POCSO law in Tamil Nadu is strong on paper, but justice lags on ground

The Protection of Children from Sexual Offences (POCSO) Act was introduced in 2012 to ensure swift justice for survivors. But over a decade later, Tamil Nadu shows worrying trends: extremely low disposal rates, delayed compensation, and broken implementation. In a sharp and honest conversation with The Federal, Dr. Saranya T Jaikumar — former member of the Tamil Nadu State Commission for the Protection of Child Rights (TN SCPCR) and a practising psychologist — lays bare the system’s failures and what needs urgent fixing.

Tamil Nadu government recently submitted a report showing a rise in POCSO cases. As a former child rights commissioner and psychologist, how do you view this?

This Act was formed in 2012. But until I joined the Commission in 2021, not many people were even aware of it. My team, along with the chairperson and other members, worked hard to create awareness. From 2012 to 2021, not many children came out to speak.

A rise in reported cases doesn’t always mean crimes have increased. It could also mean that more children now feel confident to speak out. NGOs, Childline, the ministry have all been working to raise awareness. That’s a good sign. But at the same time, the numbers are worrying. Over 400 cases reported last year reflect the ground reality. While reporting must increase, the actual number of incidents must come down.

The disposal rate of POCSO cases in Tamil Nadu is reportedly just 2%. How serious is this problem?

It's very worrying. As a long-time child rights activist, I can say we have the laws, but implementation is a major problem. When a child comes forward, their identity must be protected. But I’ve seen some police officers treating such sensitive cases as if they were routine panchayat disputes. That’s completely unacceptable.

The law exists. We don't need new laws. What we need is implementation and punishment. But when a case drags on for 3–4 years, how can a child move on? The trauma stays forever. And when the accused gets bail in just three or six months and comes back to threaten the child, it destroys trust in the system.

You’ve said earlier that many cases get stuck due to lack of evidence. But doesn't POCSO place the burden of proof on the accused?

Yes, POCSO clearly says the child’s statement is sufficient. The burden of proof lies on the accused. That’s what we say on record. But how much of this is implemented? That’s a serious question. There are clear gaps in coordination between the police, hospitals, and child protection units. Everyone needs to work together.

For example, the police have to work with the gynecologist in government hospitals to collect medical evidence. But there's a lag. There’s a communication problem. SOPs (Standard Operating Procedures) exist, but are they being followed? Not really.

You mentioned earlier that some officers treat POCSO cases like panchayat issues. Can you elaborate?

Yes, during my time in the Commission, I saw multiple cases where police tried to settle things informally. That leads to further victimisation. As a psychologist, I can say a child who’s been abused must speak just once or twice — maybe to the police, and then to the magistrate. That’s it. We try to erase those memories and help the child recover.

But if a case drags on for years, the child is stuck. Justice delayed is justice denied. We say the Act is strong on paper, but implementation is weak.

Another worrying statistic — only 3–5% of POCSO victims in Tamil Nadu receive interim or final compensation. Why is that?

The system is in place, but releasing compensation takes time. I’ve seen cases where documentation delays it. Sometimes, departments don’t receive funds or the budget is insufficient.

This is a sensitive issue. But yes, misuse happens too. For instance, if a 16-year-old elopes with an adult, it becomes a POCSO case, and sometimes they even get compensation. Two years later, they get married and live happily. In such cases, compensation shouldn’t have been granted. Each case is different. But once the court decides, compensation must be paid. Still, many cases are pending.

What about the State Commission for Child Rights? It hasn’t been reconstituted in Tamil Nadu yet. Isn’t that a huge gap?

Yes, it is. Applications have been called and received, but appointments haven’t been made. This Commission is crucial. In Kerala and Goa, commissions are active and effective. In Tamil Nadu, members don’t even get paid. We work purely out of passion.

A functioning Commission can monitor law implementation and coordinate departments. That’s essential. Right now, cases are being handled by the women’s commission or human rights commission. But they aren’t specialised in child rights.

What’s your take on the Anna Nagar case, where the state challenged a CBI probe in the Supreme Court?

If the government really cares about children, the first step is forming the Commission. Then ensure Anganwadi centres are monitored, pediatric wards in government hospitals are functioning, and RBSK teams are active. We must ask: are child labour and child marriages being tracked? What is the action taken?

Tamil Nadu has a good gross enrollment ratio, but we can still do better. It all begins with proper monitoring and functioning institutions.

Child marriage and teenage pregnancy are rising. But they aren’t clearly covered under POCSO. Shouldn’t that change?

These issues must be handled through coordination. District child protection units, health departments, and police must work together. This is not something that can be resolved in a panchayat. It needs legal action.

We don’t need new laws. We need to implement the ones we already have. For instance, a 60-year-old man sexually abused a 12-year-old girl and still hasn't gotten punishment. What’s happening?

In the US, age difference matters. Here, it doesn’t. A 17-year-old boy and 16-year-old girl involved in consensual sex is still considered a POCSO case. That boy is sent to an observation home. The law must be understood properly.

So in short, where is the system failing the most?

Empowering the State Child Rights Commission is the first step. If departments fail to follow SOPs, where can victims go? To courts again and again? Do they have legal support? A functioning commission can hold departments accountable. It can coordinate, question, and fix things. This is happening in almost every other state except Tamil Nadu.

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