The Kerala High Court has sought a detailed report on the need for additional POCSO courts across the state after finding that most courts handling such cases did not comply with statutory guidelines and lacked adequate facilities.
A bench comprising Chief Justice Soumen Sen and Justice V M Syam Kumar directed the registrar of the district judiciary to file an affidavit identifying the number of additional courts required and listing courts that do not conform to the guidelines under the Protection of Children from Sexual Offences Act. The directive was issued while hearing a public interest litigation filed by the District Court Bar Association, Thodupuzha-Muttom.
The court said its visits to district courts had revealed gaps in compliance and infrastructure at most POCSO courts. It directed that immediate steps be taken to bring the identified courts into conformity with the guidelines.
Where space is inadequate, the state government has been directed to provide suitable rooms and the infrastructure necessary for POCSO courts to function in accordance with the prescribed requirements. The order places the physical capacity of the courts within the state’s administrative responsibility rather than treating courtroom space as a stand-alone judicial concern.
The petitioners also told the court that exclusive public prosecutors must be appointed for POCSO courts, as required under the law, and alleged that the state had not fulfilled this obligation. The court consequently directed the director general of prosecution to file an affidavit detailing the appointment of public prosecutors for these courts.
The petitioners further referred to a Supreme Court decision that called on the Chief Justices of high courts to ensure that state judicial academies develop special training programmes for prosecutors attached to POCSO courts. Such training, according to the submissions recorded before the bench, should cover not only law but also child psychology, child behaviour and health issues.
The directions cover three linked administrative questions: whether Kerala has enough courts to handle POCSO cases, whether existing courts provide the facilities required under the guidelines, and whether prosecutors assigned to these matters are being appointed and trained as mandated. Together, they place courtrooms, staffing and specialist capacity under review.
The registrar of the district judiciary and the director general of prosecution are required to submit their respective affidavits. The high court has adjourned the public interest litigation to October 14 for further consideration.
