Despite the establishment of fast-track and special courts by the state government to expedite trials under the Protection of Children from Sexual Offences (Pocso) Act, a significant backlog of cases is causing delays in delivering justice to victims. Some cases have been pending since 2010, despite the enactment and enforcement of the Pocso Act in 2012. Delays have even compelled victims to retract their statements.
As of July 31, 2023, there are 8,506 pending Pocso cases across the state, with Thiruvananthapuram courts having 1,384 cases and Ernakulam following closely with 1,147 cases. The prolonged process of issuing forensic reports and appointing special prosecutors is a major contributor to this backlog, according to experts.
T Asaf Ali, former director general of prosecution, emphasized that trial delays can result in the loss of evidence due to victims’ deaths or the unavailability of key witnesses. Simply establishing new courts and changing working hours won’t suffice to reduce this backlog. One of the primary reasons for delays is the lack of training among lower court judicial officers. Ali suggested utilizing retired judges to help expedite cases.
To address the issue, the home department has formed a committee responsible for monitoring trial progress and disposal rates. This committee will compile monthly statistics and present them to High Court judges overseeing each district. Out of the 56 sanctioned courts, 54 are operational, and measures have been taken to prevent delays in forensic lab reports.
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