On May 15, the Supreme Court of India officially closed the 2019 suo motu proceedings related to the flaws in implementing the Protection of Children from Sexual Offences (POCSO) Act, 2012. The top court strongly directed both the Union and State governments to urgently set up dedicated Special POCSO Courts to deal with such sensitive cases without delay.
“In our opinion, since the timelines have been stipulated under the POCSO Act for all stages right from the stage of Investigation up to the stage of Trial, the same must be adhered to as far as possible,”
– Supreme Court
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A bench led by Justice Bela M. Trivedi and Justice P.B. Varale stressed the need for proper sensitisation of officials handling POCSO cases. The court emphasized that the number of exclusive POCSO courts is currently not sufficient, leading to delays in trials and investigations. It reminded the governments of their responsibility to follow the time limits fixed by the POCSO Act.
“Because of the inadequacy of the number of exclusive Courts for the POCSO Cases, the said timelines mandated in the Act for completion of the trials are not being maintained,”
– Supreme Court
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The court said that chargesheets in such cases must be filed on time and the trials should be completed quickly to deliver justice to the victims. The bench also made it clear that creating more POCSO courts is a top priority and not optional.
Before closing the case, on May 7, the court had asked Senior Advocates V. Giri and Uttara Babbar to submit a report detailing the status of POCSO Courts across different States. The report showed that while many States had complied with the earlier directions, several major States including Tamil Nadu, Bihar, Uttar Pradesh, West Bengal, Odisha, and Maharashtra are still lagging behind.
“It is expected that the Union of India and the State Governments shall…create dedicated Courts to try POCSO Cases on top priority basis…”
– Supreme Court
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The Supreme Court had earlier, in July 2019, issued comprehensive directions stating that if any district has more than 100 POCSO cases, an exclusive court must be set up using funds provided by the Central Government. These directions also included appointing Special Public Prosecutors for such courts.
In addition, the Registrar of the Supreme Court had submitted a detailed report regarding the different types of POCSO cases and their share. Based on that, the Court reiterated that every stage of the case—from investigation to final judgment—must follow the strict timeframes already set under the POCSO Act.
“The officials associated with the investigation and the creation of dedicated Courts to try POCSO cases should be sensitised,”
– Supreme Court
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The Court also specifically named States like Uttar Pradesh and West Bengal, where the backlog of POCSO cases is very high. It reminded them of the urgent need to comply with the set criteria and take immediate action.
Additionally, the Court noted that there is a need to look into forming a National Scheme to provide compensation to child victims of sexual abuse, further strengthening the justice system under the POCSO Act.
Case Title: IN RE ALARMING RISE IN THE NUMBER OF REPORTED CHILD RAPE INCIDENTS | SMW(Crl) No. 1/2019
Appearances: Senior Advocate and amicus VV Giri and Senior Advocate and Amicus Uttara Babbar
