Justice eludes abused children as low conviction hobbles POCSO cases

Kollam: Increasing number of child abuse cases is a bane of our society. There is no let-up in such bestial conduct despite stringent law and fast-track special courts to deal with such cases. Out of 4,586 cases registered in Kerala under the Protection of Children from Sexual Offences (POCSO) Act last year, punishment was meted out only in just eight! The figures from 2019 reveal that the conviction rate in POCSO cases is just 1.9 percent.

The figures obtained from the State Crime Records Bureau via Right to Information (RTI) replies are startling. Though 3,640 POCSO cases were reported in the state in 2019, the courts convicted and meted out punishment only in 150 cases. Similarly, in 2020, a total of 3,056 cases were lodged but the accused got convicted only in 88 cases. And in 2021, the court awarded punishment to the accused only in 47 out of the 3,559 cases.

While the law mandates the completion of trial in POCSO cases within one year of registering them, it is rarely implemented on the ground.

And worse, the accused in a majority of such cases walk away scot-free due to a string of reasons from delay in lodging the charges to piling of the cases in courts for years altogether.

Long pendency
Thousands of POCSO cases are pending before special courts in the State, prolonging the survivors’ wait for justice. Out of the total 14,841 cases registered in the last four years, as many as 12,121 are still pending trial.

In many cases, the accused manage to reach an out-of-court settlement, there by escaping punishment. Often the accused are relatives or persons close to the abused child’s family.

The lack of adequate facilities to rehabilitate the survivors is another worry. Several children continue to languish at Nirbhaya homes for over 10 years, either due to huge delays in the case trial or unfavourable situations that bar them from returning to their houses.

Currently, Kerala has 56 Fast-Track Special POCSO courts, while the nod for setting up an additional 28 courts was obtained last December.