Supreme Court Reserves Judgment In Suo Motu Case Over Child Rape Cases; Amicus Flags Lack Of Special POCSO Courts In Many States

The Supreme Court (May 7) today reserved judgment in a 2019 suo moto proceedings initiated in relation to addressing the systematic flaws under the Protection of Children from Sexual Offences (POCSO) Act, 2012.

A bench of Justice Bela M. Trivedi and Justice PB Varale was hearing the matter. Today, amicus and Senior Advocate Uttara Babbar submitted that the Court has, from time to time, passed various directions in regard to and for establishing special POCSO courts for speedy justice, appointment of Special Prosecutors, training persons associated with the process etc. The Court has been monitoring compliance with these directions. She particularly requested that the Court continue to monitor the issue of States failing to establish Special POCSO Courts as per the Court's 2019 order. 

On the last occasion, the Court expressed that the matter should be put an end to as it was initiated in 2019 when the situation was different, but now the situation has improved. 

Particularly, on the issue of establishing Special POCSO Courts, Justice Bela has time and again said that establishing courts will not solve the problem when the main concerns lie in the fact that the country doesn't have enough judges. She said: "Our courts are trying level best but there are no judges. There is no pointing in establishing courts when they are not manned by judges. Even in regular cases, we are not able to deal with. Special Acts are being enacted saying oh, there shall be special courts for like but only regular judges are conducting the special courts..We are short of judges. This is a hard reality. "

Babbar listed the States which have fallen short in terms of the requirement of Special POCSO Courts in each State as per the 2019 order. The States which are lacking in Special POCSO Courts are:

1. Andhra Pradesh, Bihar, Chhattisgarh, Jharkhand, Madhya Pradesh- 5 Courts 

2. Kerala- 8 Courts 

3. Odisha- 17 Courts 

4. Bihar- 18 Courts

5. Maharashtra- 19 Courts

6. Tamil Nadu- 36 Courts 

7. West Bengal- 53 Courts 

One of the advocates mentioned that they have filed an impleadment application in the All India Judges matter, in which the Court has ordered the establishment of a Special Court under certain provisions of law. He added that if such courts were created, there would be no one to manage the general courts. Notice has been issued, but the matter is yet to be heard.

When the Court inquired with the respective counsels of the State, it didn't get the response desired. Most counsels prayed that they would respond after seeking instructions. On this, Justice Bela said: "This matter is adjourned from time to time to allow you to take instructions." 

Case Details: IN RE ALARMING RISE IN THE NUMBER OF REPORTED CHILD RAPE INCIDENTS|SMW(Crl) No. 1/2019

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