Zero conviction under Pocso Act in Kerala

Times of India: Kochi: Saturday, August 02, 2014.

Enactment of Protection of Children from Sexual Offences (POCSO) Act, 2012, was expected to deter increasing victimisation of children in Kerala. However, data from National Commission for Protection of Child Rights (NCPCR) tells a startling story: there has been zero conviction.

In eight months from November 2012 to June 2013, police in Kerala filed 596 FIRs that included provisions of Pocso Act and in 419 cases charge sheet was filed. However, there were three acquittals and no conviction. This was revealed by NCPCR under Right to Information (RTI) Act on June 26, 2014.

Explaining the possible reason for this Kerala State Commission for Protection of Child Rights member and in-charge of the commission's POCSO cell, Sandhya J said, "Though the Pocso Act stipulates that there has to be a special court in each district for trail of offences under it, in Kerala there is only one such court in Ernakulam district. In other districts, the matter is heard by the principal sessions judge who has to deal with umpteen number of trials".

"The data reveals that the very purpose of the Act is yet to be achieved. There has been very few convictions and pendency of cases is high," said advocate DB Binu, who sought the information under RTI Act.

Amidst concern that delay in trial affects children in the long run and defeats the very purpose of the Act, KSCPCR recently wrote to the chief justice of Kerala high court requesting that, "until a special court is set up in each district, there is need to identify courts that have less number of cases in each district and notify them to deal with cases under the Pocso Act". Nothing has changed so far.

Interestingly, maximum conviction under the Act happened in Madhya Pradesh, where 65 accused were convicted, followed by Haryana (46) and Punjab (29). Maximum number of cases under Pocso Act was registered in Rajasthan (936), followed by Maharashtra (926) and Uttar Pradesh (869). POSCO Act aims at protecting children from offences of sexual assault, sexual harassment and pornography and provides for establishment of special courts for trial of such offences and related matters.