'We Don't Have Judges, Courts Overburdened' : Supreme Court Flags Rising Vacancies In District Judiciary

The Supreme Court today(March 4) expressed concerns about the vacancy of judges in the District Judiciary, which results in delay in trials in Special Courts created for POCSO Act offences.

The Court lamented that even though Special Courts were created, they are now overburdened due to the lack of judges. Hence, the various directions passed by the Supreme Court to expedite trials are not practically feasible because of the inadequate number of judges. 

A bench of Justices Bela M. Trivedi and PB Varale made these oral remarks in suo moto proceedings initiated in relation to addressing the systematic flaws under the Protection of Children from Sexual Offences (POCSO) Act, 2012.

Senior Advocate VV Giri, also the Court appointed amicus in this case, apprised the bench that various directions have been passed in regard to and for establishing special POCSO courts for speedy justice, appointment of Special Prosecutors, training persons associated with the process etc. The Court has been monitoring the compliance of these directions. Since the matter was not listed for a long time, Giri submitted that an updated report may be called from States to examine whether compliance has taken place or not.

On this, Justice Bela said: "What you have suggested, special POCSO Courts, they are there. Special Public Prosecutors are also there. Training of persons associated with the process, it is an [ongoing process]...Now, things have been streamlined. This was the position long back. It's no more there."

When it was pointed out that a contempt application had been filed for non-compliance of certain directions, Justice Bela that certain directions of the Court can never be complied with as there are not enough judges to deal with and monitor these cases. 

She said: "We don't have judges. Where do we get the judges? Whose fault? All Courts are overburdened, we don't get judges. All vacancies are remaining. One has to be realistic. We are not getting judges of the district level. All posts are remaining vacant. Even infantry level in Gujarat, out of 213 posts only 6-10 were filled up. No one is preparing for it...all post are remaining vacant...On one hand, you are there has to be special Courts for POCSO. Now, the Special Courts are created and they are also overburdened...Even if there is infrastructure, there is no person to utilise that infrastructure."

Viri recommended that a status report from the Registrar General of all High Courts could be sought to examine the pendency of POCSO cases. Even on this, Justice Bela orally remarked that the Supreme Court and the High Courts are already monitoring many cases and every court has a limitation on how long it can monitor a certain case.

"Difficult to give further directions just for the sake of our directions...Directing the High Courts to furnish the data would be a futile exercise according to me," she added. Justice Bela suggested that every High Court has real-time data from where the data on the pendency of POCSO cases could be gathered.

Eventually, the Court adjourned the matter and will hear it on March 25. It orally added that on the next occasion, the Court will dispose of the matter. However, it did not pass any directions to the High Courts. 

Case Details: IN RE ALARMING RISE IN THE NUMBER OF REPORTED CHILD RAPE INCIDENTS|SMW(Crl) No. 1/2019