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BBC News
2 days ago
- Politics
- BBC News
Should teen sex be a crime? Indian woman lawyer mounts challenge
Ms Jaising argues that judicial discretion at sentencing isn't enough, as the accused still faces lengthy investigations and trials. India's judicial system is infamously slow with millions of cases pending across all court levels. A research paper by India Child Protection Fund found that as of January 2023, nearly 250,000 Pocso cases were pending in special courts set up to try these cases. "The process is the punishment for many," Ms Jaising notes. "A case-by-case approach leaving it to the discretion of judges is also not the best solution as it can result in uneven results and does not take into account the possibility of bias," she adds. She urges the court to add a "close-in-age exception" for consensual sex between 16- and 18-year-olds in Pocso and related laws. This "close-in-age exception" would prevent consensual acts between peers in that age group from being treated as crimes. Lawyer and child rights activist Bhuwan Ribhu warns that a blanket exception could be misused in cases of kidnapping, trafficking, and child marriage. He advocates judicial discretion paired with a justice system overhaul. "We need faster processes so that cases are disposed off in a time-bound manner. We also need better rehabilitation facilities and compensation for victims," he says. Enakshi Ganguly, co-founder of HAQ: Centre for Child Rights, however, agrees with Ms Jaising. "We can't shy away from making changes because we're afraid of the law being misused," she says, adding that Ms Jaising's argument is not new as over the years, many activists and experts have made similar recommendations. "Laws need to keep pace with changes in society if they are to remain effective and relevant," she says. Follow BBC News India on Instagram, YouTube, Twitter and Facebook.
Indian Express
29-07-2025
- Indian Express
98% Pocso cases pending in over 5 years disposed of by Delhi courts: High Court data
Lower courts in the national capital have disposed of 508 of the 519 cases under the Protection of Children from Sexual Offences (Pocso) Act, which had been pending for over five years, according to data recently published by the Delhi High Court. Published on July 25, the report 'District Wise Pendency And Disposal Of 5 Year And Above Cases Under Pocso Act' is available on the website of the Delhi High Court. The Delhi High Court data shows that 201 of the pending cases, or 39 per cent, ended in convictions, in 294 cases, or 57 per cent, the accused were acquitted, and three cases were quashed. While the East, North, Northwest, Shahdara, South, and West districts have disposed of all cases that had been pending for over five years, the Central, New Delhi, Northeast, Southeast, and Southwest districts are yet to dispose of three, two, four, and one case each. A 2023 research paper by the India Child Protection Fund (ICPF) estimated that under the current pendency rates, Delhi courts would take 27 years to clear the backlog in Pocso cases. The study, titled 'Justice Awaits: An Analysis of the Efficacy of Justice Delivery Mechanisms in Cases of Child Sexual Abuse in India', pointed out that Pocso courts are disposing of just 28 cases per year on average. In light of this older data, the recent notice suggests that Delhi's courts disposed of on average 102 cases per year – 3.6 times the average of other courts in the country. On average, 650 cases are registered under exclusive Pocso courts in the capital. Fast Track Special Courts (FTSCs) were set up in 2019, specifically for trying cases related to sexual offences, particularly those under the Pocso Act. The primary motive behind establishing these courts was to handle these cases exclusively, aiming to expedite their trials within one year. Currently, there are more than 1,000 such courts in the country. A November 2022 study, A Decade of Pocso' by Vidhi Centre for Legal Policy, pointed out that the average time of disposal was 1,373 days or close to four years, in Pocso cases where a conviction took place in Delhi's courts.
