To wait for years to get justice is tantamount to denying justice. At the same time, cases are protracted for a variety of reasons. Before convicting a person, the court must consider the facts, evidence, and arguments of both parties in detail. Accused has the same rights as victim. When the court has to take all this into account, it will take its own time. The main reason for the delay in justice is that cases are postponed for various reasons. As the number of court cases increases, there will be delays. The fast track courts came to avoid this. But by then the number of cases was so high that the expected result couldn't be achieved. The idea of a special court for specific cases is also aimed at expediting cases.
In view of the increasing number of POCSO cases in all the states, the Supreme Court had directed that sufficient POCSO courts be set up to deal with it. As a result, it was announced that 28 new POCSO courts would be set up in Kerala. The Cabinet also approved the setting up of 28 Additional Fast Track Courts to expedite the disposal of cases and rape cases registered under the POCSO Act. With this, there will be 56 fast-track courts in the state to deal with POCSO cases alone. The staffing pattern and method of appointment in the new POCSO courts will be the same as that of the existing ones. The posts will be sanctioned as and when the courts begin. The permanent posts of District Judge, Senior Clerk and Bench Clerk will be permanent and others on a contract basis. It is likely that it will take time to start courts and sanction the posts. It is to be hoped that there will be proceedings on the part of the Government and the High Court to avoid that in the case of the POCSO courts.
Tens of thousands of POCSO cases are pending in the state. In addition, an additional 3,000 to 4,000 POCSO cases are registered each year. At present, it takes two to three years to complete the trial of such cases. Malappuram district had the highest number of POCSO cases registered last year- 457 cases. Thiruvananthapuram rural is in the second position with 318 cases. These districts also have the highest number of pending cases. At the same time, the number of fake cases of child abuse is on the rise. Lawyers say such cases make up to 10 percent of the cases completed. POCSO cases are also being registered fraudulently to avoid giving up of children in divorce cases. Therefore, it would be better to give special training to the police officers who are investigating such cases. The decision to set up 28 POCSO courts should be implemented as soon as possible, avoiding any delays as the cabinet has given its approval.