New Delhi, 09 December: Despite all the policies, efforts and financial commitments of the Central Government, as of January 31, 2023, 2 lakh 43 thousand 237 cases were pending across the country in the special fast-track courts set up to hear POCSO cases.
Even if not a single new case is added to this number of pending cases, it will take at least nine years to dispose of all these cases.
In states like Arunachal Pradesh and Bihar, it may take more than 25 years to resolve pending POCSO cases.
Also, in 2022, punishment was given in only three percent of POCSO cases. These shocking facts have been revealed by the research paper ‘Justice Awaits: An Analysis of the Efficacy of Justice Delivery Mechanisms in Cases of Child Sexual Abuse’ released by India Child Protection Fund (ICPF).
Despite the central government setting up fast-track special courts in a historic move in 2019 to ensure justice for child victims of sexual exploitation and spending crores of rupees every year for it, the findings of this paper show that the capacity of the judicial system of the country is limited. And question marks arise on efficiency.
According to the research paper, in the current situation, it will take 30 years for Arunachal Pradesh to settle the pending POCSO cases till January 2023, while it will take 27 years for Delhi, 25 years for West Bengal, 21 years for Meghalaya, 26 years for Bihar and 22 years for Uttar Pradesh.
The primary objective of setting up specialized courts like Fast Track Special Courts was to speed up disposal of sexual assault cases and especially those related to the Protection of Children from Sexual Offenses (POCSO) Act. They were formed in 2019 and the Government of India has recently approved the allocation of a budgetary amount of Rs 1900 crore to continue it till 2026 as a centrally sponsored scheme.
After the formation of these fast track special courts, it was believed that they would settle such cases within a year, but out of the total 2 lakh 68 thousand 38 cases filed in these courts, criminals were sentenced only in 8 thousand 909 cases. Can go.
The study revealed that each fast track special court disposed of an average of only 28 cases in a year. This means that the disposal of one case cost Rs 9 lakh.
According to the research paper, “Each special court was expected to dispose of 41-42 cases every quarter and at least 165 cases in a year, but the data shows that even after three years of formation, these special courts are not achieving their set targets.” Have failed to do.
Citing the decision of the Supreme Court, the research paper further says that child marriage is rape of children. On the other hand, 2011 census figures show that 4,442 minor girls are married every day in the country. This means that every minute three girls are thrown into the hell of child marriage in the country whereas the recent report of the National Crime Records Bureau (NCRB) says that only three cases of child marriage are registered in the country every day.
Bhuvan Ribhu, founder of ICPF, termed the modest rates of conviction as a matter of grave concern despite strong policies, stringent laws and substantial financial commitments in the country to prevent child marriage.
Bhuvan Ribhu said, “The spirit of the law needs to be translated into justice for every child. If only three percent of those accused of sexual exploitation of children are punished, then it can be said that legal preventive measures have failed. If child victims are to be saved, the most important thing is to protect the children and their families, make arrangements for their rehabilitation and compensation and ensure timely trial of the entire judicial system from the lower courts to the higher courts like the High Court and the Supreme Court. Ensure settlement.”
ICPF has made several important recommendations to ensure justice to child victims of sexual exploitation in a time bound and child friendly manner and to resolve the pending cases.
This report is based on data received from the Ministry of Law and Justice, Ministry of Women and Child Development and National Crime Records Bureau.
