November 05, 2018:

As per a new study, cases registered over 4 years to 2016 under the Protection of Children from Sexual Offences (POCSO) Act, 2012, will end only by 2022 based on the current rate of disposal.

Gujarat & Arunachal Pradesh reported the greatest backlog.

It will take 55 & 101 years, respectively, to finish with such cases, as per a study by Kailash Satyarthi Children's Foundation (KSCF), an advocacy run by an Indian Nobel laureate.

The number of cases registered under POCSO increased 151% from 2009 to 2014.

According to National Crime Records Bureau (NCRB) data, more than 104,976 cases were registered b/w 2014-2016 while only 10% trials were completed, the conviction rate was 30% for 2016.

Keeping the disposal rate of 2016 (10%) constant, some States such as Punjab & Nagaland would take about 2 years, while States such as Gujarat & Arunachal Pradesh would take more than 50 years to complete the cases registered until 2016.

Until 2012, when POCSO was passed, sexual offences against children were covered under three sections of the Indian Penal Code (IPC):

  • Rape under Section 376,
  • outraging modesty of a woman under Section 354 and
  • unnatural sexual acts under Section 377.

With the introduction of POCSO, other forms of harassment were also included.

Most importantly, the Act was made gender-neutral, & specifically designed to protect Child Rights & ensure the Judicial System would be child-friendly.

Investigations by the Police should be completed within 2 months & the trials within 6 months, according to amendments made to the POCSO Act & the Code of Criminal Procedure (CrPC) by an ordinance in May 2018.

The Supreme Court later ordered High Courts to ensure POCSO cases were heard by designated special courts, allowed no adjournments by POCSO judges and constituted special investigative task forces by state police chiefs, the Hindu reported on 1 May 2018.

Why Cases Are Pending Under POCSO ?

"There has been a rise in the number of cases being registered because of increased awareness and mandatory reporting," said Yashwant Jain, member of the National Commission for Protection of Child Rights (NCPCR), which oversees POCSO.

NCPCR, under the Ministry of Women & Child Development, monitors investigations, trials, & establishes Child Welfare Committees, Special Courts & Public Prosecutors.

Jain said,"This has led to the number of cases being more against the number of courts present to deal with them."

"Apart from delays in Police Investigations, poor working strength of the Judiciary adds to the pendency."

Subhadra Menon, Executive Director, research, KSCF, told IndiaSpend,"Sometimes, priority is given to cases registered under different Sections of the IPC over Cases registered under POCSO."

The shortage of Judges was documented by IndiaSpend in a 3-part series earlier this year.

As per NCPCR data, only 559 Special Courts are in place (84 %) & only 438 (65 %) Special Public prosecutors have been appointed out of the 665 designated district-wise courts/prosecutors.

Constituting Special Courts & appointing Public Prosecutors does not mean that the staff increases or is even exclusive in handling POCSO cases. They are also burdened with work from regular courts, according to a 2017 study by the National Law School of India.

Jain said,"There is also a delay in getting the Forensic Science Laboratory (FSL) report, which further forces the police investigation to postpone their deadline."

Due to inadequate staff & infrastructure at forensic labs, 12,072 DNA samples and as many cases were pending in 6 Central Forensic labs till December 2017, the Hindustan Times reported on 26 April 2018.

Another major reason for the delay in investigations is the shortage of police personnel, said Surya Prakash BS, programme director, DAKSH, an advocacy group.

As on 1 January 2016, India was short of 500,000 Police Personnel, as per the data from the Bureau of Police Research & Development.

Surya said,"The case life cycle is at the discretion of the parties and their lawyers. It is often delayed due to the adjournments from the petitioner's side. Senior judges should ensure that the Act is followed, which it never is, and hence cases remain pending."

Delay in Justice has an adverse effect on survivors.

Menon said,"They suffer a range of psychological problems resulting in self-blame and self-harm, lack of confidence, fear and attempt to suicide."

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