Running head: RESEARCH PROPOSAL ON POCSO ACT 1

Research Proposal on Pocso Act

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March 29, 2021

RESEARCH PROPOSAL ON POCSO ACT 2

Research Proposal on Pocso Act

Introduction

The POCSO Act was referred to in 2019 when it was amended to raise the minimum

penalty for serious and penetrative sexual abuse on children under the age of 16 from 10 to 20

years, with the possibility of life, prison, or death. After Bombay High Court Justice Pushpa

Ganediwala's contentious judgments in child sexual exploitation cases, the Protection of

Children from Sex abuse (POCSO) Act has been in the news lately. The concepts of child sexual

abuse provided by various international organizations fall well short of the truth. Although the

rate of victimization is increasing at an alarming rate, the scope of its effect is immense.

Although the POCSO does not specifically acknowledge grooming, experts agree that section 11

of the Act can be read to recognize and criminalize it. Grooming is described as the act of

developing and maintaining a relationship with a child, whether in person or online, to encourage

either online or offline sexual interaction with the child. It is prohibited under section 67(b) of

the IT Act.

Statement of Problem

There are several ethical, legal, and logistical flaws in the act. While this act has many

positive aspects, its successful understanding poses a significant challenge to its stakeholders,

particularly medical professionals. If these laws are going to meet the real needs of the

marginalized population, more thought must be put into it. The poor police response, a lack of

access to appropriate health care, a lack of effective legal aid, and a lack of organized support

services are all problems which have been highlighted[ CITATION JAl19 \l 1033 ].

Objective
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The objective of this study is to learn more about this act. The POCSO Act, which was

passed in 2012, is gender-neutral, recognizing that both boys and girls may be victims of sexual

harassment. It considers someone under the age of 18 to be a child. The Indian Penal Code does

not accept that boys may be sexually abused[ CITATION Gee21 \l 1033 ].

Research Methodology

This paper uses a qualitative research method. The data was obtained from a police

forwarding note, medico-legal certificates, the victim's background discovered during the search,

and the exhibits' technical laboratory analysis findings. On a self-designed performa, information

about socio-demographic factors such as gender, age, religion, marital status, occupation,

relationship with accused, season, place of incident, the time period between the alleged incident

and medical examinations, state of hymen, and results of forensic analysis of exhibits was

reached. The data were then analyzed and examined statistically.

Literature Review

According to Pal (2018), a doctor's duty begins shortly after a case is identified as soon as

sexual harassment is suspected or likely. The Act demands that section 164A16 of the CrPC be

observed during the victim's medical review. A female doctor should check a girl's child and any

survivor in the presence of parents or other significant persons. It is necessary to do so. The law

shall also cover services for the relief and recovery of the victim from the special youth police

unit (SJPU) and the Children's Welfare Committee (CWC) set up under the Act on Young

Offenders. Child sexual harassment is a major abuse, a widespread social problem, and the

POCSO Law is developed to deal effectively with the atrocious crimes of sexual violence and

commercial sexual abuse. Sexual violence is omnipresent; it exists in every community, society
RESEARCH PROPOSAL ON POCSO ACT 4

at every level, and in every region. The health of the population is affected by sexual violence.

The sexual abuse of children and adolescents is on the rise, and in all lifespans, both men and

women become victims of this abominable crime[ CITATION Pal18 \l 1033 ].

Aloka and Manoj (2019) describe that in the form of POCSO, every registered medical

practitioner (publicly or privately) to whomever the child is brought, shall perform a medical

examination and emergency medical treatment of the child victim and shall be used free of

charge. The mandatory report requires a doctor to report the event or possible occurrence of

some form of sexual assault that he/she is experienced even though the alleged victim is also not

his patient. The law is filled with many legal loopholes. In its recently published manual on

POCSO, the National Commission for the Protection of Child Rights addresses the fact that

anyone, including a child, can be charged as a sexual offender[ CITATION JAl19 \l 1033 ].

As per the research of Barath (2016), sexual offenses against children are very important

and thus fully sensitive. Usually, when a child or woman is raped or sexually assaulted, the

worrying and unpleasant issues that she must face during the court process have re-victimized

and re-traumatized her. Thus, during the court hearings for the girls, special care must be taken.

The POCSO Act, 2012 provides for safeguards to prevent re-victimization by the court system of

the child. It provides for special tribunals to perform the video's trial without disclosing the

child's identity as child-friendly as practicable[ CITATION Bar161 \l 1033 ].

Conclusion

It is concluded that the concepts of child sexual abuse provided by various international

organizations fall well short of the truth. The Act demands that section 164A16 of the CrPC be

observed during the victim's medical review. Child sexual harassment is a major abuse and a
RESEARCH PROPOSAL ON POCSO ACT 5

widespread social problem. POCSO Law is developed to deal effectively with the atrocious

crimes of sexual violence and commercial sexual abuse. The sexual abuse of children and

adolescents is on the rise, and in all lifespans, both men and women become victims of this

abominable crime.

References
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Barath, K. S., & Dr.V.Mahalakshmi. (2016). Legal implications of pocso act, 2012 – An

analysis. International Journal of Multidisciplinary Research Review, 1(1), 155-162.

Retrieved from http://www.ijmdrr.com/admin/downloads/0802201627.pdf

J, A., T, M. K., & VTN, V. (2019). The protection of children from sexual offences act

(POCSO), 2012’ in clinical settings. Kerala Journal of Psychiatry, 31(2), 99-104.

doi:10.30834/KJP.31.2.2019.166

Mantri, G. (2021, February 12). What is the POCSO Act and how is it used: A guide. Retrieved

from thenewsminute: https://www.thenewsminute.com/article/what-pocso-act-and-how-

it-used-guide-143310#:~:text=The%20POCSO%20Act%20was%20enacted,can%20be

%20committed%20on%20boys.

Pal, S. K. (2018). Forensic study of child sexual abuse in northern range of himachal pradesh.

Surender Kumar Pal;Ajay Rana;Arun Sharma;Ajay Sehgal, 38-43.

doi:10.32474/PRJFGS.2018.01.000112