By Tanishka Shah

The Madhya Pradesh High Court has initiated suo moto proceedings to examine the compliance, awareness, and monitoring of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), after noting a significant rise in cases involving victims aged 16–18 years and offenders aged 19–22 years. The Court emphasized that this is a serious social issue that threatens the future of the country’s youth.

While hearing criminal appeals against convictions under the POCSO Act, a Division Bench comprising Chief Justice Suresh Kumar Kait and Justice Vivek Rusia observed that a large number of cases of sexual assault and harassment of minors are pending before Special Courts and the High Court. The Court directed the registry to register a suo moto writ petition to assess the enforcement of Sections 43 and 44 of the POCSO Act and issued notices to various government authorities, requiring them to file replies within four weeks.

The POCSO Act was enacted to address inadequacies in existing laws concerning sexual offences against children and came into force on 14-11-2012. However, the Court highlighted that across Madhya Pradesh, many trials remain pending in Special Courts, and 14,531 criminal appeals are pending in all three benches of the High Court. The Court expressed concern over the trend of cases involving young victims and accused persons, emphasizing the need for stronger awareness and compliance mechanisms.

Under Section 43 of the POCSO Act, the Central and State Governments are responsible for publicizing the Act widely through various media channels, raising awareness among children, parents, and the general public, and conducting periodic training for law enforcement officials. Section 44 mandates the National and State Commissions for Protection of Child Rights to monitor the implementation of the Act. The Court observed that the lack of awareness about the provisions of the POCSO Act is a key factor contributing to the rise in sexual offences against children.

To address these concerns, the Court directed the registry to register the matter as a suo moto writ petition and issue notices to:

• Union of India (Ministry of Women and Child Development)
• Chief Secretary, State of Madhya Pradesh
• Principal Secretary, Women and Child Development, M.P.
• Director General of Police, M.P.
• National Commission for Protection of Child Rights
• State Commission for Protection of Child Rights (if established)

The Court emphasized the necessity of compliance with Sections 43 and 44 of the POCSO Act to curb sexual offences against minors and ensure the protection of children’s rights.

[Click here to read/download the judgment]