Two-year TN plan to increase POCSO convictions

CHENNAI: In order to improve conviction rate in cases filed under the Protection of Children from Sexual Offences (POCSO) Act that came into effect in 2012, the State government has planned to implement a two-year project and develop a Tamil Nadu model to reduce acquittals in such cases.

According to data available from 2012 to June 30, 2022, a total of 20,829 cases have been filed under the Act since 2012. Of these, 8,190 cases have reached conclusion with 1,490 convictions and 5,631 acquittals. While trial is on in 8,681 cases, more than 3,500 cases are under investigation or yet to be taken up for trial..

The initiative, which aims to strengthen prosecution in POCSO cases and give justice to victims, will be implemented with the support of Tamil Nadu Alliance and International Justice Mission. The project envisages a three-pronged approach to build capacity, create Standard Operating Procedures (SOPs) and directives to fix gaps, and file appeals to get authoritative judicial interpretations of law and set precedents.

Under capacity building initiative, the Department of Social Welfare and Women Empowerment will organise training programmes for stakeholders including police, public prosecutors, officials of the departments of social welfare and social defence, government doctors, and forensic officials on procedures to be followed in POCSO cases.

Special training will also be provided in institutes that train various government officers. Manuals will be prepared periodically for police personnel on POCSO case investigation and on government orders and directives issued in the matter for village administrative officers, deputy superintendent of police, child welfare committees, and other stakeholders. There will also be a victim-protection scheme to prevent victims turning hostile during trial.

The project will also facilitate filing of appeals by victims in high court. Two cases of acquittals from each district will be identified for this. This will also help in setting precedents and help strengthen the prosecution process.

An activist, who works with victims of child sexual abuse, said she is dismayed by the “usual superficial way of looking at issues rather than understanding the nuances that create a situation in which justice becomes elusive. The major bottleneck is the number of POCSO cases pending trial. So, the concentration should be on addressing judicial procedures,” the activist said. Also, there is no mention of how to deal with so-called Romeo & Juliet cases (consensual adolescent relationships or elopements) that form a significant number of POCSO cases, the activist said. 

P Bala Murugan of Tamil Nadu Alliance said, “One of the major reasons for high number of acquittals is because several cases of  relationship among minors are booked under POCSO Act. A minor can’t give consent under the Act. We must consider how to deal with such cases in the long run. This report is a two-year plan to prevent acquittals and fill legal gaps.” 

Social defence department officials said providing speedy justice and timely compensation will be the main focus. “After POCSO compensation fund was entrusted with the social defence department in 2020, we have distributed Rs 11 crore to victims. We have received a grant of Rs 7 crore recently which will be provided to 380 victims,” an official said.

CHENNAI: In order to improve conviction rate in cases filed under the Protection of Children from Sexual Offences (POCSO) Act that came into effect in 2012, the State government has planned to implement a two-year project and develop a Tamil Nadu model to reduce acquittals in such cases. According to data available from 2012 to June 30, 2022, a total of 20,829 cases have been filed under the Act since 2012. Of these, 8,190 cases have reached conclusion with 1,490 convictions and 5,631 acquittals. While trial is on in 8,681 cases, more than 3,500 cases are under investigation or yet to be taken up for trial.. The initiative, which aims to strengthen prosecution in POCSO cases and give justice to victims, will be implemented with the support of Tamil Nadu Alliance and International Justice Mission. The project envisages a three-pronged approach to build capacity, create Standard Operating Procedures (SOPs) and directives to fix gaps, and file appeals to get authoritative judicial interpretations of law and set precedents. Under capacity building initiative, the Department of Social Welfare and Women Empowerment will organise training programmes for stakeholders including police, public prosecutors, officials of the departments of social welfare and social defence, government doctors, and forensic officials on procedures to be followed in POCSO cases. Special training will also be provided in institutes that train various government officers. Manuals will be prepared periodically for police personnel on POCSO case investigation and on government orders and directives issued in the matter for village administrative officers, deputy superintendent of police, child welfare committees, and other stakeholders. There will also be a victim-protection scheme to prevent victims turning hostile during trial. The project will also facilitate filing of appeals by victims in high court. Two cases of acquittals from each district will be identified for this. This will also help in setting precedents and help strengthen the prosecution process. An activist, who works with victims of child sexual abuse, said she is dismayed by the “usual superficial way of looking at issues rather than understanding the nuances that create a situation in which justice becomes elusive. The major bottleneck is the number of POCSO cases pending trial. So, the concentration should be on addressing judicial procedures,” the activist said. Also, there is no mention of how to deal with so-called Romeo & Juliet cases (consensual adolescent relationships or elopements) that form a significant number of POCSO cases, the activist said.  P Bala Murugan of Tamil Nadu Alliance said, “One of the major reasons for high number of acquittals is because several cases of  relationship among minors are booked under POCSO Act. A minor can’t give consent under the Act. We must consider how to deal with such cases in the long run. This report is a two-year plan to prevent acquittals and fill legal gaps.”  Social defence department officials said providing speedy justice and timely compensation will be the main focus. “After POCSO compensation fund was entrusted with the social defence department in 2020, we have distributed Rs 11 crore to victims. We have received a grant of Rs 7 crore recently which will be provided to 380 victims,” an official said.