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The Kerala High Court has found that most of the courts handling cases under the Protection of Children from Sexual Offences (POCSO) Act in the state do not conform to statutory guidelines and lack adequate facilities.
A Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V M issued the direction while considering a public interest litigation filed by the District Court Bar Association.
The court directed the respondent Registrar (District Judiciary) to file an affidavit detailing the number of additional courts required to deal with POCSO cases, taking into account a Supreme Court judgment on the issue and the practices followed by different High Courts.
The Bench said its own visits to district courts had revealed shortcomings in the functioning of POCSO courts.
“During the visit to the District Courts, we found that most of the POCSO courts do not conform to the guidelines specified under the POCSO Act. The facilities are also inadequate.”
The affidavit must also identify the courts currently trying POCSO cases that do not comply with the guidelines.
The High Court directed that immediate steps be taken to bring these courts in conformity with the POCSO guidelines. Where the existing courts do not have sufficient space, the state government has been directed to provide suitable rooms equipped with the necessary infrastructure.
“If there is any inadequacy of space, the state government shall move to provide suitable rooms with all infrastructure for functioning of the POCSO courts in conformity with the guidelines,” the court said.
The Bench also considered the issue of appointing exclusive Public Prosecutors for POCSO courts.
The petitioners relied on a 2020 Supreme Court sou motu proceeding, In Re Alarming Rise in the Number of Reported Child Rape Incidents, in which the apex court directed states to appoint exclusive Public Prosecutors for courts established exclusively to hear POCSO cases. The writ was initiated by the Court to address systemic shortcomings related to POCSO cases.
The Supreme Court had also called for specialised training for such prosecutors, covering not only law but areas including child psychology, child behaviour and health issues.
The Kerala High Court reproduced the relevant portion of the Supreme Court judgment in its order.
“We direct all the States who are present before us to take steps to appoint exclusive Public Prosecutors in all the courts which have been set up exclusively for POCSO cases. We request the Chief Justices of all the High Courts to ensure that in the Judicial Academy of the State special programmes are developed so that these Special Public Prosecutors attached to POCSO Courts are imparted training not only in law but also in child psychology, child behaviour, health issues, etc.”
The petitioners argued that the appointment of exclusive Public Prosecutors in POCSO courts was a mandate of the Supreme Court and alleged that Kerala had failed to fulfil the obligation.
The Director General of Prosecution, T Asaf Ali, sought an adjournment in the matter.
The High Court directed the DGP to consider the Supreme Court's directions and make appropriate submissions when the case is taken up next.
The matter has been posted to October 14, 2026. In the meantime, the Registrar (District Judiciary) has also been directed to file the affidavit detailing the requirement for additional POCSO courts and the courts that are not complying with the prescribed guidelines.
