
appearances, providing counseling, and monitoring their well-
being.

6. Minimizing Anxiety and Trauma:

a. Children may experience anxiety, fear of the defendant, fear of not
answering questions, fear of jail, and fear of reappearing in court.
b. Testifying repeatedly and about severe abuse can have negative
mental health impacts.
c. Efforts should be made to minimize anxiety, stress, and trauma for
the child during the court process.
 7. Protection of Rights:
a. The criminal justice system aims to protect the child's
constitutional rights while seeking the truth and delivering justice.
b. Fair judgment should be ensured for both the child victim and the
accused.
c. Efforts should be made to create a relaxed, comfortable, and child-
friendly atmosphere during the court proceedings.
In conclusion, child witnesses play a crucial role in court proceedings, but
special care must be taken to protect their rights and well-being. Psychological
support, relaxed environments, friendly professionals, and access to mental
health services are essential in ensuring fair and just outcomes for child victims
and the accused. Further improvements and advancements in technology can
contribute to reducing the negative consequences of child testimony and
improving the overall experience for children involved in the criminal justice
system.

Child Custody and Related Issues:

1. Child custody refers to the legal and hands-on relationship between

parents and their child, involving decision-making and care.
 Example: Parents have the right to make decisions about the
child's upbringing and where the child will live.
2. Types of child custody include:
 Legal custody: Parents have the right to make decisions about the
child's upbringing.
 Physical custody: One parent has the right to have the child live
with them.
 Sole custody: One parent has sole physical or legal custody.
 Joint custody: Both parents share decision-making responsibilities
and physical custody of the child.
3. Forensic evaluation process in child custody cases:
 It involves interviewing parents and the child, conducting
psychological testing, and preparing a detailed report.
 Example: Forensic psychologists may interview parents separately
to gather information about their parenting abilities.
4. Family law courts often deal with child custody, along with other related
issues such as maintenance, support, and termination of parental rights.
5. Key considerations in child custody evaluations:
 The child's best interests and welfare should be the top priority.
 Impartiality, objectivity, and timeliness are important.
 Psychological needs of the child and parental attributes should be
taken into account.
 Counseling may be recommended for parents when necessary.
6. Components of a thorough child custody evaluation:
 Identifying the adult responsible for the child's daily care.
 Detailed life history of the child.
 Personality profiles of parents and their child-rearing practices.
 Understanding the historical perspective behind the custody issue.
 Medical history of the child and parents.
 Psychometric measures, individual interviews, and psychologist's
summary and interpretation.
7. Skills and knowledge required by forensic psychologists:
 Understanding different types of divorce and the effects on
children and families.
 Familiarity with child custody laws and procedures.
 Assessing child and adolescent personalities.
 Knowledge of the legal aspects of custody procedures.
8. The use of psychological tests in child custody cases:
 Courts may order custody evaluations by forensic psychologists,
including psychological testing.
 Test results help assess parenting capacity and the child's needs.
 Tests must be standardized, reliable, valid, and administered
ethically.
9. Indian laws govern marriage, divorce, and child-related issues through
personal laws and acts such as the Hindu Marriage Act and the Guardian
and Wards Act.
10.Family courts in India prioritize the welfare of children in custody
decisions.
 The best interests of the child are the primary consideration.
 The mother generally has a preferential right to custody,
especially for children under 5, unless proven otherwise.
 The parent better suited to meet the child's social, medical,
educational, and emotional needs is typically granted custody.
 Financial support for the child may be assigned to the
noncustodial parent.
11.After reaching the age of 9, the child may have a say in choosing which
parent to stay with.
 Example: A child can choose to be in the custody of either the
mother or the father after turning 9.