Kerala High Court flags poor facilities in POCSO courts after judges visit; asks State to act

The Kerala High Court recently raised concerns over inadequate facilities in courts dealing with cases under the Protection of Children from Sexual Offences (POCSO) Act [District Bar Association & anr v State of Kerala & ors]

A Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar VM visited the courts only to find that most of them did not confirm to the prescribed guidelines under the POCSO Act.

while hearing a Public Interest Litigation (PIL) on September 23, directed the state government to take immediate steps to bring such courts in line with POCSO guidelines.

"During the visit to the District Courts, we found that most of the POCSO courts do not conform to the guidelines specified under the POCSO Act. The facilities are also inadequate," the Court observed.

Therefore, it directed the State government to take immediate steps to bring such courts in line with POCSO guidelines.

The Bench also directed the Registrar (District Judiciary) to file an affidavit specifying the number of additional courts required to deal with POCSO cases in Kerala.

"The affidavit shall indicate the courts trying the POCSO cases, but not conforming to the POCSO guidelines. Immediate steps should be taken to ensure that those courts conform to POCSO guidelines, and if there is any inadequacy of space, the State Government shall move to provide suitable rooms with all infrastructure for functioning of the POCSO courts in conformity with the guidelines," the Court said in its order.

The Court was hearing a public interest litigation (PIL) petition filed by District Bar Association flagging functioning of POCSO courts in the State.

During the hearing, senior counsel Ranjith Thampan, appearing for the petitioners, highlighted the issue of appointing Public Prosecutors exclusively for POCSO courts

He relied on the Supreme Court's decision in Alarming Rise in the Number of Reported Child Rape Incidents, In Re), in which States were directed to appoint exclusive public prosecutors in courts set up exclusively for POCSO cases and stated that the state government had failed to comply with this requirement.

The High Court asked the Director General of Prosecution (DGP), T Asaf Ali, to consider the directions stipulated in Para 10 of the Supreme Court's decision which called for specialised training for such prosecutors, including in law, child psychology, child behaviour, health issues etc., and to make submissions on the issue at the next hearing.

The matter will be heard next on October 14.

[Read Order]