Kerala High Court: Orders State to Upgrade POCSO Court Facilities

• The Kerala High Court found most POCSO courts in the state have inadequate facilities and do not conform to prescribed guidelines.
• A Division Bench, including Chief Justice Soumen Sen, made these observations during a direct visit to district courts.
• The court directed the state government to immediately bring these courts into compliance with POCSO Act guidelines.
• The Registrar (District Judiciary) must file an affidavit detailing additional court requirements and identifying non-compliant courts.
• The state government is mandated to provide suitable rooms and infrastructure if existing spaces are inadequate for POCSO courts.

Ensuring that Kerala POCSO court infrastructure meets all statutory requirements is not merely a matter of administrative compliance; it directly impacts the ability of child victims to testify effectively and contributes significantly to the overall fairness and integrity of the legal process.

The Kerala High Court recently intervened to address significant concerns regarding the facilities available in courts specifically designated to handle cases under the Protection of Children from Sexual Offences (POCSO) Act. A Division Bench, comprising Chief Justice Soumen Sen and Justice Syam Kumar VM, undertook a direct visit to these district courts. Their inspection revealed a widespread issue: most of the courts did not conform to the prescribed guidelines outlined in the POCSO Act, and their general infrastructure was deemed inadequate.

These critical observations were formally raised during a Public Interest Litigation (PIL) hearing on September 23, prompting the High Court to issue a clear directive for the state government to take immediate and decisive action.

In response to the identified shortcomings, the High Court issued specific instructions aimed at rectifying the situation. The court explicitly directed the state government to undertake immediate measures to ensure that these specialized courts achieve full compliance with the comprehensive POCSO Act guidelines. Beyond this general mandate for adherence, the bench also required the Registrar (District Judiciary) to submit a detailed affidavit.

This crucial document is expected to quantify the precise number of additional courts necessary to effectively manage the caseload of POCSO cases throughout Kerala. Furthermore, it must specifically identify any existing courts that are currently trying POCSO cases but fail to meet the stipulated guidelines for facilities and operation.

The High Court's order placed strong emphasis on the necessity for swift action to bring all non-conforming courts into alignment with the POCSO guidelines. A particularly critical aspect of this directive addresses potential spatial limitations within existing court premises. Should current facilities prove to lack adequate space, the State Government is unequivocally obligated to provide suitable rooms.

These new or modified spaces must be fully equipped with all necessary infrastructure, ensuring that POCSO courts can operate in complete conformity with the Act's requirements. This commitment to appropriate infrastructure is vital for fostering a child-friendly environment, which is paramount for the sensitive nature of these proceedings.

The ruling in the case of District Bar Association & anr v State of Kerala & ors carries significant weight for the effective administration of justice in child sexual abuse cases across the state. The Kerala High Court's proactive stance, which notably stemmed from a direct judicial visit, underscores the critical importance of specialized infrastructure and strict procedural adherence in these highly sensitive matters.

Ensuring that Kerala POCSO court infrastructure meets all statutory requirements is not merely a matter of administrative compliance; it directly impacts the ability of child victims to testify effectively and contributes significantly to the overall fairness and integrity of the legal process. This directive serves as a crucial step towards upholding the protective intent of the Protection of Children from Sexual Offences Act, ensuring that the justice system is adequately equipped to handle these cases with the sensitivity, specialized environment, and support that child victims deserve.

Lawyers handling POCSO cases in Kerala should monitor the state government's response to the High Court's directive for improved court facilities and adherence to POCSO guidelines, as these changes could impact trial procedures and the environment for child witnesses.

Source: Original reporting via legal news sources