Under a third of sexual harassment cases end up in conviction, shows data

POCSO cases also show few convictions, high pendency

Around two-third of the cases registered in India over sexual harassment of women, and similar offences against children, do not result in convictions.

The conviction rate has stagnated below 50 per cent for years, shows data from the National Crime Records Bureau (NCRB). The pendency rate, or the share of cases that haven't yet concluded, is over 90 per cent in both categories.

Earlier in January, women wrestlers had started a sit-in protest against the Wrestling Federation of India (WFI) president Brij Bhushan Sharan Singh over alleged sexual harassment, including one allegation (later withdrawn) by a minor. India’s top wrestlers, including Vinesh Phogat and Sakshi Malik, took part in the protest. The charge sheet was filed on Thursday.

Some 17,539 cases of sexual harassment were recorded in 2021, but this was below pre-pandemic levels. Over 18,000 cases had been reported in 2019. Cases filed under the Protection of Children from Sexual Offences (POCSO) Act rose to nearly 54,000 as of 2021, from about 47,000 in 2019. Three POCSO cases were recorded for every one case of sexual harassment in 2021 (chart 1).

Sexual harassment cases at work or at the office premises declined to 418 in 2021 from 485 in 2020, while cases of harassment in the public transport system dipped from 375 to 357. Business Standard had earlier reported that some believe the pandemic had removed conditions for physical proximity which reduced instances. Another segment felt that sexual harassment had moved online, but the mechanisms for policing such behaviour have not caught up as quickly. Cases in shelter homes for women and children rose from 407 to 436 in the same period.

Among the 36 states and union territories, the most populous state Uttar Pradesh registered the maximum number of cases at 3,557; followed by Maharashtra (3,144) and Madhya Pradesh (1,557). Only around 36.6 per cent of cases resulted in conviction by courts in 2021. Around 95 per cent of cases remained pending (chart 2).

With 7,129 cases under the Act, Uttar Pradesh had the highest number of cases under POCSO. Next was Maharashtra (6,200) and Madhya Pradesh (6,070). The national conviction rate was 32.2 per cent under POCSO in 2021. The pendency rate was 92.6 per cent (chart 3).

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