Lok Sabha Question No. 4485 (UNSTARRED), answered on 2020-03-20
Subject: POCSO Act, 2012
Ministry: WOMEN AND CHILD DEVELOPMENT
Asked by: Nusrat Jahan Ruhi

## GOVERNMENT OF INDIA MINISTRY OF WOMEN AND CHILD DEVELOPMENT

## LOK SABHA UN STARRED QUESTION NO.4485

TO BE ANSWERED ON 20.03.2020

## POCSO ACT, 2012

## 4485.   SHRI MATI  NUSRAT JAHAN RUHI:

Will the Minister of WOMEN AND CHILD DEVELOPMENT be pleased to state:

- (a) whether  the  Government  has  set  up  any  child  friendly  courts  as  prescribed  under POCSO Act, 2012;
- (b) if so, the number of such courtrooms established in each State, State-wise;
- (c) if not, the steps undertaken by the Government to make these courts child friendly;
- (d) if not, the reasons for the non-compliance with the  act; and
- (e) whether the Ministry has conducted any research study on the effectiveness and impact of such courts, if so, the details thereof?

## ANSWER

## MINISTER OF WOMEN AND CHILD DEVELOPMENT (SHRIMATI SMRITI ZUBIN IRANI)

(a)  to  (e)  Section  28  of  the  Protection  of  Children  from  Sexual  Offences  (POCSO)  Act,  2012 provides for establishment of Special Courts for trying the offences under the POCSO Act. The POCSO Act has adequate provisions to ensure that child-friendly procedures are adopted by Special Courts during the trial. These include the following:

- i. The Special Court shall create child-friendly atmosphere by allowing a family member, a  guardian,  a  friend  or  a  relative,  in  whom  the  child  has  trust  or  confidence,  to  be present in the court [Section 33(4)];
- ii. The Special Court may, if it considers necessary, permit frequent breaks for the child during the trial [Section 33(3)];
- iii. The Special Court shall ensure that the child is not called repeatedly to testify in the court [Section 33(5)];
- iv. The Special Court shall not permit aggressive questioning or character assassination of the child and ensure that dignity of the child is maintained at all times during the trial [Section 33(6)];
- v. The Special Court shall ensure that the identity of the child is not disclosed at any time during the course of investigation or trial [Section 33(7)];
- vi. The Special Court shall try cases in camera and in the presence of the parents of the child or any other person in whom the child has trust or confidence [Section 37];
- vii. The  Special  Court  shall  ensure  that  the  child  is  not  exposed  in  any  way  to  the accused at the time of recording of the evidence [Section 36(1)];
- viii. The Act provides that whenever necessary, the Court may take the assistance of a translator  or  interpreter  having  such  qualifications,  experience  and  on  payment  of such fees as may be prescribed, while recording the evidence of the child [Section 38].

Section 44 (1) of the POCSO Act provides that the National Commission for Protection of Child Rights (NCPCR) shall monitor the implementation of the provisions of the POCSO Act. As per information provided by NCPCR there are 664 Special Courts established across the country till 30 th June, 2019. The State/UT-wise list of Special Courts is at Annexure-I .

Besides, as informed by Department of Justice, an amount of Rs.99.99 crore has been released to 28 States/UTs for setting up of 651 Fast Track Special Courts (FTSCs) including 363 POCSO courts.

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Statement Referred To In Part (a) to (e) of Reply To Lok Sabha Un-Starred Question No.4485 for answer on 20.03.2020 raised by SHRIMATI NUSRAT JAHAN RUHI on 'POCSO ACT, 2012' indicating State/UT-wise details of Special Courts established across the country till 30 th June, 2019

| Sr. No.   | Name of the State/UT   | No. of Special Courts   |
|-----------|------------------------|-------------------------|
| 1         | Andhra Pradesh         | 14                      |
| 2         | Assam                  | 24                      |
| 3         | A &NIslands            | 1                       |
| 4         | Arunachal Pradesh      | 5                       |
| 5         | Bihar                  | 38                      |
| 6         | Chhattisgarh           | 51                      |
| 7         | Chandigarh UT          | 1                       |
| 8         | Delhi                  | 16                      |
| 9         | Daman &Diu             | 2                       |
| 10        | Dadra &Nagar Haveli    | 1                       |
| 11        | Goa                    | 1                       |
| 12        | Gujarat                | 33                      |
| 13        | Himachal Pradesh       | 11                      |
| 14        | Haryana                | 22                      |
| 15        | Jharkhand              | 24                      |
| 16        | Kerala                 | 3                       |
| 17        | Karnataka              | 30                      |
| 18        | Lakshadweep            | Nil                     |
| 19        | Manipur                | 9                       |
| 20        | Mizoram                | 5                       |
| 21        | Madhya Pradesh         | 51                      |
| 22        | Meghalaya              | 6                       |
| 23        | Maharashtra            | 36                      |
| 24        | Nagaland               | 8                       |
| 25        | Odisha                 | 30                      |
| 26        | Punjab                 | 22                      |
| 27        | Pondicherry            | 1                       |
| 28        | Rajasthan              | 55                      |
| 29        | Sikkim                 | 4                       |
| 30        | Tamil Nadu             | 32                      |
| 31        | Telangana              | 10                      |
| 32        | Tripura                | 7                       |
| 33        | Uttar Pradesh          | 75                      |
| 34        | Uttrakhand             | 13                      |
| 35        | West Bengal            | 23                      |
| Total:    | Total:                 | 664                     |