Lok Sabha Question No. 723 (UNSTARRED), answered on 2024-11-29
Subject: POCSO Act
Ministry: WOMEN AND CHILD DEVELOPMENT
Asked by: Smt. Pratima Mondal

## GOVERNMENT OF INDIA MINISTRY OF WOMEN AND CHILD DEVELOPMENT

## LOK SABHA UNSTARRED QUESTION NO. 723

TO BE ANSWERED ON 29.11.2024

## POCSO ACT

## 723. SMT. PRATIMA MONDAL:

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

- (a) whether  there  is  any  discrepancy  between  guidelines  for  women's  and children's safety of the Union Government and delay in implementing critical support  measures  at  the  national  level,  given  that  the  majority  of  States, including West Bengal, are yet to operationalize a significant number of Fast Track Special Courts (FTSCs), despite a nationwide backlog of cases under the Protection of Children from Sexual Offences (POCSO) Act and for rape victims and if so, the details thereof;
- (b) whether there is any proposal by the Government to assist and monitor States in activating these services, which are critical for prompt assistance and justice, particularly considering recent reports that highlights alarming statistics regarding violence against women and children nationwide; and
- (c) if so, the details thereof?

## ANSWER

MINISTER OF STATE IN THE MINISTRY OF WOMEN AND CHILD DEVELOPMENT (SHRIMATI SAVITRI THAKUR)

(a) to (c): Government accords the highest priority for ensuring safety and security of children and has undertaken various initiatives in this regard. To safeguard children against  sexual  abuse  and  sexual  harassment,  Government  has  enacted  The Protection of Children from Sexual Offences (POCSO) Act, 2012. It defines a child as any person below the age of 18 years.

The Act was  amended in 2019 to introduce more stringent punishment including death penalty for committing sexual crimes on children, with a view to deter the perpetrators & prevent such crimes.

Section 4 of the Act prescribes rigorous imprisonment for a minimum of 20 years, which can extend to life imprisonment, for 'Penetrative Sexual Assault'. If the assault results in the death or causes the victim to be in a persistent vegetative state, Section 6 provides for the death penalty or life imprisonment. Section 8 outlines imprisonment for a minimum of three to five years for those found guilty of sexual assault, while Section 10 increases this to a minimum of five years for Aggravated Sexual Assault

(A person can be charged with this offense in certain aggravating circumstances, such as if the rape occurs within a relationship of trust or authority, or if it leads to pregnancy, among others). The Act also includes Section 14, which imposes up to seven years of imprisonment  for  using  children  for  pornographic  purposes,  with  even  harsher penalties if penetrative assault is involved.

Additionally,  the  Act  mandates  special  courts  for  speedy  trials  under  Section  28; ensuring cases are handled with the utmost urgency and sensitivity, reflecting the law's zero-tolerance approach to crimes against children.

Further  the  POCSO  Rules,  2020  were  also  notified  to  protect  the  children  from exploitation and violence and sexual exploitation. POCSO Rules under Rule-3 provide that any institution housing children or coming in regular contact with children including schools,  creches,  sports  academies  or  any  other  facility  for  Children  must  ensure police verification and background check on periodic basis, of every staff, teaching or non-teaching, regular or contractual, or any other person being an employee of such Institution  coming  in  contact  with  the  child.  Such  Institution  shall  also  ensure  that periodic training is organized for sensitizing them on child safety and protection.

Ministry  of  Women and Child Development (MWCD) from the financial year 20232024, has also introduced a scheme namely 'Scheme for Care and Support to Victims under Sections 4 & 6 of the Protection of Children from Sexual Offenses (POCSO) Act,  2012'  from  NIRBHAYA  Fund  to  address  the  challenges  faced  by  the  minor pregnant girl child victims for implementation by the State/UT Governments. The main objectives of this Scheme are:

- i. To provide integrated support and assistance to minor pregnant girl child victims under one roof;
- ii. To facilitate their immediate, emergency and non-emergency access to a range of services for long term rehabilitation in terms of:
- access to education,
- police assistance,
- medical (also comprising maternity, neo-natal and infant care),
- psychological, mental health counselling,
- legal support,
- non-institutional care support, place of stay in Child Care Institutions/Aftercare facilities, and
- health insurance cover for the girl child victim and her new-born baby under one roof to enable access to justice to such victimized girls.

National Commission for Women (NCW) also takes necessary action in such matters concerning women, through State Police Departments.

Further,  as  per  the  information  received  from  Department  of  Justice  (DoJ),  DoJ  is implementing a Centrally Sponsored Scheme since October 2019 for setting up 1023 Fast Track Special Courts (FTSC) including 389 exclusive POCSO Courts (e-POCSO) for disposal of pending cases of rape and POCSO Act. As per the information received from the High Courts, as on 30.09.2024, 750 FTSCs including 408 exclusive POCSO

Courts are functional in 30 States/UTs, which have disposed of more than 2,81,000 cases. The number of exclusive POCSO courts has increased from 272 Courts in 2019-20  to  408  courts  as  of  30.09.2024.  Since  the  inception  of  the  Scheme,  the exclusive POCSO courts have disposed of more than 1,80,000 cases. The State/UT wise details of functional exclusive POCSO courts along with the cumulative disposal of POCSO cases since the inception of the Scheme are placed at Annexure.

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## ANNEXURE

STATEMENT  REFERRED  TO  IN  PARTS  (A)  TO  (C)  OF  LOK  SABHA  ADMITTED UNSTARRED QUESTION NO. 723 FOR 29.11.2024 REGARDING 'POCSO ACT' ASKED BY SMT. PRATIMA MONDAL INDICATING STATE/UT WISE DETAILS OF FUNCTIONAL EXCLUSIVE  POCSO  COURTS  ALONG  WITH  CUMULATIVE  DISPOSAL  SINCE  THE INCEPTION OF THE SCHEME. (AS ON 30.09.2024)

|      |                   | Functional courts                 | Functional courts                                                               |
|------|-------------------|-----------------------------------|---------------------------------------------------------------------------------|
| S.no | State/UT          | Functional exclusive POCSO Courts | Cumulative disposal since the inception of the Scheme by exclusive POCSO courts |
| 1.   | Arunachal Pradesh | 16                                | 5655                                                                            |
| 2.   | Assam             | 17                                | 6837                                                                            |
| 3.   | Bihar             | 46                                | 13400                                                                           |
| 4.   | Chandigarh        | 0                                 | 0                                                                               |
| 5.   | Chhattisgarh      | 11                                | 4386                                                                            |
| 6.   | Delhi             | 11                                | 1484                                                                            |
| 7.   | Goa               | 0                                 | 34*                                                                             |
| 8.   | Gujrat            | 24                                | 10871                                                                           |
| 9.   | Haryana           | 12                                | 5065                                                                            |
| 10.  | Himachal Pradesh  | 3                                 | 1222                                                                            |
| 11.  | Jammu and Kashmir | 2                                 | 126                                                                             |
| 12.  | Jharkhand         | 16                                | 5209                                                                            |
| 13.  | Karnataka         | 17                                | 7217                                                                            |
| 14.  | Kerala            | 14                                | 6761                                                                            |
| 15.  | Madhya Pradesh    | 57                                | 24022                                                                           |
| 16.  | Maharashtra       | 4                                 | 11913                                                                           |
| 17.  | Manipur           | 0                                 | 0                                                                               |
| 18.  | Meghalaya         | 5                                 | 609                                                                             |
| 19.  | Mizoram           | 1                                 | 66                                                                              |
| 20.  | Nagaland          | 0                                 | 3*                                                                              |
| 21.  | Odisha            | 23                                | 10638                                                                           |
| 22.  | Puducherry        | 1                                 | 101                                                                             |
| 23.  | Punjab            | 3                                 | 2157                                                                            |
| 24.  | Rajasthan         | 0                                 | 11180*                                                                          |
| 25.  | Tamil Nadu        | 14                                | 8142                                                                            |
| 26.  | Telangana         | 0                                 | 2731*                                                                           |
| 27.  | Tripura           | 1                                 | 195                                                                             |
| 28.  | Uttarakhand       | 0                                 | 0                                                                               |
| 29.  | Uttar Pradesh     | 74                                | 40146                                                                           |
| 30.  | West Bengal       | 6                                 | 184                                                                             |
|      | Total             | 408                               | 1,80,354                                                                        |

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