SC has directed HCs to set up panels to monitor POSCO Act trials

Why in News?
  • Supreme Court directed High Courts to set up panels of its judges to regulate and monitor trials under the Protection of Children from Sexual Offences (POCSO) Act.
Backdrop of the NEWS
  • High rate of pendency of child sexual assault cases under POCSO.
  • States such as Uttar Pradesh have over 30,000 cases pending despite the child protection law coming into existence as early as 2012.
  • Many States have not yet even set up Special Courts to try POCSO cases as mandated by the law.
  • In February, a three-judge Bench led by Chief Justice of India Dipak Misra found the implementation of POCSO in a shambles and decided to review the issue.
  • The Bench was hearing the case of rape of an eight-month-old child in the National Capital.The PIL petition filed by Alakh Alok Srivastava said child rapists should be awarded the death penalty.
Recent Ordnance by the government
  • The government recently promulgated an ordinance allowing courts to pronounce death penalty to those found guilty of raping children up to 12 years of age.
  • It warrants investigation to be completed in two months and courts to dispose of appeals in six months, ensuring speedy justice to victims.
SC order
  • The Bench issued a series of directions which supplement the ordinance.
  • The State police chiefs should constitute special task forces to investigate cases.
  • High Courts should ensure that they are tried and disposed of by the designated Special Courts under the Act.
  • POCSO judges will give no adjournments and make every effort to fast-track trial.
  • Witnesses should be produced in court on the day of the hearing .
  • High courts should make every effort to provide a child-friendly atmosphere in tune with the spirit of the Act.
 
 
 
Posted by Jawwad Kazi on 2nd May 2018