Express News Service
KOCHI: Though the state authorities has established fast-track and particular courts to make sure speedy trial in instances underneath the Protection of Children from Sexual Offences (Pocso) Act, the massive backlog of instances is delaying justice for victims.
There are three instances for which trial has been pending since 2010. These have been introduced underneath the Pocso Act when it was enacted and enforced in 2012. There have additionally been cases the place delays have resulted in victims being compelled to backtrack.
According to the Home Department, 8,506 instances are pending earlier than courts throughout the state as of July 31, 2023. Of these, 1,384 are with Thiruvananthapuram courts, Ernakulam a detailed second with 1,147 instances. The long-drawn strategy of issuing forensic experiences and appointing particular prosecutors is primarily contributing to the backlog, say specialists.
There are too many courts, however just a few victims get justice, famous former director common of prosecution T Asaf Ali. “Trial delays will lead to disappearance of evidence by way of death of victims or non-availability of material witnesses. Establishing new courts and change of working hours alone will not reduce pendency. The lack of training of judicial officers of lower courts is one of the main reasons. It is desirable to utilise the services of retired judges to reduce pendency,” he mentioned.
The dwelling division has constituted a committee to watch trials and disposal charges. The panel will compile month-to-month statistics and submit them earlier than HC judges who’re accountable for every district. Of the 56 sanctioned courts, 54 have began functioning. A directive has additionally been issued to make sure that forensic lab experiences aren’t delayed.
Court timings should be reworked: HC lawyer
“The HC, through maximum monitoring, and the state government, through strenuous efforts, are attempting to comply with statutory mandates of trying pocso matters in a timebound manner,” mentioned Kerala State Legal Service Authority’s Victim Rights Centre (VRc) challenge coordinator Parvathy Menon.
“We have been witnessing a large number of cases where the survivor and their families go on the back foot due to severe pressure from the accused, families and social circles. Such pressure is all the more when perpetrators are within the family. In cases where survivors are not institutionalised, families either send survivors abroad or victims are pressured by family and peers to withdraw cases. The family often sends survivors abroad either with the good intention of helping them outlive the trauma or to avoid social policing which could be more traumatic. In these attempts to ‘settle’ the matter, cases get prolonged,” she mentioned.
“We need more judges. Moreover, court timings need to be reworked. Though specific officers handle pocso offences in police stations, investigation in such cases can be speeded up if they are separated from those handled by the regular law and order wing,” mentioned Raghul Sudheesh, lawyer with Kerala High court docket.
The dwelling division has adopted steps to expeditiously eliminate instances of victims residing in youngsters’s and Nirbhaya properties and comparable establishments. The presence of investigating officers and witnesses for clean conduct and speedy disposal of instances shall be ensured.
To keep away from undue delay attributable to non-appointment of prosecutors, the federal government has issued instructions to nominate public prosecutors and particular public prosecutors and accord them coaching on the district stage.
KOCHI: Though the state authorities has established fast-track and particular courts to make sure speedy trial in instances underneath the Protection of Children from Sexual Offences (Pocso) Act, the massive backlog of instances is delaying justice for victims.
There are three instances for which trial has been pending since 2010. These have been introduced underneath the Pocso Act when it was enacted and enforced in 2012. There have additionally been cases the place delays have resulted in victims being compelled to backtrack.
According to the Home Department, 8,506 instances are pending earlier than courts throughout the state as of July 31, 2023. Of these, 1,384 are with Thiruvananthapuram courts, Ernakulam a detailed second with 1,147 instances. The long-drawn strategy of issuing forensic experiences and appointing particular prosecutors is primarily contributing to the backlog, say specialists.googletag.cmd.push(operate() googletag.show(‘div-gpt-ad-8052921-2’); );
There are too many courts, however just a few victims get justice, famous former director common of prosecution T Asaf Ali. “Trial delays will lead to disappearance of evidence by way of death of victims or non-availability of material witnesses. Establishing new courts and change of working hours alone will not reduce pendency. The lack of training of judicial officers of lower courts is one of the main reasons. It is desirable to utilise the services of retired judges to reduce pendency,” he mentioned.
The dwelling division has constituted a committee to watch trials and disposal charges. The panel will compile month-to-month statistics and submit them earlier than HC judges who’re accountable for every district. Of the 56 sanctioned courts, 54 have began functioning. A directive has additionally been issued to make sure that forensic lab experiences aren’t delayed.
Court timings should be reworked: HC lawyer
“The HC, through maximum monitoring, and the state government, through strenuous efforts, are attempting to comply with statutory mandates of trying pocso matters in a timebound manner,” mentioned Kerala State Legal Service Authority’s Victim Rights Centre (VRc) challenge coordinator Parvathy Menon.
“We have been witnessing a large number of cases where the survivor and their families go on the back foot due to severe pressure from the accused, families and social circles. Such pressure is all the more when perpetrators are within the family. In cases where survivors are not institutionalised, families either send survivors abroad or victims are pressured by family and peers to withdraw cases. The family often sends survivors abroad either with the good intention of helping them outlive the trauma or to avoid social policing which could be more traumatic. In these attempts to ‘settle’ the matter, cases get prolonged,” she mentioned.
“We need more judges. Moreover, court timings need to be reworked. Though specific officers handle pocso offences in police stations, investigation in such cases can be speeded up if they are separated from those handled by the regular law and order wing,” mentioned Raghul Sudheesh, lawyer with Kerala High court docket.
The dwelling division has adopted steps to expeditiously eliminate instances of victims residing in youngsters’s and Nirbhaya properties and comparable establishments. The presence of investigating officers and witnesses for clean conduct and speedy disposal of instances shall be ensured.
To keep away from undue delay attributable to non-appointment of prosecutors, the federal government has issued instructions to nominate public prosecutors and particular public prosecutors and accord them coaching on the district stage.
