POCSO pendency and torturous process further victimise children subjected to sexual abuse

As of June 2026, 18,733 POCSO cases are pending in various courts in 38 districts of Tamil Nadu. However, detention is only the known tip of the iceberg; The entire problem also includes missing support services for children who choose to go through the procedural justice system.

Among the highest pending courts are the POCSO Court in Madurai, where 1,000 cases remain unresolved; Tiruppur’s Fast Track Mahila Court has 790 cases pending; POCSO Court of Chennai with 747 cases; and the Tenkasi Regional District Court with 702 cases.

In 2019, the Supreme Court ruled that in any jurisdiction where more than 100 cases are pending under the POCSO Act, a special designated special court should be constituted to try only these offences. In 37 of the 38 districts in Tamil Nadu, the number of pending cases is over 100 but there are only 20 POCSO courts.

In 2023, the Registrar of the Madras High Court sent a proposal to the State government to set up eight special courts exclusively for POCSO cases, one each in Erode, Krishnagiri, Namakkal, The Nilgiris, Ramanathapuram, Tiruchi, Tiruvarur and Tiruppur.

“These courts have still not come up,” says Vidya Reddy of Tulir-CPCHSA. Compare this to the pendency of cases in the courts and it seems much harsher. Daily hearings in Juvenile Justice Boards, which also hear POCSO cases, are held only in Chennai. In other districts, meetings are held once or twice a week and POCSO cases are heard among other cases.

But according to Ms Reddy, it is not just addiction that is worrisome. “Once the complaint is registered, the child enters a long process that will bring him to a decision. While this may be traumatic for the child, the law puts in place various elements that can make the process smoother. If the question is: Are the bouquet of social sector interventions implemented well to help procedural justice be implemented well, the answer is no,” he says.

Social sector support for the child includes assistance with making a complaint, including interpreters or translators. Once the police is notified, they have to register the complaint and register an FIR; The assigned police officer records the child’s statement at his or her own home or any other place where the child feels comfortable. However, activists claim that police often do this everywhere, such as parks, street corners, wedding halls.

POCSO cases can also be filed online, but whether these cases are numbered or not is another question raised by activists.

According to child rights advocates, child witness testimony rooms are available in only 16 regions.

Ms. Reddy says the child is required to get a copy when he undergoes a medical examination, but the family rarely receives a copy.

The police are currently unnecessarily taking children before the Child Protection Agency when they only have to do so in three cases. This, he adds, increases the child’s secondary victimization.

The Child Welfare Committee is required to appoint a support person (SP) for each case; But how many children actually have a child today? In one case recorded earlier this month, due to late appointment of support staff, the child sought abortion late at 24 weeks and had to rush to take the decision to terminate the pregnancy. He says that if there was CP, the child could have been aborted earlier.

An official from the Social Welfare Department said the government has appointed SPs at the district level. “We are also preparing an SOP for the SP to facilitate the appointment of all survivors. These new guidelines will not only help facilitate the appointment of SPs but will also help the district administration monitor the progress of each case in the court and cater to the needs of the survivors and their families, if any.”

Once an FIR is lodged, the child is immediately entitled to receive Special Assistance from the Child Welfare Committee, an amount that will help the family get through the emergency. Ms. Reddy says this was never accepted and awareness about this provision was very poor, but the provisional relief amount was facilitated to be distributed later. In a recent child rape case, her mother had to pawn her jewelery to cover emergency expenses.

Police must complete the investigation and file criminal charges within 90 days. Significantly, Ms. Reddy added that in most cases, they ensure that charges are filed within 60 days.

Andrew Sesuraj of Tamil Nadu Child Rights Watch says the protection guaranteed under the POCSO Act and the obligation of State authorities to ensure that survivors are not victimized a second time continue throughout the criminal justice process. He adds that in any action involving children, the primary consideration should be the best interests of the child.

The uploading of case documents and decisions to the internet along with proofreading is also highly irregular. This will keep the parents or family updated on the decisions and make them easier to access. Delays in the system cannot be dismissed as merely procedural delays; They are also important because they affect children. For example, a child rape case recorded in 2008 was listed in 2026. The child himself has forgotten the incident, and his parents are begging the system not to bring it up again. Another important shortcoming is that the police do not inform the family when the perpetrator is released on bail; this is a must in the procedure. Since in most cases the perpetrator is known to the child and family, they are shocked when they see them again on the streets and in their homes.

“Yes, the dependency is huge. But numbers alone mean something, but not everything. We must remember that justice can be a long process, but in the meantime we must aim to do everything necessary to help the child and family cope in the best way possible,” Ms Reddy adds.

It was published – 06 July 2026 22:26 IST