‘Delay due to non-appearance by accused, survivors, witnesses in court
Shillong, Sept 2: Despite having six special POCSO courts in Meghalaya, the state has lacked in delivering justice in numerous cases related to child abuse that led to huge pendency in the various courts.
As of June 2024, there were 1,747 cases, registered under Protection of Children from Sexual Offences (POCSO) Act, 2012, pending in the courts while only 894 cases have been resolved during the period.
Informing this during reply to a question during the recent assembly session, Social Welfare Minister Paul Lyngdoh the pendency was mainly caused by cancellation of hearings due to non-appearance by accused, survivors, witnesses caused the delay in completion of trials.
He also held non-appearance by parties concerned due to various factors like sickness, exams and other factors responsible for prolonging trials besides due diligence by the courts in ensuring fair trial to all parties concerned.
The judicial magistrates are also handling other court cases apart from the POCSO cases in their respective district courts.
Among the six special courts exclusively dealing with POCSO cases, two are in East Khasi Hills, and one each in West Khasi Hills, West Jaintia Hills, Ri-Bhoi and West Garo Hills.
There are 280 cases pending before the Juvenile Justice Boards as on quarter ending June 2024 since April 2024.
Lyngdoh said the rising number of cases involving offences committed by children in conflict with law often overwhelms the existing systems. The spike in cases can lead to backlogs as the JJBs struggle to manage the increased workload in a timely manner, he said.
The procedural framework surrounding cases related to CCLs often leads to delays. Legal requirements and frequent adjournments can prolong the legal process. The frequent need for psychological assessments and social investigations can also contribute to delays.
There are three observation homes in the state to look after children in conflict with law – one each for boys and girls in East Khasi Hills and one for boys in West Garo Hills.
The principal magistrates and JJB members from other districts have to travel to these observation homes for production and hearing, another challenge in conducting regular hearings and disposal of cases, according to the minister.
The principal magistrate does not handle cases related only to children in conflict with law but also deals with other cases in the district court, he said.
