The Hindu Editorial Analysis
12 January 2026
Faster is not fairer in POCSO case clearance numbers
(Source – The Hindu, International Edition – Page No. – 8)
Topic :GS-2 : Judiciary, Child Rights, Criminal Justice System, Social Justice
Context
India crossed a widely publicised milestone in 2025 when fast-track special courts disposed of more POCSO cases than were newly registered under the Protection of Children from Sexual Offences (POCSO) Act. The disposal rate touched 109%, raising hopes that the long-standing backlog of child sexual abuse cases was finally being addressed. However, the editorial cautions that this numerical success masks deeper failures — convictions remain low, survivor support is weak, and justice outcomes are increasingly fragile. The rise in disposals has not translated into safer or fairer outcomes for children.
Core Issue
The central issue is whether speedy disposal of POCSO cases is being prioritised at the cost of substantive justice.
While fast-track courts have improved case clearance, the criminal justice ecosystem supporting child survivors — investigation, prosecution, protection, and rehabilitation — remains critically underdeveloped.
POCSO’s Original Promise
The POCSO Act (2012) was enacted to correct systemic failures in dealing with child sexual abuse by:
- Recognising the unique nature of offences against children,
- Providing child-friendly procedures,
- Mandating time-bound trials,
- Ensuring sensitivity distinct from adult sexual offence cases.
The Act envisaged not just speed, but care, protection, and conviction based on robust evidence.
More Courts, But Falling Convictions
India now operates 773 fast-track special courts, of which around 400 are designated for POCSO cases.
- These courts, funded through the Nirbhaya Fund since 2019, disposed of 3.5 lakh cases by September 2025.
- They handle nearly 10 cases per month, compared to 3.26 in regular courts.
Yet outcomes remain troubling:
- National conviction rates declined from 35% (2019) to 29% (2023).
- In fast-track courts, convictions average only 19%, with acquittals exceeding 80% in some years.
- If faster disposals reflected better justice, conviction rates should have risen to around 45% — instead, they have fallen.
This indicates that speed has not strengthened the evidentiary backbone of trials.
Why Speed Without Support Fails Children
Child survivors do not merely need quick hearings; they require:
- Trained support persons,
- Sensitive policing,
- Skilled prosecutors,
- Functional child welfare committees,
- Timely forensic evidence,
- Interim compensation during trials.
Instead:
- Investigations remain hurried and incomplete,
- Charge sheets are often weak,
- Forensic reports are delayed,
- Trials drag on for years despite “fast-track” labels.
The result is a system that clears files faster but leaves survivors exhausted, unsupported, and often without closure.
PLVs: The Missing First Line of Defence
The editorial highlights the absence of para-legal volunteers (PLVs) as a critical gap.
- In December 2025, the Supreme Court directed appointment of PLVs at every police station for POCSO cases.
- Yet implementation is uneven:
- Andhra Pradesh has PLVs in 42 of 919 police stations,
- Tamil Nadu has none across 1,577 stations.
Without PLVs:
- Families face police intimidation,
- FIR registration is delayed or denied,
- Evidence is compromised,
- Survivors are left vulnerable.
Cases like Unnao and Lalitpur (Uttar Pradesh) demonstrate how early PLV intervention could have prevented intimidation and ensured timely registration.
Structural Injustice Beyond the Courtroom
The editorial notes deeper systemic failures:
- Courts sometimes acquit accused on grounds such as “consensual marriage” once the survivor turns adult — despite statutory prohibitions.
- Interim compensation is rarely granted, even when children drop out of school or suffer health risks.
- Final compensation often arrives years later, after irreparable harm.
Marginalised families:
- Borrow heavily for travel and legal expenses,
- Lose daily wages for court appearances,
- Spend more on survival than the state provides in relief.
Justice delayed in compensation is justice denied in reality.
What the Data Really Shows
The rising disposal rate hides a disturbing truth:
- Faster trials have not improved investigative quality,
- Convictions are falling,
- Acquittals are rising,
- Survivor support systems are collapsing under pressure.
The system rewards speed, not accuracy or care.
Way Forward: Justice, Not Just Numbers
To realign POCSO with its original purpose:
- Speed must be matched with investigative capacity and survivor support,
- PLVs must be appointed universally,
- Police and prosecutors need specialised training,
- Forensic infrastructure must be strengthened,
- Interim compensation should become routine, not exceptional,
- Conviction audits must accompany disposal targets.
Justice metrics must prioritise outcomes for children, not court efficiency alone.
Conclusion
The surge in POCSO case disposals may look like progress, but without higher convictions, survivor protection, and timely support, it risks becoming an illusion of justice. Faster is not fairer when trials are hurried, evidence is weak, and children leave the system more harmed than healed.
True justice for child survivors lies not in clearing files quickly, but in ensuring that every stage — from FIR to rehabilitation — upholds dignity, care, and accountability. Speed without support is not reform; it is abandonment.