It is with a heavy heart and a mixed bag of emotions we contemplate and deliberate upon the successful completion of two POCSO trials within a month’s time; mixed because, firstly, the heinous and monstrous crimes against minors ought not happen, and secondly, the lackadaisical pace and apathy of the judicial system that unnerves and dissuades the victim or her family from appealing for justice. There are reactions and repercussions to every act, as Newton famously described in the Third Law of Motion: “To every action, there is an equal and opposite reaction.” These two judgements by the POSCO court in Surat ought to be a reflection of larger problems, ironically. In the diamond city, which invariably ranks as one of the safest in the country, and rightly so, there were two reported rape incidents involving minors. As bone-chilling as it may sound, a four-year-old and a two-and-a-year-old girl were raped, and the latter was murdered. This exasperates and boils one’s blood as a citizen, and like any other citizen, the bare minimum one would expect is justice. And perhaps, for various reasons, it keeps on getting delayed, making us remember the phrase “justice delayed is justice denied.”
As per data, “From January to June 2019, 24,212 cases of child sexual assault or abuse were registered under POCSO, of which 27% of cases went on trial, as was noted during the parliamentary debate during the amendment of the Act; 4% of cases were completed.” The Supreme Court issued directions to districts with more than 100 pending cases under the POCSO Act to set up fast-track courts with a resolution deadline of 60 days. As many as 1,023 fast-track special courts for POCSO cases would be set up, said Minister of Women and Child Development Smriti Irani, who introduced the bill in the Rajya Sabha. With 28.7 million cases pending in district and subordinate courts, there are currently 17,891 judges against the required strength of 22,750, according to the 2018-19 Economic Survey. There are over 4 million cases pending in the country’s high courts, which would need 8,152 more judges to resolve. According to the economic survey, high courts have 62% of the sanctioned judges, with only 671 out of 1,079 judge positions filled.
But this wasn’t the case this time in Surat. On October 11, 2021, Ajay, alias Hanuman Nishad Kevat, 39, discovered the 4-year-old girl victim playing with her friends in Sachin GIDC, Surat. He lured her into the bushes, where he raped her and left her in pain. In an exemplary move, the local police grabbed the accused on the very next day, and a charge sheet was submitted within ten days. The trials were completed within six days in the special court, and the accused was convicted of his barbarian crime under the POCSO Act. The court punished the convict with a life imprisonment sentence and ordered him to pay a one-lakh rupee fine. In the second incident, Guddu Yadav, a migrant worker, raped and murdered a 2-and-a-half-year old girl on November 4. The police formed a task force of 100 policemen and filed a 246-page long charge sheet within seven days, and acted as promptly as they could to initiate and catalyse the trials. The special POCSO Court condemned the accused to capital punishment under sections 302 and 376-A and 376-B of the IPC and POCSO Act in a record time of 21 days. Mr. Nayan Sukhadwala, the public prosecutor, urged the court to consider the crime as the “rarest of rares” and cited 31 judgements pronounced by different courts in similar cases in the past to declare capital punishment. The special court also directed the state government to pay a sum of Rs. 20 lakh to the family as compensation.
When Mr. Sukhadwala, was reached out to – we owe him a big congratulatory note since he was the public prosecutor in both cases for expediting justice in a record-breaking time, he was modest enough to share the credit with his entire team and the promptness shown by the local administration Upon asking about how he achieved it, he said that the local police and medical facilities had cooperated in the process very well. In most cases, it is the logistical problems that keep delaying the hearings, like the transfer of an investigation officer or the unavailability of witnesses. In all of these cases, all of these problems were avoided due to the promptness of the local administration bodies, and thus, the trials were completed within the 60-day time limit laid down by the Supreme Court on the basis of Mrs. Smriti Irani’s proposal for capital punishment for sexual crimes against children. Recently, the government amended the 2012 POCSO Act and added a clause for capital punishment in 2019, and when asked about it, he congratulated the government on the move. At the end of our conversation, he said, “I am very satisfied with the trials, and no amount of fees would have given me the same happiness.” He also said that technology could prove to be a great tool in expediting the judicial process, especially when logistical problems hamper the way of justice. “He provided a great example for the legal fraternity throughout the country and shared valuable insights that would inspire many young lawyers and law students in the future”, remarks Mr. Darshan Vankawala, an eminent lawyer and activist based out of Surat.
One finds that there’s more to these two cases than meets the eye: they are rays of hope for overhauling the entire judicial system and process in the country. The Surat model has been quite motivating, and the proactiveness of the local administration, along with the other factors, could be emulated in other parts of the country. This only adds to the inference that with smooth and streamlined coordination at the district level, a robust justice delivery mechanism is viable and Surat paves the way, leading right from the front. Palpably, it seems to be the best way to appreciate the Prime Minister’s Beti Padhao, Beti Bachao initiative, and this would be a big step towards making our society safer for our children.
The writer is a Surat-based educator, columnist, and social activist. Views expressed are personal.
One finds that there’s more to these two cases than meets the eye: they are rays of hope for overhauling the entire judicial system and process in the country. The Surat model has been quite motivating, and the proactiveness of the local administration, along with the other factors, could be emulated in other parts of the country. This only adds to the inference that with smooth and streamlined coordination at the district level, a robust justice delivery mechanism is viable and Surat paves the way, leading right from the front.
