Supreme Court steps in to give POCSO a shot in the arm

Trial and investigation of child rapes are set for an overhaul, with the Supreme Court on Monday getting down to details and seeking district-wise data on such cases that await justice delivery. The information will have to be gathered by respective High Courts before July 24 following which the apex court is expected to pass directions the next day.

A bench headed by Chief Justice Ranjan Gogoi was certain that if 24,212 cases of child rapes were registered between January and June, the number of such crimes since 2012, when the Protection of Children from Sexual Offences (POCSO) Act was enacted, would be huge.

The top court has asked senior advocate V Giri to get the data from all HCs and suggest ways to improve investigation and clear the backlog of cases pending trial. The SC took up the matter on its own, concerned by the rising incidents of child rapes.

Citing a preliminary study, Giri told the bench of CJI and Justice Deepak Gupta that the country must have dedicated courts and judges to hear POCSO cases. The Act also makes it mandatory for appointment of special prosecutors owing to the sensitivity attached to the young victims.

Giri stressed the need for sensitising judges and prosecutors dealing with such cases. The bench felt that POCSO courts should be situated outside regular court complexes so as to protect the privacy of the victims and provide them with a friendly environment. One such attempt is being made in Hyderabad, the judges said.

The advocate said Delhi too has a designated POCSO court. The bench told Giri, "Have you seen the pendency rate in Delhi. Of 729 cases, only two were disposed of this year. If this is happening in the national capital, what would be happening elsewhere?"

Under POCSO, the trial must be completed in two years.

However, a survey done by the SC showed that of the 24,212 FIRs registered in the first six months of this year, over 11,900 cases were pending investigation.

In 11,320 cases, a trial was either pending or yet to commence. Only 911 cases were disposed of, a mere 4% of the total cases. "The figure in the previous years will be much higher," the bench said.

To help Giri in this task, the apex court directed SC Registrar SS Rathi to coordinate with HCs for the data. Apart from the number of pending POCSO cases, SC wants to know the period for which they have remained pending. The Court told Giri, "Before implementing the provisions of the Act, we need to know the correct position. It is only then we can consider your suggestions."

Crawling Cases Worry Court

The court gave the directions on its own, alarmed by the poor disposal of cases involving sexual assault on children, under the Protection of Children from Sexual Offences (POCSO) Act

• As per POCSO, the trial must be completed in two years
• Advocate V Giri batted for dedicated courts to deal with such cases 
• Giri also said such courts should outside the premises of regular courts so that the victims can be provided a friendly atmosphere
• Only 4% of POCSO cases registered till June this year have been disposed of