SC DIRECTS SETTING UP OF SPECIAL COURTS FOR POCSO CASES.

SC DIRECTS SETTING UP OF  SPECIAL COURTS FOR POCSO CASES.

BY- SHRISHTI KHANDELWAL

BACKGROUND:

POCSO stands for The Protection of Children from Sexual Offences Bill which amends the Protection of Children from Sexual Offences Act, 2012. The Act seeks to protect children from offenses such as sexual assault , sexual harassment, and pornography. The POCSO Act 2012 was introduced in Rajya Sabha on March 23, 2011. Since India is a signatory to the UN Convention on the Rights of the Child since 1992. The parties to the Convention are required to take measures to prevent children from being coerced into any unlawful sexual activity. The Bill seeks to penalise any person who commits offences such as "sexual harassment” with imprisonment up to 3 years and a fine, “sexual assault” with imprisonment between three to five years and a fine, “penetrative sexual assault” with imprisonment between seven years and life and a fine, and “aggravated penetrative sexual assault” with imprisonment between five to seven years and a fine.  

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CURRENT ISSUE:

Recently, the SC of India has directed the setting up of special courts in each district across the country that had over 100 cases of child abuse and sexual assault pending trial under the Protection of Children from Sexual Offences (POCSO) Act. As per the reports prepared by the amicus curiae Mr. V. Giri and the learned solicitor general Mr. Tushar Mehta, few suggestions were made before the court to ensure timely completion of the investigation and consequential trials in the court in the offenses under POCSO Act. Having heard of all the suggestions made by the counsels, the court directed following –

•  Firstly, in each district of the country, if there are more than 100 cases under the POCSO Act, an exclusive special court will be set up, which will try no other offenses except those mentioned under the aforesaid act.
• Secondly, these courts will be set up under a central scheme and funded by the Central Government which will also see to the appointment of presiding officer and support persons, Special Public Prosecutors, court staff and the infrastructure required for the trials.
• The state shall ensure that a child-friendly environment must be there including vulnerable witness rooms and other necessities.
• While taking up the panel for support persons in each district should not exceed the reasonable number keeping in mind the total number of cases to be tried in the special court to be set, care should be taken to appoint persons who are dedicated to the cause and apart from academic qualifications are oriented towards child rights and are child friendly.
  

Some suggestions given by the amicus curiae shall also be implemented as per the directions of the court.

• A short clip intended to spread awareness of the issue, in general, should be filmed and screened in every movie hall and should also be shown in various T.V. channels at regular intervals.
• A child helpline number should be shown in such clips and various other prominent places, in schools and other public places.
• There should be a designated forensic laboratory for POCSO Act cases.

By the above suggestions, it was clear that the basic cause of delay in winding up the investigations is the receipts of forensic reports from the laboratories. Therefore, to overcome this, it was directed that existing forensic laboratories in each state will function effectively and the reports should be sent promptly, without any delay.

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CONCLUSION:

The PIL plea was filed under the title, ‘In- re alarming rise in the number of reported child rape incidents.' This was instituted in court's records stating 24,212 FIR's were filed across India from 1^st January to 30^th June this year. The SC ordered to set up exclusive special courts for trial of POCSO cases to ensure speedy and effective trials.  The bench comprising of CJI and other judges said that the center would appoint trained sensitized prosecutors and support persons to deal with concerned cases and also directed to submit timely submission of forensic reports. The court had put up the matter for hearing on November 26 this year.