Srinagar, Oct 08: The Protection of Children from Sexual Offences (POCSO) Act has become fully enforceable in Jammu and Kashmir following the abrogation of Article 370 in August 2019, with four exclusive fast-track POCSO courts handling over 800 cases since their inception, according to a study published in the Indian Journal of Preventive and Social Medicine.
The study, authored by Deva Pon Pushpam I, Suman Vashist, Sapna Singh and Frank J C, records that more than 310 cases of child sexual abuse were reported in J&K between April 2024 and April 2025, mainly from the Jammu and Srinagar districts. It notes that while the Act, enacted in 2012, offers a strong legal framework against sexual abuse, exploitation and pornography, its implementation in J&K has come with specific adjustments and challenges owing to the region’s unique socio-political context.
Following the abrogation of Article 370 in August 2019, the POCSO Act became fully enforceable in Jammu and Kashmir. Special courts and the appointment of Special Public Prosecutors (SPPs) were established to manage POCSO cases, ensuring specialised legal representation, the study states. As of January 2025, four exclusive POCSO fast-track courts are operational in the Union Territory.
The authors as per Kashmir Convener record that government and non-governmental organisations have launched awareness programmes for stakeholders including the police, the judiciary and the public, alongside training sessions for law enforcement to handle child sexual abuse cases “more sensitively. Child-friendly procedures mandated under the Act—recording the child’s statement in a safe space and permitting a trusted adult to be present—are being followed in J&K, the study says, adding that video conferencing for testimonies has been promoted to reduce the trauma of repeated court appearances.
Compared with other States, J&K stands out because of its recent administrative changes and security concerns. While northern States such as Uttar Pradesh and Bihar report higher absolute numbers of POCSO cases, J&K has seen a noticeable increase in reported cases since 2019. “The reporting trend in J&K is at odds with a national decline in juvenile crime, suggesting greater awareness and law enforcement efforts in the region,” the study observes as per Kashmir Convener.
Across India, 754 fast-track special courts, including 404 exclusive POCSO courts, were operational as of January 2025. “Differences in case registrations across regions reflect variations in reporting practices, legal infrastructure, and socio-cultural factors,” it says. While punishments under the Act are consistently strict across States, conviction rates and case disposal times vary significantly. “J&K faces challenges with limited infrastructure and judicial delays, resulting in only 38.5 per cent of reported cases resolved by mid-2025, prolonging the trauma for victims,” the authors say.
The study identifies socio-cultural barriers, legal delays, limited awareness and security concerns as the major impediments to effective implementation in J&K. “Conservative beliefs lead to underreporting due to stigma and fear of social rejection. Families may choose to settle cases privately rather than seek legal action, worried about potential damage to their reputation,” it says.
On judicial delays, it notes that special courts face resource constraints, hindering timely justice and causing “additional trauma for victims and their families.” Despite awareness campaigns, rural and remote areas remain uninformed about child rights and legal protections, with misunderstandings about the legal process persisting, it adds.
“The unstable security situation, particularly in certain areas, can impede the effective application of the Act. Security issues may take precedence over child protection cases, resulting in insufficient attention to POCSO cases,” the study says.
The study credits the Act with shaping J&K’s legal landscape by raising awareness about child sexual abuse and offering victims legal recourse, though it concedes that the actual impact on convictions and prevention remains limited. It notes a gradual rise in reporting, reflecting growing awareness, and credits NGOs and civil society organisations with encouraging victims to seek justice. The J&K High Court has issued several landmark rulings under the Act, establishing precedents that stress child-friendly procedures and strict penalties for offenders, it says.
In-depth and key informant interviews with community members, healthcare professionals and law enforcement personnel revealed varied levels of awareness. Many acknowledge its importance but point to sociocultural taboos, misinformation, and fear of retaliation as barriers to effective reporting and intervention.
The study recommends strengthening the judicial process by increasing the number of special courts and ensuring adequate resources, besides implementing time-bound trials. It calls for extensive awareness campaigns, especially in rural and remote areas, engaging community leaders, religious figures and school teachers to dispel myths about child sexual abuse, and regular training for law enforcement, the judiciary and healthcare professionals. It also urges the establishment of child protection units in every district and community involvement in child protection initiatives, insisting that child protection remain a priority for law enforcement even in areas facing security challenges.
The implementation of the POCSO Act in Jammu and Kashmir marks a positive step forward for child protection, despite significant obstacles. A multifaceted approach that emphasises awareness, judicial efficiency, and capacity building is necessary to ensure a safe environment for children in the region, the authors further added.
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