POCSO Courts Lack Adequate Facilities, Don't Conform To Guidelines: Kerala High Court Directs State To Take Immediate Steps
The Kerala High Court has directed the State to assess the requirement for additional courts to deal with cases under the Protection of Children from Sexual Offences (POCSO) Act and take immediate steps to ensure that existing POCSO courts comply with the statutory guidelines.A Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M. issued the directions while hearing...
The Kerala High Court has directed the State to assess the requirement for additional courts to deal with cases under the Protection of Children from Sexual Offences (POCSO) Act and take immediate steps to ensure that existing POCSO courts comply with the statutory guidelines.
A Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M. issued the directions while hearing a public interest litigation.
The Court directed the Registrar (District Judiciary) to file an affidavit disclosing the number of additional courts required for POCSO cases, taking into consideration the relevant judgment of the Supreme Court and the practices followed by different High Courts.
The Bench said that during its visit to the District Courts, it found that most of the POCSO courts did not conform to the guidelines prescribed under the POCSO Act. It also noted that the facilities available in these courts were inadequate.
The Court directed that the affidavit should identify the courts dealing with POCSO cases that were not conforming to the prescribed guidelines.
It further ordered that immediate steps be taken to bring such courts into conformity with the POCSO guidelines. The State Government was directed to provide suitable rooms along with the infrastructure required for the proper functioning of POCSO courts, if there is any inadequacy of space.
The Bench also considered the issue of appointment of Public Prosecutors exclusively for POCSO cases.
The counsel for the petitioner relied on the Supreme Court's judgment in In Re Alarming Rise in the Number of Reported Child Rape Incidents, (2020), and submitted that the appointment of exclusive Public Prosecutors for POCSO courts was mandatory and that the State had failed to fulfil the obligation.
The Supreme Court had directed States to appoint exclusive Public Prosecutors in courts established exclusively for POCSO cases. The Supreme Court had also called for specialised training for such prosecutors, including training in law, child psychology, child behaviour and health issues.
The High Court thus directed the DGP to consider the relvant paragraph of the Supreme Court's judgment in In Re Alarming Rise in the Number of Reported Child Rape Incidents, and make appropriate submissions on the next date of hearing.
With these directions, the Court adjourned the matter to 14 October.
Case Title: District Court Bar Association and Anr. v State of Kerala and Ors.
Case No: WP(PIL) 75/ 2026
Counsel for Petitioner: Ranjith Thampan (Sr.), V.M. Krishnakumar, P.R. Reena, Pooja Sunil
Counsel for Respondents: Harikumar G (GP), T. Asaf Ali (DGP), Biju Meenattoor (Sr. GP)