The Supreme Court on May 7 reserved its judgment in a 2019 suo motu case addressing systemic issues under the Protection of Children from Sexual Offences (POCSO) Act, 2012.
A bench comprising Justice Bela M. Trivedi and Justice PB Varale heard the case, which focuses on the failure of several states to establish Special POCSO Courts as directed by the Court in 2019. Amicus Curiae and Senior Advocate Uttara Babbar highlighted that despite previous directions, many states have not set up the necessary Special POCSO Courts, affecting the delivery of speedy justice in child rape cases.
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Babbar emphasized that the Court has issued multiple directions, including setting up Special POCSO Courts, appointing Special Prosecutors, and training those involved in the judicial process. However, compliance with these directions has been inconsistent, and the Court has continued to monitor the situation.
Justice Bela M. Trivedi stressed that creating Special POCSO Courts alone would not solve the problem, as there is a significant shortage of judges across the country. She remarked:
"Our courts are trying their level best, but there are no judges. There is no point in establishing courts when they are not manned by judges. Even in regular cases, we are struggling. Special Acts may direct special courts, but only regular judges are conducting them. This is a hard reality."
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The Court was informed of the states that have failed to establish the required number of Special POCSO Courts as per the 2019 order:
- Andhra Pradesh, Bihar, Chhattisgarh, Jharkhand, Madhya Pradesh: 5 Courts
- Kerala: 8 Courts
- Odisha: 17 Courts
- Bihar: 18 Courts
- Maharashtra: 19 Courts
- Tamil Nadu: 36 Courts
- West Bengal: 53 Courts
During the hearing, an advocate mentioned an impleadment application in the All India Judges matter, which also deals with the establishment of Special Courts. However, he raised concerns that even if Special Courts are created, there may not be enough judges to manage the general courts.
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The Court noted that despite seeking responses from state counsels, many failed to provide clear answers. Justice Bela Trivedi remarked:
"This matter is adjourned from time to time to allow you to take instructions."
The Supreme Court has now reserved its judgment on the matter, with the final decision expected soon.
Case Details: IN RE ALARMING RISE IN THE NUMBER OF REPORTED CHILD RAPE INCIDENTS|SMW(Crl) No. 1/2019
