The Madras High Court has told every trial court in Tamil Nadu that handles rape and Pocso Act cases to hear them day after day, and to stop granting adjournments unless there is a truly exceptional reason, recorded in writing.
A first division bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G Arul Murugan issued the directions on Wednesday. The petition came from a rape survivor from Andhra Pradesh who was sexually assaulted at Tiruvannamalai. She had asked the court for a speedy prosecution and trial.
The order names the courts it covers: principal district and sessions courts, additional sessions courts, mahila courts and other special courts now hearing such cases. All are to “make every effort to comply with the mandatory two-month timeline under the proviso to Section 346(1) of the BNSS,” the bench said.
Police under scrutiny
The case before the bench involved two policemen accused of raping the woman. The judges directed the state’s DGP to make sure officers who are meant to protect women do not become perpetrators, and ordered him to hold a review meeting every year to check the supervisory system that is supposed to prevent crimes against women by police.
“The authorities should ensure that instances of this nature, where the protectors have turned predators, should never recur,” the order said.
Special courts and training
For Pocso cases the bench placed a separate duty on the state government and the high court’s registrar general, who must jointly see that every case is tried by a duly constituted special court under Section 28 of the Pocso Act. Presiding officers must also be trained in child-sensitive procedures.
The court further instructed the committee responsible for putting the Juvenile Justice Act into effect to monitor how trials are progressing in every district.
