Jammu & Kashmir reports its highest POCSO case disposal in five years, but a mere 4.5% conviction rate raises concerns over investigation and trial gaps.
By Raja Syed Rather
Jammu and Kashmir’s child protection and sexual-offence justice mechanism continues to show mixed results, with official data revealing both progress in case disposal and persistent gaps in convictions. Fresh figures tabled in Parliament this week show that the Union Territory recorded an average conviction rate of just 4.5 percent in rape and Protection of Children from Sexual Offences (POCSO) cases tried before Fast Track Special Courts (FTSCs) in 2024—one of the lowest among States and Union Territories.
The Ministry of Women and Child Development, while responding to questions in the Lok Sabha, said the government places “top priority” on children’s safety and has expanded initiatives to strengthen the implementation of the POCSO Act. Among them are amendments introduced in 2019 providing stringent punishments, including the death penalty, and national-level systems such as the POCSO e-Box to facilitate direct reporting of abuse by children.
According to figures shared in the House, a total of 773 FTSCs, including 400 exclusive POCSO courts, were operational across 29 States and UTs as of September 30, 2025. Officials stated, “These courts have collectively disposed of 3.50 lakh cases, including over 2.25 lakh cases by exclusive POCSO courts since their inception.” The scheme, rolled out in 2019 under the Nirbhaya Fund and extended until March 2026, aims to fast-track trials of rape and POCSO cases nationwide, including in Jammu and Kashmir.
Despite the nationwide expansion of fast-track courts, J&K’s conviction rate continues to lag. “J&K is among the Union Territories where FTSCs are operational to ensure speedy trial of POCSO cases. However, the UT’s conviction rate of 4.5 percent remains among the lower figures reported across States and UTs,” the government said. Officials attribute the low conviction rate to structural gaps in investigation, delays in evidence collection, shortage of trained forensic personnel, and frequent witness hostility—factors that continue to undermine the efficiency of the justice process.
Case Disposal Improves
In a separate set of data presented by the Ministry of Law and Justice, Jammu and Kashmir recorded 42 POCSO cases in 2025, of which 23 were disposed of within the same year—the highest disposal count in the last five years. The National Judicial Data Grid (NJDG) figures show a marked improvement in comparison to earlier years, when disposal numbers remained in single digits.
According to the NJDG, J&K disposed of:
- 7 cases in 2021
- 10 cases in 2022
- 4 cases in 2023
- 6 cases in 2024
- 23 cases in 2025, the highest during the period
Officials describe this improvement as a sign that the FTSC system in the UT is stabilizing, though pendency remains a major concern.
The Union Government informed Parliament that four FTSCs—including two exclusive POCSO courts—are currently functional in J&K. These courts have collectively disposed of 338 cases since their establishment. However, 494 cases remained pending as of September 30, 2025, reflecting a significant backlog despite the fast-track mechanism.
The Ministry further said the FTSC Scheme has been extended until March 2026 “with a focus on strengthening exclusive POCSO courts to ensure time-bound disposal.” The extension is expected to allow the UT and other States to expand judicial infrastructure, fill vacancies, and improve coordination with police and prosecution wings.
Systemic Gaps Still Persist
While improved disposal rates in 2025 indicate administrative progress, legal experts say the low conviction rate highlights deeper structural issues. A 4.5 percent conviction rate—far below the national average for sexual-offence cases—suggests weaknesses not just in prosecution but across the entire chain: from reporting to investigation to trial.
Investigators often struggle with evidence preservation in remote areas, delays in medical examinations, lack of child-friendly procedures in early stages, and failure to record high-quality witness statements. Child rights activists also note that families sometimes withdraw cooperation due to social pressures, fear of stigma, or financial constraints, weakening the prosecution case over time.
The government has acknowledged some of these concerns and cited measures intended to strengthen implementation, including training of police, prosecutors, judicial officers, and support staff. Monitoring by the National Commission for Protection of Child Rights (NCPCR) has also been stepped up.
Need for Stronger Institutional Support
Despite the recent improvements, J&K authorities face continued challenges in ensuring consistent, timely, and victim-centric justice delivery. The pendency figure of nearly 500 cases points to the need for additional manpower, better forensic infrastructure, and more exclusive courts dedicated to POCSO matters.
Experts argue that without strengthening the first points of contact—police stations, child welfare committees, and hospitals—the FTSC mechanism alone cannot deliver the intended outcomes. For the UT, improving the conviction rate will require reforms in investigation, reduction of trial delays, better protection for child witnesses, and closer coordination between child protection units and law-enforcement agencies.
The next phase of the FTSC Scheme, valid until March 2026, is expected to focus on these systemic corrections. Whether this will significantly improve conviction rates in Jammu and Kashmir remains to be seen, but the data presented in Parliament underscores both the urgency of reforms and the need to sustain recent progress in case disposal. (KNO)
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