A recent inspection of courts handling cases under the Protection of Children from Sexual Offences (POCSO) Act has prompted the Kerala High Court to call for immediate improvements in infrastructure and courtroom facilities.
A Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar VM visited district courts while hearing a public interest litigation concerning the functioning of POCSO courts across Kerala. The Bench found that most of the courts inspected were not meeting the requirements prescribed under the POCSO framework.
The Court noted that several facilities were inadequate and directed the State government to take prompt measures to ensure that POCSO courts comply with the applicable guidelines.
The Bench also asked the Registrar (District Judiciary) to submit an affidavit identifying the courts that are currently handling POCSO matters without meeting the prescribed standards.
The affidavit must also set out the number of additional POCSO courts required across the State.
Where existing courts lack sufficient space, the High Court directed the government to provide separate and suitably equipped rooms so that proceedings can be conducted in accordance with the statutory requirements.
The proceedings arose from a petition filed by the District Bar Association, which raised concerns regarding the functioning of POCSO courts in Kerala.
During the hearing, the petitioners also raised the issue of appointing dedicated Public Prosecutors for courts exclusively dealing with POCSO cases. Reliance was placed on directions issued by the Supreme Court in Alarming Rise in the Number of Reported Child Rape Incidents, In Re, which called for exclusive prosecutors in dedicated POCSO courts.
The High Court subsequently asked the Director General of Prosecution, T Asaf Ali, to examine the Supreme Court’s directions concerning specialised training for prosecutors handling such matters.
The training requirements referred to by the Bench include areas such as POCSO law, child psychology, child behaviour and health-related issues.
The matter has been listed for further consideration on October 14.
