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Child rape: SC orders setting up special POCSO courts in districts with over 100 cases

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Man forces minor to do oral sex for Rs 20

Taking note of alarming rise in child rape cases in the country, the Supreme Court today (Thursday, July 25) ordered the Centre to set up special courts in each district across the country that had over 100 cases of child abuse and sexual assault pending trial under the Protection of Children from Sexual Offences (POCSO) Act.

A 3-judge bench headed by Chief Justice of India (CJI) Ranjan Gogoi and also comprising Justice Deepak Gupta and Justice Aniruddha Bose directed that the courts be set up within 60 days. To be established under a Central scheme and fully funded by the Centre, the Centre would fund everything from the payment of the presiding officers, staff and support persons to the court’s child-friendly infrastructure.

The court asked Solicitor General Tushar Mehta to file a progress report in four weeks and the court would take up the matter again on September 26.

The Supreme Court’s order came a day after Rajya Sabha approved amendments to the POCSO Act to include death penalty for sexual assault on minors. The amendments also provide for fines and imprisonment for those indulging in child pornography. The Bill was introduced in Parliament by Women and Child Development Minister Smriti Irani on Tuesday, and will now be sent to the Lok Sabha for approval. It was approved by the Union Cabinet earlier this month.

The Supreme Court had a week ago taken suo motu cognisance of the matter in view of the “alarming rise” in the number of rape incidents against children in the country and decided take remedial measures to thwart the crime. 

The SC bench appointed senior advocate V Giri as amicus curiae (friend of the court) to assist it in framing guidelines on the kind of directions that can be issued to states on infrastructure and video-recording of the proceedings. It made clear that no third party except Giri and Solicitor General Tushar Mehta would be allowed to intervene in the matter saying that otherwise nothing can happen in such a matter.  The bench directed the Registry to register the case as a writ petition titled as “In-re Alarming Rise in The Number of Reported Child Rape Incidents” and present the suggestions by Monday for issuance of directions.

The apex court order came on a suo motu public interest litigation petition registered by the Supreme Court, concerned at the “alarming rise” in child abuse cases and their long pendency in courts.

Noting that children were the victims in such cases, the CJI said there was no excuse for long delay in justice for them. The traumatised victims needed to be treated with compassion and kindness. In short, a completely different approach was required while investigating and trying POCSO cases.

When told that there were two exclusive POCSO courts at the Saket court complex in the National Capital, the CJI said the Supreme Court was not talking with reference to Saket but about “those courts in certain States where privacy means drawing a curtain between the victim in a POCSO court and the accused.”

He said that one judge had to oversee over 400 cases under the POCSO Act and that the Act itself was not implemented well enough.

“We are concerned about States where there is hardly any infrastructure; where the Magistrate has hardly any room; where he or she sits in a small four-by-four enclosure. These presiding officers lack basic infrastructure yet are snowed under by cases under new laws… New law means new responsibility and additional burden for them…These are the real issues which affect the judiciary and not the Supreme Court Collegium,” CJI Gogoi said.

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The top court noted that collection of further nationwide data on child rape cases would delay implementation of POCSO law. When one of the court officers sought more time to collect more data on POCSO cases, the CJI cut him short, saying “What more data is required here? Data to show that the country has more cases than judges?”

The Chief Justice then turned to the Solicitor General and told him, “Mr. Mehta, ask your government to make the money available [for the establishment of special POCSO courts].”

The bench said the Centre would have to appoint trained, sensitised prosecutors and support persons to deal with POCSO cases. It also directed the chief secretaries of states and Union Territories to ensure timely submission of forensic reports in such cases.

The court, though it deferred any orders for the establishment of exclusive forensic laboratories for POCSO cases, ordered the directors of the existing ones to deal with POCSO case evidence promptly to cause no delay in the probe or trial of such cases.

The court had registered the PIL plea under the title ‘In-re Alarming Rise in The Number of Reported Child Rape Incidents.”

The PIL plea was instituted on the basis of the court’s own report that showed that from January 1 to June 30 this year 24,212 First Information Reports were filed across India.

Of these, 11,981 were still being probed by the police and in 12,231 cases, the police had filed the charge sheets. Trial had commenced in 6,449 cases only, it said, adding that they were yet to commence in 4,871. Till now, the trial courts had decided only 911 cases, that is, about 4% of the total cases registered.

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Man attempting to cross India-Pakistan border in Rajasthan shot dead by BSF personnel

“We are investigating the case under these acts,” he added.

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Border Security Force (BSF) personnel shot and killed an individual attempting to cross the India-Pakistan border in the Ganganagar district of Rajasthan late on Tuesday, according to police.

Jitendra Kumar, the station house officer at Kesrisinghpur police station, stated that the man was trying to breach the barbed wire fence when he was spotted by BSF personnel. “They advised him to leave the area, but when he continued to advance, the BSF personnel shot him,” said the SHO.

Sriganganagar Superintendent of Police Gaurav Yadav confirmed that the suspect was allegedly trying to enter Indian territory around midnight on December 24, 2024. Despite warnings from the BSF soldiers, he did not heed their calls, which resulted in the shooting.

The incident occurred near a village in the Kesarisinghpur area. Items recovered from the intruder included Pakistani currency notes, a cigarette packet, an identity card, and other belongings. Authorities are currently gathering more information about him.

Ongoing discussions are taking place between the armed forces and police officers regarding the incident. An FIR has been filed that includes charges of trespassing and violations of the Passports Act and the Foreigners Act, according to Kumar. “We are investigating the case under these acts,” he added.

This incident is one of several similar occurrences along the border. In August, the BSF apprehended an intruder named Jagsi Kohli, who had entered about 15 kilometers into Indian territory in Barmer after locals alerted authorities that he was asking for directions to Tharparkar, a district in Pakistan’s Sindh province.

In March of this year, another person attempting to cross the border in Ganganagar was shot by BSF personnel. There have been additional incidents reported in October 2022 and twice in March 2021, all resulting in fatalities among the intruders.

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Amit Shah, JP Nadda, Chandrababu Naidu among leaders at NDA meet in Delhi amid Ambedkar row

The alliance had decided to convene on the birthday of the late BJP leader, noted for successfully leading the first coalition government to complete its term.

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Union Home Minister Amit Shah, BJP chief J.P. Nadda and Telugu Desam Party (TDP) president and Andhra Pradesh Chief Minister Chandrababu Naidu among leaders of the NDA met in New Delhi on Wednesday to discuss different issues including Shah’s comment on BR Ambedkar days ago in Rajya Sabha.

In attendance, apart from Shah, Nadda and Naidu, JD-U leader and Union minister Rajiv Ranjan Singh, Apna Dal (S) president and Union minister Anupriya Patel, as well as JD (S) leader and Union minister H.D. Kumaraswamy were present.

Also present were Jitan Ram Manjhi, leader of Bihar’s Hindustani Awam Morcha (S) and a minister in the Modi government, Rashtriya Lok Morcha (RLM) president Upendra Kushwaha, a Rajya Sabha MP, and Thushar Vellappally, president of Bharath Dharma Jana Sena.

While the specific agenda of the meeting was not officially disclosed, sources indicated that discussions revolved around good governance and various political issues—principles that were central to Vajpayee’s tenure as Prime Minister. The alliance had decided to convene on the birthday of the late BJP leader, noted for successfully leading the first coalition government to complete its term.

Following the meeting, Nadda shared on X, “Attended the NDA leaders’ meeting in New Delhi today. Under the visionary leadership of PM Narendra Modi, India is achieving unprecedented milestones and has positioned itself as a global superpower. The NDA government remains committed to realizing the vision of ‘Viksit Bharat@2047’, ensuring a brighter and more prosperous future for all.”

Sanjay Nishad, chief of the NISHAD Party in Uttar Pradesh, described the meeting as “informal” and focused on Vajpayee’s legacy. He emphasised the importance of unity among all alliance members heading into future elections, mentioning that they congratulated the BJP leaders for their electoral victories in Haryana and Maharashtra.

Nishad further outlined that the meeting addressed coalition strategies to ensure that Prime Minister Modi’s initiatives effectively reach the populace and that electoral promises are fulfilled. He raised the topic of providing reservations for the fishing community, stating, “I presented evidence on this issue, as it was a poll promise. They will follow up with us next week to discuss it.”

Responding to inquiries about whether Amit Shah’s controversial remarks on Ambedkar were discussed, Nishad said, “We are here for the welfare of the people. Our energy should focus on achieving success in that area, rather than engaging with negativity from opposition parties.”

The NDA meeting underscores the alliance’s commitment to the proposed simultaneous elections, with all members backing the initiative. A Joint Committee of Parliament, established to review two bills related to simultaneous polls, is set to convene on January 8.

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Manipur CM Biren Singh says state needs immediate peace, understanding between two communities

He claimed that the administration is responding quickly to the displaced people’s needs in areas such as education and agriculture.

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Manipur Chief Minister N Biren Singh on Wednesday emphasised the urgent need for peace in the state, which has faced ethnic violence since May of last year, and called on two communities to reach a mutual understanding.

Speaking at the Good Governance Day event held at the state BJP headquarters, Singh expressed confidence that the BJP could restore stability to the northeastern state, highlighting the party’s commitment to coexisting harmoniously.

“What is happening in Manipur today has multiple causes. Those who seek to divide the state are now questioning the government’s actions… they are driven by a desire for power,” Singh remarked.

He mentioned several initiatives, such as ‘Meeyamgi Numit’ (People’s Day), designed to foster closer relationships between officials and the public. “We do not oppose any specific community. The BJP’s position is clear: we advocate for the idea of living together and have initiated efforts to strengthen ties between the police and the community,” he stated.

Singh added that the state government is diligently addressing the needs of internally displaced persons by establishing committees throughout the administrative framework. He claimed that the administration is responding quickly to the displaced people’s needs in areas such as education and agriculture.

“We have not made any mistakes. Our goal is to ensure the well-being of future generations. It is essential for both communities to remain calm. Rather than dwelling on the past, we should concentrate on the upcoming NRC process, capturing biometrics, and using 1961 as the foundation year for the Inner Line Permit,” Singh said.

He also highlighted the government’s commitment to acting within a democratic and constitutional framework, noting that achieving these goals will take time. “What we require now is immediate peace and a resolution of misunderstandings between the two communities,” he concluded.

The ongoing violence has resulted in the deaths of over 250 individuals and left thousands homeless due to clashes between the Meitei community and Kuki-Zo groups since last May.

“Only the BJP can save Manipur. BJP leaders possess strong values of nationalism and social justice, practicing reality-based politics in the nation’s interest. If I am not nominated for a ticket by the BJP, I will remain loyal to the party,” Mr. Singh added.

He also highlighted several unity-focused projects initiated by the BJP government, mentioning that a Unity Mall featuring stalls from all ethnic groups in the state will be constructed with an investment exceeding ₹140 crores.

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