Alakh Alok Srivastava v. Union of India
Bench: Division Bench — 2 Judges (Dipak Misra CJ & A.M. Khanwilkar J)
Parties
Facts of the Case
Following the horrific rape and murder of an eight-year-old girl in Kathua, Jammu and the Unnao rape case (both surfacing in 2018), advocate Alakh Alok Srivastava filed a PIL before the Supreme Court seeking a systemic response to crimes against children. The Court used this PIL to issue comprehensive directions for the establishment and functioning of POCSO fast-track courts across India, the expeditious conclusion of POCSO trials, and the protection of child victims during proceedings.
Legal Issues Before the Court
- 1What systemic measures must be taken to ensure expeditious trial of POCSO offences?
- 2Should dedicated fast-track special courts be established under Section 28 POCSO for all districts?
- 3What protections must be afforded to child victims/witnesses during POCSO proceedings?
The Judgment
The Supreme Court issued comprehensive directions: (1) all States/UTs must establish dedicated POCSO fast-track special courts — one per district as a minimum; (2) POCSO trials must be concluded within one year from the date of cognisance; (3) child victims must be afforded all protections under POCSO including use of screens, support persons, video-link testimony, and child-friendly court environments; (4) monthly reports on POCSO trial pendency to be submitted to High Courts; (5) Governments to fund these courts adequately.
Key Principles Laid Down
POCSO FAST-TRACK COURTS ARE MANDATORY, NOT DISCRETIONARY: Section 28 POCSO requires the establishment of special courts for POCSO offences. Post Alakh Alok Srivastava, these are mandatory and must be dedicated (not sharing jurisdiction with other sessions matters).
ONE YEAR TIMELINE FOR POCSO TRIALS: POCSO trials must be concluded within one year from the date of cognisance. While this is aspirational rather than strictly enforceable as a voidance rule, it creates an accountability framework for judicial officers.
CHILD VICTIM PROTECTION DURING TESTIMONY: Children testifying in POCSO cases must be given the full suite of protections: screen/partition so they cannot see the accused, support person (teacher, counsellor) present throughout, video-link testimony from a different room, no leading questions by the accused, no questions about the victim's past sexual conduct.
SECTION 35 POCSO — TRIAL COMPLETION MANDATE: Section 35 POCSO already requires completion of trial within one year. Alakh Alok Srivastava gave teeth to this provision through mandatory monitoring by High Courts.
Impact on Indian Law
Alakh Alok Srivastava triggered a nationwide expansion of POCSO fast-track special courts. As of 2022, over 750 dedicated POCSO fast-track courts had been established across India under a Central scheme. The judgment created a monitoring framework — High Courts and the Supreme Court periodically review pendency. The case is central to understanding the institutional infrastructure for child sexual offence prosecution and the constitutional obligations of the state to provide speedy justice for child victims.
Frequently Asked Questions
What are POCSO fast-track courts and are they mandatory?
POCSO fast-track special courts are dedicated courts established under Section 28 of the POCSO Act specifically to try offences under POCSO. After Alakh Alok Srivastava (2018), the Supreme Court directed that every district must have at least one dedicated POCSO fast-track court — they are mandatory, not discretionary. Trials must be completed within one year of cognisance under Section 35 POCSO.