The Supreme Court has issued a directive for the central government to establish special courts focused solely on cases under the Protection of Children from Sexual Offences (POCSO) Act. These are to be implemented in every district across the country with more than 100 pending child abuse and sexual assault cases. This move is part of a Central scheme, which will be entirely funded by the Centre.
Appointment of Specialized Personnel
The directive also requires the Centre to appoint prosecutors and support persons who have undergone specialized training and sensitization to handle POCSO cases. These cases involve crimes against minors, necessitating their careful handling with sensitivity and expertise.
Quick Forensic Reports
The Supreme Court has further instructed all states to ensure that Forensic Sciences Laboratories (FSL) expedite the process of releasing test reports in POCSO cases. Speedy delivery of forensic results is crucial in determining the course of these cases.
NCPCR and Data Collection: Current State and Challenges
The Supreme Court has observed that the National Commission for Protection of Child Rights (NCPCR), the body mandated to monitor the enforcement of the POCSO Act, lacks comprehensive data on POCSO cases across the country. At present, the NCPCR operates using an outdated data collection format. It lists only the number of nodal officers, special courts, and special prosecutors state-wise. It also provides information whether a victim has received compensation. However, it fails to collect or maintain data on the number of district-wise POCSO cases reported to the police or courts. Moreover, it does not provide any disaggregated data according to the various sections of the POCSO Act.
In 2018, the NCPCR initiated the development of a new online tool for data collection, but this portal is still in the testing phase.
Pending POCSO Cases
There are close to 1.5 lakh cases pending under the POCSO Act. Out of these, Uttar Pradesh tops the list with more than 44,000 cases, followed by Maharashtra with over 19,000 cases. Data from the National Crime Records Bureau indicates that about 89% of the total cases before the courts in 2016 were pending trial, while the pendency rate at the police investigation stage was 31%.
| State | Number of Pending Cases |
|---|---|
| Uttar Pradesh | 44,000+ |
| Maharashtra | 19,000+ |
About NCPCR
The National Commission for Protection of Child Rights (NCPCR) was established in March 2007 as a statutory body under the Commission for Protection of Child Rights Act, 2005. Its main aim is to protect, promote, and defend child rights in India. Among its responsibilities under the POCSO Act, NCPCR has been tasked with monitoring the implementation of the Act’s provisions, overseeing the designation of Special Courts by state governments, regulating the appointment of public prosecutors by state governments, and keeping track of the formulation of guidelines as described in the Act by state governments.