April 2023: Observing that a 3-year-old girl was sent to a school with hopes of progressing in life but was instead subjected to repeated sexual assault, a special Pocso court convicts and sentences the institute’s 32-year-old peon to 14 years of rigorous imprisonment.
June 2023: A 42-year-old lagori and wrestling coach of a civic school is sentenced to five years of rigorous imprisonment for sexually assaulting students after taking them to a resort in Pen in Raigad district in July 2016
Jan 2024: Observing that the only career that influences other professions is teaching and that a teacher is expected to act as a protector, a special Pocso court convicts and sentences a 28-year-old schoolteacher to five years of rigorous imprisonment for sexually assaulting three students during class in 2019
Despite over a decade of dedicated efforts by special public prosecutors, advocates who help victims as well as police to secure justice for child sexual abuse survivors under Pocso Act, numerous challenges hinder its implementation.
Advocate Persis Sidhva, director of Rati Foundation, which works on violence against children and women, said while Pocso Act is a comprehensive statute, its implementation has not been satisfactory. She said while the Dindoshi court has two Pocso courts, the south Mumbai one has five to six courts. She said because of an increase in cases, the rising increasing caseload is being passed on to other courts.
“When we look at implementation by the stakeholders and the processes that the child and the family have to engage with, it’s extremely tedious. It takes a great toll, on the familyfinancially and emotionally. Most families that we work with have to relocate due to the sexual abuse and the subsequentexposure it brings. So,The trauma gets compounded while engaging with the system,” Sidhva said. She said the absence of adequate and timely compensation despite schemes is another grave issue.
Lack of support and the subsequent delay was clearly demonstrated in the 2016 case involving the coach. The seven-year-long delay in getting justice pronouncing the verdict was not the only hardship the girls and their families had to face. The parents could get the complaint registered after a two-month delay only after an anonymous complaint was sent to the zonal DCP’s office. They had approached the school principal but no action was taken, and other teachers were aware of the abuse but asked the girls to lie.
Special public prosecutor Geeta Sharma, who has secured 120 convictions in Pocso cases, said public outrage often runs its course. “Convincing older survivors and their families about the importance of pursuing the case is crucial for their future safety. We highlight the risks of withdrawing from the case, such as emboldening the accused and exposing other potential victims.” She said in the Badlapur case needs , a public prosecutor with a strong record of Pocso convictions. should be appointed immediately to allow them to guide the investigation to make sure that not even the smallest detail or loophole is left.
Sidhva said the issues that came up when the Act was enforced 12 years ago persist today. “Reporting at police stations is still very hard. In Mumbai, one can spend between eight to 12 hours at a police station to get an FIR recorded. Not to mention how much convincing has to go into getting that FIR recorded. Medical procedures in public hospitals take two to three days… Different procedures take place each day. The family has to go from one department to another. So, the process for the family is extremely draining. And it only gets It’s very difficult after that—. police don’t bother to keep the family in the loop.”
Officials said in Pocso cases, the primary evidence is always the victim and everything else is secondary, but a senior police officer said inconsistencies in a victim’s statements due to the young age and the trauma make police investigations challenging. MSID:: 112660957 413 |