Faster is not fairer in POCSO case clearance numbers

UPSC Syllabus GS-2: Welfare schemes for vulnerable sections of the population by the Centre and States and the performance of these schemes; Mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections.

Introduction

India achieved a 109% disposal rate in POCSO cases in 2025 through fast track special courts, closing more cases than were newly registered. This achievement is widely projected as progress against child sexual abuse. However, the experience on the ground shows that faster disposal has coincided with falling conviction rates, weak investigations, delayed support systems, and sustained hardship for child survivors and their families.

POCSO Framework

The POCSO Framework was established by the POCSO Act, 2012 to protect children below 18 years from sexual abuse, assault, harassment, and pornography. It provides child-friendly and gender-neutral procedures for reporting, investigation, and trial of offences.

The framework also ensures strict punishment for offenders, institutional responsibility, victim support, and a dignity-based, trauma-free justice process through Special Courts..

Key Components of the POCSO Framework

1. Clear Definition of Child: The Act defines a child as any person below 18 years, creating a uniform and non-negotiable protection threshold.
2. Wide Spectrum of Offences: It criminalises penetrative sexual assault, non-penetrative sexual assault, sexual harassment, and use of children for pornography, including aggravated forms.
3. Enhanced Punishments (2019 Amendment): Minimum punishment for penetrative sexual assault increased to 10 years; for victims below 16 years, punishment ranges from 20 years to life imprisonment. Death penalty introduced for extreme aggravated offences.
4. Mandatory Reporting Obligation: All persons, including teachers, doctors, and institutions, must report suspected offences. Failure to report is punishable.
5. Child-Friendly Investigation Procedures: Statements must be recorded in a non-intimidating environment, preferably at the child’s residence, ensuring dignity and emotional safety.
6. Special Courts for Speedy Justice: Dedicated Special POCSO Courts are mandated to ensure time-bound and sensitive trials.
7. Protection of Child’s Identity: Strict confidentiality provisions prohibit disclosure of the child’s identity by media or authorities.
8. Gender-Neutral Protection: The law applies equally to all children, irrespective of gender, recognising diverse victim profiles.
9. Time-Bound Trial Framework:,Evidence recording should occur within 30 days, and trials should ideally conclude within one year to reduce secondary trauma.

What are the shortcomings in the working of the POCSO Act?

1. At the Trial Stage: The challenges at this stage include:

• Lack of Special Courts in all districts.
• Lack of Special Public Prosecutors for Special Courts.
• Non-compliance with the timelines prescribed by the Act.

2. At the Post-Trial Stage: While final compensation may find a mention in the sentence order, interim compensation finds no mention in any orders of the Special Courts. Often the disbursal of compensation is delayed.
3. Hurdles in implementation: There are several hurdles:

• The slow pace of designation of Special Courts.
• Delay in investigation and filing of chargesheets.
• Non-appointment of support persons for child victims.
• Delay in disposal of POCSO Cases.

4. Pendency of Cases: The pendency of POCSO cases has reached 85% in 2020.
5. Legal Aids Create Nuisance: Many legal aids add extra information to make the case stronger. Many times false information is added in the complaint. This only creates issues in the moving forward of the case.
6. Inadequate awareness about the POCSO Act: A 2020 study on Child Sexual Abuse Awareness and Attitudes by World Vision India found that only 35% children and 32% caregivers were aware about the POCSO Act. The awareness varied across urban, rural and tribal areas with tribal areas being the least aware.
7. Inadequate Training of Various Stakeholders: Child Protection System involves a lot of stakeholders like Private and Government Medical Practitioners, Juvenile Justice Boards, Law Enforcement Officials (Police), Judges, Public Prosecutors etc. All stakeholders should be aware of their own as well other stakeholders’ responsibilities. At present, there is lack of adequate training for many stakeholders e.g., Private medical practitioners are usually the first point of contact for child victims but no mandatory training is provided to enable them to handle cases of child sexual abuse effectively.

Expansion of Fast Track Courts For POCSO case

1. Growth of fast track courts: India currently operates 773 fast track special courts, with 400 dedicated to POCSO cases. These courts were launched in October 2019 with ₹1,952 crore from the Nirbhaya Fund.
2. Disposal performance: By September 2025, these courts disposed of 3,50,685 cases. They handle an average of 9.51 cases per month, compared to 3.26 cases in regular courts.
3. Perception of backlog reduction: Higher disposal rates have created the impression that pendency is being resolved. This perception focuses on numbers closed rather than quality of outcomes delivered.

Major concern related to Expansion of Fast Track Courts For POCSO case

1. Decline in conviction rates: Conviction rates fell from 35% in 2019 to 29% by 2023. With rising disposal rates, convictions should have increased, but they instead dropped sharply.
2. Fast track courts underperform on outcomes: Fast track courts record an average conviction rate of only 19%. In several States, acquittals exceed convictions, showing that speed has weakened case strength.
3. Hasty investigations and delayed forensics: Investigations are rushed, charge sheets remain incomplete, and forensic reports are delayed. These weaknesses are prominent in heavily burdened courts.
4. Lack of child-specific support during trials: Children require trained support persons, sensitive police handling, and continuous care during trials. When these systems remain absent, cases weaken and survivors disengage.
5. Non-implementation of support person system: Section 39 of the POCSO Act requires support persons for child survivors. The Supreme Court mandated their appointment in 2021, and detailed guidelines were issued in 2024 by the National Commission for Protection of Child Rights, yet several States have not empanelled them, causing cases to collapse before trial.
6. Absence of para-legal volunteers at police stations: Most police stations still lack para-legal volunteers for POCSO cases. Andhra Pradesh has PLVs in only 42 of 919 police stations, while Tamil Nadu has none across 1,577 stations. As a result, in many cases families approach police stations alone, face pressure, and struggle to register cases promptly.
7. Problematic judicial practices: Courts have sometimes diluted convictions after accused offered marriage to survivors once they became adults. Such practices push survivors into lifelong ties with abusers.
8. Delayed and ineffective compensation: Although interim compensation is legally allowed, courts often wait for final verdicts. Survivors receive support years later, when education and income losses are already irreversible.
9. Economic burden on families: Marginalised families borrow money for travel and legal expenses. Daily wage earners lose work, and caregivers leave jobs, while state relief remains inadequate.

Conclusion

The expansion of fast track courts has improved disposal numbers but weakened justice outcomes under the POCSO framework. Falling convictions, poor investigations, missing support systems, delayed compensation, and high family costs show that speed alone cannot protect children. Justice must be measured by accountability, care, and outcomes, not by clearance statistics.

Question for practice:

Examine how the expansion of fast track courts under the POCSO Act has increased case disposal rates but weakened conviction outcomes and child protection support mechanisms.

Source: The Hindu