CHENNAI: Although better awareness and reporting of child sexual abuse cases under the Pocso Act has led to an increase in reported cases by 52% in Tamil Nadu, justice remains elusive for children as thousands of cases are pending in the courts and police investigations.
Activists stressed the need to address the rising number of acquittals and the overwhelming backlog of cases. The Supreme Court mandates exclusive Pocso courts in districts where pending cases exceed 100. Currently, 19 districts in TN have Pocso courts, with plans to establish two more.
Yet, in many districts such as Salem and Madurai, the number of pending cases exceeded 500 in 2022, while Chennai had over 600 pending cases. With the surge in reported cases - 4,581 in 2023 and 6,975 in 2024 - the backlog is likely to have worsened. Activists argued that additional courts must be set up in districts where the caseload is high.
The rate of police disposal of cases is also a concern, with chargesheets filed in 3,258 (65.5%) out of 4,968 cases in 2022 and in 2,418 (54.14%) out of 4,465 cases in 2021.
There are also gaps in the police investigation in several cases. Police officers are often unaware of which cases require forensic analysis, leading to nearly 30% of evidence being sent unnecessarily to courts, said sources. In some instances, police have even purchased new clothes for a child and sent them for forensic examination as they were unaware that they were required to submit clothes worn by the child at the time of the incident.
“There has been no comprehensive review of Pocso cases since the Act came into force. The government should ensure district-wise case assessments and release the data periodically,” said A Devaneyan, a child rights activist. He also advocated for a dedicated police wing for child-related cases and a designated officer, as done under the SC/ST Atrocities Act, to oversee investigations, expedite case resolutions and build stronger cases to prevent acquittals.
In 2022, while the state got 603 convictions, 1,626 cases ended in acquittals. In 2023, the number of convictions rose slightly to 655, but acquittals surged to 2,191. A former Mahila Court judge noted that the conviction rate drops as cases drag on. “For cases completed within a year, the conviction rate is 80%, but it declines with each passing year as victims and their families lose the will to fight,” the ex- judge said.
Activists said there is an urgent need to strengthen support for children in Pocso cases and implement preventive measures. This includes ensuring the effective functioning of Village-Level Child Protection Committees, improving coordination between departments, and engaging NGOs.
“In many cases, support persons are not assigned to children and their families. Having a support person ensures that families stay informed about legal proceedings and receive necessary assistance to expedite cases. The District Child Protection Unit, police, and prosecutors must collaborate to ensure these measures are properly implemented and monitored,” said Stegana Jency, Director of Centre for Child Rights and Development.
Activists also mentioned that while the Directorate of Child Welfare and Special Services had planned to facilitate the filing of appeals in higher courts by identifying two acquittal cases from each district, it is unclear whether the initiative is being implemented.
Asked about plans to increase the number of Pocso courts, a senior official said discussions are underway to analyse case volume in each jurisdiction and reassess requirements for additional courts. He added that the department is closely coordinating with the Pocso and Juvenile Justice Committees of the high court to facilitate district-level judicial reviews to improve convictions.
“Collectors were asked to monitor progress of Pocso cases. Efforts are being made to address gaps in investigation and prosecution to ensure cases are represented effectively in court. As part of this, training on forensics is being conducted for DCPOs and Special Juvenile Police Units,” the official said.