Shillong: A new report has warned that Meghalaya may need at least 21 years to clear the backlog of cases pending under the Protection of Children from Sexual Offences (POCSO) Act as of January 2023.
The report, titled “Justice Awaits: An Analysis of the Efficacy of Justice Delivery Mechanisms in Cases of Child Sexual Abuse in India,” was released by the India Child Protection Fund (ICPF). It found that even if no new cases are added to the current list, the country will need at least nine years to clear the backlog of more than 2.43 lakh POCSO cases pending in fast-track special courts (FTSCs). This is despite the central government’s robust policy and financial commitment towards tackling child sexual abuse.
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In 2022, the national conviction rate for POCSO cases was a mere 3%, highlighting the urgent need for improvement in the justice system. Some states, like Arunachal Pradesh and Bihar, may need more than 25 years to clear their backlog of cases.
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The findings of the report raise serious concerns about the efficacy of the Indian judiciary in handling child sexual abuse cases. Despite the landmark decision in 2019 to set up fast-track special courts to expedite the trial process, the system continues to fail victims. The government has also pumped in crores of rupees to ensure justice for every child, but the results remain disappointing.
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The report further states that Arunachal Pradesh would take 30 years to clear its POCSO backlog, while Delhi, West Bengal, Meghalaya, Bihar, and Uttar Pradesh would take 27, 25, 21, 26, and 22 years respectively.
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These delays are unacceptable, especially considering the severe trauma experienced by child sexual abuse victims. The fast-track courts, set up in 2019, were mandated to complete trials within one year. However, out of the 2,68,038 cases under trial, only 8,909 resulted in conviction. This highlights the glaring gap between the legal mandate and the reality on the ground.
Despite these challenges, the central government has recently approved the continuation of FTSCs as a centrally sponsored scheme till 2026 with a budgetary allocation of over Rs. 1,900 crore. The report, however, reveals that each FTSC disposes of only 28 cases per year on average. This translates to an expenditure of around Rs. 9 lakh per conviction, raising questions about the efficiency and effectiveness of the scheme.
The report is based on data from the Ministry of Law and Justice, the Ministry of Women and Child Development, and the National Crime Records Bureau.