KOCHI: A writ petition was filed in the Kerala High Court on Wednesday seeking a directive to set up special courts in all districts as envisaged under section 28 (1) of the Protection of Children from Sexual Offences (POCSO) Act.
The petitioner, E V Sasidharan Pillai, general secretary, Alappuzha District Parents’ Association for Mentally Handicapped Children, said despite the statutory stipulation which said every district should have an exclusive POCSO court, such a body has been created only at Ernakulam, Thiruvananthapuram and Kozhikode.
However, the District Courts have been designated as POCSO Courts in the other districts. Their disposal and pendency rates are saddening. There has been a steady increase in the number of cases filed under the POCSO Act since it was brought into force in 2012, adding to the heavy pendency.
As per the section 28 (1) of the POCSO Act, the state governments should, in consultation with the Chief Justice of the High Court, designate a Sessions Court to be a Special Court to try offences under the POCSO Act to facilitate speedy trial.
However, as per section 28 (2), if a Sessions Court has been already notified as a Children’s Court under the Commission for Protection of Child Rights Act, 2015, or if any other Special Court has been designated for similar purposes under any other law, it can be considered as a Special Court under POCSO Act.
The delay in setting up special courts delays disposal of cases and compromises heavily on the privacy of the children who approach the court, as victim or perpetrator.