Supreme Court issues directions on fast-tracking child sexual abuse cases

A bench headed by Chief Justice Dipak Misra considered a report produced by lawyer Alakh Alok Srivastava and said that 30,884, 16,099 and 10,117 cases under the Protection of Children from Sexual Offences (POCSO) Act, were pending at different stages of trial in Uttar Pradesh, Maharashtra and Madhya Pradesh respectively.

The bench, also comprising Justices AM Khanwilkar and DY Chandrachud, felt the need of issuing directions to ensure that the mandate of the POCSO Act with regard to speedy probe and trial was complied with in letter and spirit.

"The High Courts may constitute a committee of three Judges to regulate and monitor trials of cases under the POCSO Act," the top court directed.

"The High Courts of all the states would see that the cases registered under the POCSO Act, as prescribed under the Act, are heard and decided by special courts," it said, adding that such courts "may be assigned" to deal with such cases exclusively.

It also asked the High Courts to issue a direction to special court judges not to grant adjournments during the trial of child abuse cases.

The top court also directed the Director General of Police (DGPs) or police officer of same rank of all states and UTs to ensure that probes in POCSO cases were conducted expeditiously and the witnesses produced in the courts for recording of testimonies.

It also asked the High Courts to ensure that the proceedings in such cases were conducted in "child-friendly" atmosphere in the trial courts.

With these directions, the bench disposed of the PIL filed by Srivastava in his personal capacity in a sensational case relating to the brutal rape of a 8-month-old child allegedly by her 28-year-old cousin on January 28 in a locality near Netaji Subhash Place in north-west Delhi.

The bench asked the Centre to ensure that the infant victim, who had to undergo two corrective surgeries after the rape, got proper medical care if the need arose in future too.

On April 20, the government had told the apex court it was actively considering amending the penal law to introduce death penalty to those convicted of sexually abusing children up to 12 years of age.

A day after, the Union Cabinet approved the ordinance to provide stringent punishment, including death penalty, for those convicted of rape of girls below 12 years.

The move of the Centre had come after a public outcry for award of death penalty to such sexual offenders, including the assaulters of an 8-year-old girl who was gang raped and killed at Kathua district of Jammu and Kashmir recently.

Srivastava, in January this year, had moved the top court seeking general reliefs for child victims across the country and specific reliefs for the baby victim of the case.

The girl child had developed health conditions and underwent emergency corrective surgeries. The PIL had sought reliefs like proper medical care of the victim at AIIMS and award of Rs 10 lakh as interim compensation.

It also sought provision of death penalty in such cases and framing of guidelines that investigation and that trial of cases involving rape of children below 12 years of age under POSCO Act, be completed in six months from the date of registration of the FIR.

The top court, which had said it cannot direct Parliament to amend the law had however asked the Centre to give details of pending cases of sexual assault against children across the country for taking a "national view" with an aim to figuring out how such trials could be fast-tracked. 

The Centre had informed the court that the victim girl has been provided the due medical care and an FIR has been registered leading to arrest of her cousin who had already confessed to the crime before the police. The police had said the accused had confessed to raping the baby under the influence of liquor.