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The Supreme Court has raised serious concerns regarding the inadequate number of judges in trial courts across the country, which is significantly impeding the implementation of crucial directives aimed at addressing sexual offences against children under the Protection of Children from Sexual Offences (POCSO) Act. The apex court's observations came during the hearing of a suo motu case initiated in 2019, titled "In Re Alarming Rise in the Number of Reported Child Rape Incidents," highlighting the urgent need for a concerted effort to strengthen the judicial infrastructure and ensure timely justice for victims of child sexual abuse. The court, presided over by Justices Bela M Trivedi and Prasanna B Varale, emphasized that the shortage of judges, particularly in district courts, has resulted in the non-realization of key directives, such as the establishment of a special court in each district to exclusively deal with POCSO cases. This deficiency in judicial manpower directly undermines the effectiveness of the POCSO Act and perpetuates delays in the prosecution of offenders, leaving vulnerable children at risk and eroding public trust in the justice system. The Supreme Court's intervention underscores the critical role of the judiciary in safeguarding the rights and well-being of children and serves as a wake-up call for the government and other stakeholders to address the systemic challenges that are hindering the effective implementation of child protection laws.
Justice Trivedi specifically cited the persistent vacancies in district courts as a major obstacle to the realization of the 2019 directives. She lamented the fact that these vacancies have remained unfilled for years, resulting in a chronic shortage of judges to handle the increasing number of POCSO cases. The judge further illustrated the severity of the situation by referencing the example of Gujarat, where the number of judges is woefully inadequate to cope with the volume of cases involving sexual offences against children. This lack of judicial resources not only delays the prosecution of offenders but also places an immense burden on the existing judges, who are forced to handle an overwhelming caseload. The resulting backlog of cases further exacerbates the problem, creating a vicious cycle of delays and injustice. Moreover, the shortage of judges also hinders the ability of the courts to provide child-friendly environments and specialized support services for victims of sexual abuse, which are essential for ensuring their emotional well-being and facilitating their participation in the legal process. The Supreme Court's emphasis on the need to fill judicial vacancies highlights the urgent need for a comprehensive and proactive approach to addressing the shortage of judges at all levels of the judiciary.
In addition to the shortage of judges, the Supreme Court also acknowledged the lack of infrastructure as another significant challenge in the implementation of the POCSO Act. While the court noted that some of the directives in the 2019 judgment, such as the screening of short clips to raise awareness on the prevention of child abuse, have been complied with, the establishment of dedicated special courts with adequate infrastructure remains a distant goal in many districts. The special courts, as envisioned by the Supreme Court, are intended to provide a child-friendly environment, vulnerable witness courtrooms, and specialized support services for victims of sexual abuse. However, the lack of infrastructure, including inadequate courtrooms, waiting areas, and counseling facilities, prevents the courts from effectively fulfilling their mandate. The court also highlighted the importance of appointing presiding officers, support staffers, special public prosecutors, and court staffers with specialized training in handling POCSO cases. The absence of these specialized personnel further undermines the ability of the courts to provide effective and sensitive legal representation to victims of child sexual abuse. The Supreme Court's emphasis on the need for adequate infrastructure underscores the importance of investing in the physical and human resources necessary to ensure the effective implementation of the POCSO Act.
Senior advocate V Giri, assisting the court as an amicus curiae, highlighted the delay in receiving forensic lab reports as a major impediment to the timely completion of POCSO trials. The delay in obtaining forensic evidence can significantly prolong the legal proceedings and undermine the prosecution's case. To address this issue, Giri suggested the possibility of establishing a designated forensic lab in every district of the country for the purposes of the POCSO Act. This would ensure that forensic evidence is processed expeditiously and that the courts have access to the scientific information necessary to make informed decisions. The establishment of dedicated forensic labs would also help to improve the quality of forensic investigations and ensure that the evidence presented in court is reliable and accurate. The Supreme Court's consideration of this proposal highlights the importance of integrating forensic science into the legal process and ensuring that the courts have access to the best available scientific evidence.
The Supreme Court's suo motu note of the "alarming rise" in the number of rape incidents against children underscores the urgent need for a "concerted" and "clear" national response to this pervasive problem. The court noted that from January 1 to June 30, 2019, 24,212 FIRs were filed across India, indicating the widespread prevalence of child sexual abuse. Of these cases, 11,981 were still being investigated by the police, while chargesheets had been filed in 12,231 cases. These statistics highlight the significant challenges in effectively investigating and prosecuting child sexual abuse cases. The Supreme Court's intervention is a crucial step towards ensuring that the perpetrators of these heinous crimes are brought to justice and that the victims receive the support and protection they need. The court's emphasis on the need for a national response underscores the importance of coordinated efforts at the national, state, and local levels to address this complex issue. This includes strengthening law enforcement, improving the judicial infrastructure, raising public awareness, and providing comprehensive support services for victims of child sexual abuse.
In conclusion, the Supreme Court's concerns regarding the shortage of judges, inadequate infrastructure, and delays in forensic investigations highlight the systemic challenges that are hindering the effective implementation of the POCSO Act. The court's intervention underscores the urgent need for a concerted effort to address these challenges and ensure that the perpetrators of child sexual abuse are brought to justice and that the victims receive the support and protection they need. This requires a multi-pronged approach that includes filling judicial vacancies, investing in the physical and human resources necessary to support the courts, establishing dedicated forensic labs, and strengthening law enforcement. It also requires a national response that is coordinated at the national, state, and local levels and that involves all stakeholders, including the government, the judiciary, law enforcement, child protection agencies, and civil society organizations. Only through a comprehensive and coordinated approach can we effectively protect children from sexual abuse and ensure that they have access to justice and support.
Source: Not enough judges in trial courts to hear POCSO cases: Supreme Court