Supreme Court Directs Urgent Establishment of Exclusive POCSO Courts Across India

In a significant move aimed at ensuring swift justice for child sexual abuse victims, the Supreme Court of India has directed the Central Government to urgently establish exclusive courts for cases under the Protection of Children from Sexual Offences (POCSO) Act. Highlighting the alarming rise in child rape incidents and the lack of sufficient judicial infrastructure, the apex court emphasized that the delay in trials violates the intent of the POCSO Act and hampers access to justice for vulnerable victims.

Why in News?

The Supreme Court was hearing a suo motu petition concerning the increasing number of child rape cases across the country. During the hearing, it expressed concern over delays in investigation and trials, particularly due to shortage of dedicated POCSO courts in many states. The SC reiterated its 2019 directive for setting up special courts and expanded the guideline to include two such courts in districts where pending POCSO cases exceed 300.

Background and Legal Context

• The POCSO Act, 2012, was enacted to provide a child-friendly system for the reporting, recording, and speedy trial of sexual offences against children.
• As per the law, trials should ideally be completed within one year from the date of cognizance.
• However, lack of dedicated courts and judicial delay often hinders this mandate.

Supreme Court’s Key Observations and Directives

• A Bench of Justices Bela M. Trivedi and P.B. Varale observed that delays were primarily due to inadequate number of exclusive courts.

The Court emphasized the need to,

• Sensitize investigation officials handling POCSO cases.
• Ensure timely filing of charge sheets.
• Complete trials within the prescribed legal timeline.
• Set up 2 designated POCSO courts in districts where pending cases > 300.
• Clarify that earlier 2019 direction of 1 court per district with 100+ FIRs refers to exclusive POCSO courts only.

Current Status in States

• Many states have complied with the earlier directive using central funding.
• However, Bihar, Tamil Nadu, Maharashtra, Uttar Pradesh, Odisha, and West Bengal are among the states flagged for needing more courts due to case backlogs.

Significance of the Directive

• Reinforces child-centric justice delivery.
• Reduces psychological trauma for child victims by ensuring timely redressal.
• Supports India’s commitment under international child rights conventions like the UNCRC.