In Conversation With Mr. Bhuwan Ribhu, A Child Rights Activist And Founder Of Just Rights For children Network

With POCSO courts recording a 109% disposal rate for the first time, Bhuwan Ribhu, a globally recognised child-rights activist, examines whether this marks sustainable judicial reform or a temporary spike, and what still stands between children and justice.

A recent CLAB report highlights a 109% case disposal rate in child sexual offence cases. What factors drove this rise—systemic reform, judicial focus, or procedural shifts? And do you see this as a sustainable transformation or a temporary spike?

In 2019, the backlog of child sexual abuse cases in India stood at a staggering 1,35,184, while the number of cases being disposed of each year was 16,342. What this meant in practical terms was that it would have taken 8 years to clear the backlog alone, even if no new cases were registered.

In this light, the Government of India and the Supreme Court of India took a remarkable step by instituting 1,023 special courts through a dedicated scheme and making a budgetary allocation of Rs 767 crore. Buoyed by early results, the scheme was continued. This was preceded by an amendment to the Protection of Children from Sexual Offences Act and a sharper societal focus on confronting child sexual abuse across the country.

The rise in disposal rates is the outcome of these factors working together. A shift in priorities across society and government led to higher resource allocation and clearer accountability, regular monitoring of the National Judicial Data Grid by officials, and parliamentary and executive oversight before releasing further funds to sustain momentum. This points to a transformation that is sustainable and broadly aligned with the rise in reported cases.

Till December 2, 2025, 80,320 POCSO cases were instituted nationwide, while 87,754 cases were disposed of, resulting in a disposal rate of 109 percent. For the first time since the enactment of the Protection of Children from Sexual Offences Act, courts have begun to reduce the accumulated backlog.

Disposal rates of this scale require sustained effort by judges, court staff, prosecutors, police and administrators operating under intense pressure, rising caseloads and public scrutiny. They also reflect the contribution of institutional mechanisms such as Fast Track Special Courts and exclusive POCSO courts, which have expanded capacity and prioritised sexual offences against children. Better coordination between investigators and prosecutors, alongside closer monitoring of pendency, has improved trial readiness and continuity.

To sustain this progress, further steps are required to increase the number of courts, clear the backlog and improve conviction outcomes in child sexual abuse cases. The change underway is both systematic and systemic, operating at scale.

You have strongly advocated for the Support Person system under POCSO. Can this framework effectively prevent traumatisation, hostile testimony, and case attrition, or does its impact still vary widely on the ground?

A child victim of sexual abuse and their family live in constant trauma, hurt and fear. This is aggravated by limited understanding of the legal system, societal apathy, ignorance, delays and the absence of adequate mental health support systems.

A Support Person functions like a trusted companion who helps the child and the family navigate this entire process. No chain is stronger than its weakest link, and laws remain confined to paper unless they are implemented on the ground for child protection. The responsibility for implementing these laws rests at every stage of the legal and judicial process.

A Support Person can become the face of the justice delivery framework and the first step toward psychological first aid. They can act as a friend and guide through a complex legal process and, in many cases, as a mentor in helping the victim realise the rights owed to them. In several situations, the Support Person assists the child and family in making informed choices about compensation, victim protection, education, rehabilitation and even relocation. They safeguard emotional wellbeing and mental health, provide psychological care and serve as a bridge between the child and the justice system.

The true success of the Support Person framework lies in its effective implementation.

The central challenge is uneven execution. In many states, Support Persons are not appointed at all, or are assigned without training, without independence from investigating agencies, or without continuity across the life of the case. In such settings, the protective intent of the law weakens and the child is exposed to intimidation, confusion and fatigue. As a result, the impact of the framework varies widely because compliance is inconsistent. Where Support Persons are appointed on time, properly trained and allowed to function independently, outcomes improve significantly.

This is why the recent intervention of the Supreme Court of India is so significant. By calling out states and Union Territories for inaction and seeking explanations on compliance, the Court has made it clear that child protection under POCSO cannot remain symbolic or discretionary. Sustained compliance, backed by administrative commitment and monitoring, is what will ensure that Support Persons can operate as intended and that protections promised to children are actually delivered.

Based on your experience, are police, prosecutors, and child-welfare institutions responding to child sexual offence cases in a consistent and survivor-sensitive manner across the country?

Much has changed in India over the last decade and, despite anomalies, it is fair to say that police and prosecutors are now responding more consistently in cases of child sexual offences. Data from the National Crime Records Bureau show that 177,335 crimes against children were registered in 2023, an increase of about 9.2 percent over 2022. Of these, 67,694 cases were recorded under the POCSO Act, accounting for roughly 38 percent of all crimes against children. Madhya Pradesh, Maharashtra and Uttar Pradesh reported the highest overall numbers in 2023.

This rise reflects a combination of greater reporting and continuing incidence, rather than a sudden increase in underlying harm.

At the same time, serious gaps remain, including inconsistent payment of compensation, even though compensation is a clear right of the victim. Blame and shame also continue to be placed on the child, when this burden must shift decisively away from victims. Society and the judiciary must stand with children at all times.

Several states continue to perform poorly on justice outcomes for child survivors. What immediate reforms are needed to prevent widening disparities in access to justice?

The essence of justice lies in preventing crime itself, and all efforts toward access to justice must concentrate on two core questions. How do we ensure reparation for victims and their families? How do we ensure reformation and rehabilitation that reduce the risk of recidivism among the accused?

The judicial system must reassure the child victim that the system and society stand alongside them, while creating an ecosystem of deterrence that is clearly oriented toward prevention. The end goal remains the prevention of crime.

Immediate reform is needed in public attitudes. Sexual abuse of a child must never be linked to honour or treated as a source of embarrassment. Many victims, especially boys, do not report abuse because of fear, guilt, shame and stigma. Large-scale public awareness is required to shift blame and shame away from victims.

Education and awareness must reach schools, villages and public spaces where children are present. There must be stronger accountability for social media companies, restrictions on children’s access to harmful online spaces and age-appropriate sexual education focused on safety and consent.

Prevention requires a layered approach. It begins with children, extends to families, then communities and panchayats, and finally to the response framework that includes child protection agencies. Within homes, children must receive sexual education. Families need greater awareness, boys must be taught positive masculinity and blame and shame must change sides. Schools must run safety programmes and child rights education that address vulnerabilities linked to trafficking, child marriage and responsible sexual behaviour.

When a crime against a child occurs, the response of child protection agencies is critical. Children’s rights must be ensured in full, including compensation, protection and justice must be seen to be done.

More than a decade after the enactment of POCSO, is India moving from symbolic child-protection laws to lived justice for survivors—or do structural gaps still persist?

India has unquestionably strengthened its legal architecture since the POCSO Act came into force.

However, courts must also remain mindful that under POCSO, the burden of proof lies on the accused, and that victims must be protected at every stage to prevent revictimisation in the legal and judicial process.

The Supreme Court of India recently corrected two serious errors. First, it stayed the Delhi High Court order granting bail to Kuldeep Singh Sengar in the Unnao rape case. Second, it delivered a landmark judgment in Just Rights for Children Alliance v. S. Harish centred on the possession and viewing of child sexual exploitation and abuse material (CSEAM).

Policy commitments must be backed by budgetary allocations and institutional support. Accountability must be fixed, and public understanding of both existing and emerging forms of child sexual abuse must deepen, including child marriage and abuse linked to settings such as orchestras and spas. Judicial officers require focused training, along with policy reform that sets clear time frames for trials and appeals in higher courts.

The shift from law on paper to justice in practice has begun, but sustained reform and consistent adherence to the statutory framework are essential to ensure that this change is real for every child.

What is your opinion on introducing the concept of age of consent within POCSO, and how could it impact child protection?

Age of consent can’t be reduced. Introducing consent will open a Pandora's box, legitimising various forms of child rape, including trafficking and child marriage. Since 18 is the non-negotiable threshold for consent, any sexual act involving a person under 18 is an offence. Lowering that to 16 would erode deterrence by suggesting consent is negotiable. A trafficker or abuser could claim sexual activity was consensual simply because the minor was over 16.

Children aged 16 to 18 years face larger vulnerability when it comes to child marriage, trafficking, grooming, and coercion. They lack emotional maturity to grasp the meaning or consequences of consent. Their brains, specifically regions governing impulse control and risk evaluation, continue developing into their mid-20s. While they may have the physical capacity for sexual activities, their brains may not yet be fully developed to make informed decisions about giving or refusing consent.

POCSO remains India's strongest legal safeguard against child sexual offences. However, before considering amendments to the law, the priority must be its full and effective implementation.

You have consistently argued that child marriage is a gateway to sexual exploitation. How can stronger, coordinated use of PCMA and POCSO shift India’s approach from reactive prosecution to early prevention?

The Prohibition of Child Marriage Act (PCMA) and the POCSO Act together create a strong deterrent framework. Closer coordination between PCMA and POCSO drives behavioural change and a shift in consciousness that will help stop people from raping children in marriage. POCSO addresses the reality of child marriage for what it is: rape of a child. Applying POCSO alongside PCMA removes the false legitimacy long claimed through marriage. Sexual activity involving a minor is a criminal offence regardless of marital status.

In cases where a child marriage has already occurred and abuse has followed, the combined application of PCMA and POCSO ensures protection for the victim throughout the judicial process. Trial procedures are clearly defined, fast-track mechanisms are available, compensation improves and alternative pathways for rehabilitation are opened. When these two laws operate together, the impact is preventive rather than limited to punishment.