·The Hindu·15 marks·250–350 wordsPolitySociety

When the accused is socially and economically powerful, the investigation and trial of sexual offences face distinct ethical challenges. Discuss the role of institutional safeguards.

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In this answer
  1. Distinct ethical challenges
  2. Role of institutional safeguards

Equality before law (Article 14) is tested hardest when the accused has wealth and influence. Chennai businessman R. Veeramani is already in custody in one POCSO case. A second case has now been filed against him on a mother's complaint about her minor daughter [1]. Such cases depend less on how strict the law is and more on whether institutions can resist power.

Distinct ethical challenges

  • Compromised investigation: there may be pressure to delay the FIR, dilute the charges or go slow on arrest. Public trust in the probe itself then weakens.
  • Hostile witnesses: the Centre names family members and victims turning hostile, poor investigation and too little evidence as causes of low POCSO conviction [2]. Money and influence make it easier to pay or frighten a family into withdrawing.
  • Silence from power asymmetry: economic dependence and stigma delay reporting. Here, statements from three other women surfaced only later [1].
  • Delay as a weapon: FTSCs had over 1.93 lakh cases pending against 1.24 lakh disposed (October 2022) [3]. Each month of delay gives more time to pressure witnesses.
  • Severity paradox: the 2019 amendment added the death penalty [4]. This raises what the accused has to lose, and so the incentive to silence the family.

Role of institutional safeguards

  • Specialised probe: an SIT keeps the investigation away from local influence [1].
  • Time-bound child evidence: the child's evidence must be recorded within 30 days of cognizance, and the trial finished within one year "as far as possible" [4]. This shortens the window for coercion.
  • Dedicated courts: 754 FTSCs, including 404 exclusive POCSO courts, had disposed of over 3.06 lakh cases by January 2025 [5]. The target is 1,023 courts [2].
  • Limits: the 96.28% disposal rate [6] counts acquittals too. In 2014, only 100 of 406 completed POCSO trials ended in conviction [7]. Speed does not guarantee justice.

Way forward: protect the victim's family from the FIR until the child testifies. The Department of Justice should publish conviction and hostile-witness data for each court [2]. States should set up the courts still pending and staff them with judges trained for child-sensitive trials.

Institutional safeguards turn Article 14 from a promise into practice. They work best when paired with certainty of conviction, not just severity of punishment. Strong, independent institutions can protect children from powerful offenders and advance SDG 16.2: ending abuse and violence against children.

Sources

  1. 1Yet another POCSO case filed against Veeramani — The Hindu, 29 Sep 2026 (news report)second case, SIT probe, complaint by the mother of a minor, statements from three other women, accused already in custody
  2. 2Conviction Rate in POCSO Cases — PIBreasons for low conviction, including hostile families; target of 1,023 FTSCs run by the Department of Justice
  3. 3Fast Track Special Courts under POCSO Act — PIBpending vs disposed cases, October 2022
  4. 4Implementation of POCSO Act — PIB30-day evidence rule and 1-year trial limit; 2019 amendment adding the death penalty
  5. 5754 Fast Track Courts, Including 404 POCSO Courts functional in 30 states, dispose over 3.06 Lakh cases by January 2025 — PIBFTSC status
  6. 6Swift Justice, Safer Society: The Impact of Fast Track Special Courts — PIB96.28% disposal rate
  7. 7Conviction under POCSO Act — PIB100 convictions out of 406 completed trials in 2014
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