CIA-3

CRITICAL ANALYSIS ON THE IMPLICATIONS OF POCSO

ACT AND THE EXTENT TO WHICH IT FULFILLED ITS
PURPOSE IN INDIA
 CRITICAL ANALYSIS ON THE IMPLICATIONS OF POCSO ACT AND
THE EXTENT TO WHICH IT FULFILLED ITS PURPOSE IN INDIA

Abstract
:
Child abuse is one of the worlds most henious crime in this world , throughout the history of man
kind we can find traces of child abuse .This evil crime exists in today's modern world as well and
India is not an exception for this .The Protection of Children from sexual offences (POCSO)
Act,2012 was enacted in India for protecting the children from sexual exploitations and abuses.
The Act provides for various crimes against children and also provides strict punishment to
punish the offenders. This article aims to provide the implementation of the POCSO Act and
looks at the extent to which it has fulfilled its purpose in India .

The article discusses various provisions of the POCSO and the effect it had on society due to this
implementation .This article also talks about the challenges faced by the judiciary in
implementing the Act and for punishing the offenders .The article suggests ways for improving
the POCSO Act and also highlights the importance of having a victim centered approach while
dealing with cases under this Act.

Also the article discusses the various limitations of the POCSO Act while dealing with child
abusing cases like child pornography etc.The article highlights the point that the POCSO Act
must be updated with time as more cases are emerging with the advancement in the technology.
The digital age witnessed the emergence of many inhuman crimes against children.Crimes like
child pornography and online grooming had increased a lot with the rise in popularity of social
media .

Overall the article concludes by saying that the POCSO Act was successful in reducing the
number of cases in India related to sexual abuse and exploitation of childern, but there is need for
updating the act with pace of change in the society in the modern digital world .

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 I. INTRODUCTION:

The Protection of Children From Sexual Offences (POCSO) Act,2012 is a very important
legislation in India that is enacted to protect children from sexual exploitation and abuse.the act
came into force on 14th november of 2012 and it was amended in the year of 2019 for
strengthening the provisions . POCSO defines a child as any person below the age of eighteen
years and provides for the establishment of special courts for the speedy trial of offences against
children.

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The Act also specifies harsh punishments for those found guilty of terrible acts against children,
including the death penalty in cases of aggravated sexual assault. The Act recognises that sexual
assault against minors is a severe crime that infringes on their fundamental human rights, causes
long-term physical and emotional trauma, and The impact of POCSO as well as the extent to
which it has achieved its goals in India will be discussed in this article. We will also examine the
Act's difficulties and restrictions and provide recommendations for potential changes that would
improve its efficiency in combating the issue of child sexual abuse.

The structure of the article will be as follows: firstly will analyze the socio- cultural factors that
are responsible for offences against children.then will be discussing the basic overview of
POCSO Act, its provisions . followed by the significance of the POCSO Act in child protection,
the implementations of the act and the challenges faced in its implementation, then the
effectiveness of the act will be analyzed .

Finally the article will conclude by suggesting ways for the improvement of the act with change
in pace of the modern technological world. These reforms could include measures to increase
awareness about chid rights, strengthen the capacity of law enforcement agencies and the
judiciary, and address the root causes of child sexual abuse.

The POCSO Act is an important step in India's effort to safeguard kids from sexual exploitation
and abuse. To guarantee that its rules are adequately enforced, however, significant work still has
to be done as its implementation has been difficult. All parties, including the government, civil
society organisations, and the general public, must work together to address the difficulties and
restrictions of the Act in order to provide a secure and protective environment for kids.

1 NCRB, "Crime in India - 2019," Ministry of Home Affairs, Government of India, September 2020. Available at:
https://ncrb.gov.in/en/crime-india

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 II. SOCIO-CULTURAL FACTORS THE CONTIBUTE TO THE PREVALENCE OF
CHILD ABUSE IN INDIA

Child sexual abuse is a very significant social problem in india.A number of sociocultural
elements that contribute to the issue and the high frequency of CSA. These include patriarchal
norms, gender inequality, poverty, and a lack of knowledge and education.

One of the most important elements in the prevalence of CSA in India is gender inequality. Girls
are rarely given equal opportunities and are frequently viewed as inferior to guys. Because they
are viewed as helpless and incapable of self-defense, girls are more likely to be sexually abused
as a result of this mentality. Another element that contributes to the frequency of CSA in India is
patriarchal values. Male dominance is common in many areas of India, and women are expected
to be subservient and obedient to men. Men who abuse power frequently sexually assault
children, taking advantage of their vulnerability to further their own interests.

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The prevalence of child marriage in India is another reason. With 27% of girls getting married
before turning 18, India, according to UNICEF, has the highest percentage of child brides
worldwide (UNICEF, 2021). Young girls who marry as children run the risk of being sexually
abused by their older husbands and in-laws who could consider them as sexual objects.

Another important factor in CSA in India is poverty. To support their family, children from low-
income families are frequently forced to labour in industries, mines, or farms. These kids work
long hours and are frequently left unaccompanied, making them especially vulnerable to sexual
exploitation. Another important aspect that leads to the prevalence of CSA in India is a lack of
knowledge and education. In India, many individuals are not aware of what child sexual abuse is
or how to stop it. Children are exposed to abuse because there is a lack of teaching regarding
healthy relationships and limits.

III. BRIEF OVERVIEW OF POCSO ACT

The Protection Children From Sexual Offences Act is law in India that is enacted to protect
children from sexual exploitations and abuse. According to the act a child is any person below
the age of 18 and the act provides strict punishments for the offenders. The act establishes
special courts for the purpose of speedy justice while dealing with cases under the act; these
courts will also ensure the privacy of the victim,witness and any person connected to them in any
manner. the provisions of the act includes appointment of protection officers to aid protection
and support to the victim,it mandates the reporting of cases relating to the child offences.
2 UNICEF. (2021). Child marriage: Latest trends and future prospects. https://data.unicef.org/resources/child-
marriage-latest-trends-and-future-prospects

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The POCSO Act was amended in 2019 to include the death penalty for cases of severe child
sexual assault and to broaden the definition of child pornography to include any visual
representation of child sexual activity. The Act is a crucial step in defending children's rights and
assuring their wellbeing and safety.

IV. SIGNIFICANCE OF POCSO ACT

The POCSO Act was enacted in India to protect the rights and prevent abuse against them. The
Act was enacted after a growing concern in the country regarding child protection. POCSO Act
is a very significant legislation that protects children and gives them support and welfare.

First of all, the Act provides severe penalties on people found guilty of sexual assaults against
children. 3Depending on the nature and severity of the offence, the penalty for such offences can
range from a minimum of three years to a maximum of life in prison. The Act also establishes
the death penalty as a punishment for aggravated rape and sexual assault that results in the
victim's death. These laws have served to discourage potential criminals and have decreased the
amount of child sexual abuse in the nation.

Second reason is that the Act encouraged victims to come forward and report offences against
them, also a sense of awareness on child abuse was established.The Act provides for special
procedures for the recording of statements and evidence of child victims, and it also provides for
the protection of their identity during the trial. This has given victims the confidence to speak up
and has facilitated the prosecution of offenders.

Thirdly, the POCSO Act has made a substantial contribution to the welfare and rehabilitation of
child sexual abuse victims. The Act states the appointment of a designated officer for the
protection of children in every district as well as the construction of special courts for the quick
hearing of such cases. These officers are in charge of organising the application of child
protection measures and offering assistance to young victims and their families.

The impact of the POCSO Act marks a defining moment in India's stance when it comes to
safeguarding minors from sex crimes. It not only fosters awareness on child sexual abuse
amongst people but also lays out stringent consequences for those found guilty of such
misdemeanours which neglects minors' safety and security rights.. Furthermore, with emphasis
placed on promoting effective aftercare programs for affected children ,the act aims towards their
comprehensive recovery. That said Its enforcement holds great significance with respect towards
providing equitable protection throughout India

3 The Protection of Children from Sexual Offences (POCSO) Act, 2012. India Code. Retrieved from
https://indiacode.nic.in/handle/123456789/1938

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 V. IMPLEMENTATION OF POCSO ACT AND CHALLENGES FACED

The POCSO Act is implemented throughout india and this Act played a significant role in
bringing the perpetrators of child abuse to the light of judiciary.But just like every other judicial
framework the POCSO Act also face many challenges for its implementation. The act defines
different forms of crimes against children and also provides strict punishment for people who are
involved in these heinous crimes.4The act mandates setting up of special courts for speedy justice
and also appointment of a special prosecutor for each case.this measures insured speedy justice
as well as protect the privacy of the victim and people associated with them.

One of the most significant challenge faced in the implementation of the Actis the low reporting
of cases in case of child abuse. many victims and their families hesitate to report sexual abuse of
children due to the social stigma attached to the sexual abuse.many at times the family member
is the offender which makes it again difficult in reporting this cases.This reluctance to report
cases made many offenders go unpunished and this also make this offenders continue their crime
and increase the number of incidents.

The judiciary and law enforcement's lack of compassion for victims of child sexual abuse is
another obstacle to the POCSO Act's implementation. To recover from their trauma, victims of
child sexual abuse need specialised treatment and assistance. However, the judiciary and law
enforcement officials may handle such situations insensitively, further traumatising the victim,
due to a lack of training and knowledge on their part. Additionally, the prolonged wait for justice
can result in the victim being re-victimized by the offender or being ignored by society.

The POCSO Act also has issues with the calibre of the investigation and the gathering of
evidence.5 Numerous instances of child sexual abuse go uninvestigated, which can lead to the
perpetrator being unpunished. Additionally, it is crucial to gather and preserve evidence in these
situations; failure to do so could result in acquittals. The Act requires the adoption of child-
friendly methods for gathering evidence and conducting trials, however, these procedures are
frequently not used.

Another challenge is the low conviction rate. Despite the improvement in the law the number of
people who get convicted is still low. This is because of many reasons including low reporting of
cases,lack of proper investigation, evidence collection, delay in judgment etc.

In India, the POCSO Act has been effective in establishing a legal framework for the protection
of children from exploitation and sexual abuse. The Act's implementation, however, confronts a

4 The Protection of Children from Sexual Offences Act, 2012. (2012). Retrieved from
https://www.prsindia.org/uploads/media/POCSO%20Act,%202012.
5 Kacker, L., Varadan, S., & Kumar, P. (2017). Study on Child Abuse: India 2007. Ministry of Women and Child
Development.

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number of obstacles, such as low reporting rates, a lack of victim-centeredness, poor
investigation and evidence gathering, and low conviction rates. All interested parties, including
the government, law enforcement personnel, the judicial system, civil society organisations, and
the general public, must work together to address these issues.

VI. EFFECTIVENESS OF POCSO ACT

In order to safeguard kids from sex abuse, exploitation, and harassment, India approved the
Protection of Children from Sexual Offences (POCSO) Act in 2012. The Act outlines processes
for reporting such offences, investigations, and trials. It also imposes severe penalties for sexual
offences against children. The Act has been crucial in exposing instances of child sexual abuse
and bringing victims justice. 6According to the National Crime Records Bureau (NCRB), the
number of cases registered under POCSO has increased significantly over the years. In 2019
alone, 36,022 cases were registered under the Act, which is a 12% increase from the previous
year. 7However, the effectiveness of the Act in preventing such crimes and providing justice to
victims has been questioned by many. Some experts argue that the Act is not being implemented
properly, leading to delays in justice delivery and a low conviction rate. There are also worries
that a large number of incidents of child sexual abuse go unreported as a result of societal stigma
and lack of understanding among parents and kids. The POCSO Act continues to be a crucial
instrument for safeguarding children from sexual abuse and ensuring that offenders are brought
to justice despite these difficulties. Better enforcement of the Act is required, along with
initiatives to increase public awareness of child sexual abuse and offer assistance to victims.

VII. STRATEGIES FOR IMPROVING POCSO ACT EFFICACY

Introduction A significant piece of law that tries to protect kids from sexual abuse and
exploitation is the Protection of Children from Sexual Offences (POCSO) Act, 2012. India
continues to see an increase in child sexual abuse instances despite the law's implementation.
Therefore, it is crucial to find measures to make the POCSO Act more effective.

Strengthening investigation procedure: The first step to improve the implementation of POCSO
Act is to advance the investigation and prosecution procedures.even though the act provide
special court for speedy justice the implementation of this provision is really challenging.

6 National Crime Records Bureau. (2020). Crime in India 2019. Retrieved from
https://ncrb.gov.in/en/crime-india.
7 Pandey, R. (2020, September 15). POCSO Act: A long way to go. India Today. Retrieved from
https://www.indiatoday.in/india-today-insight/story/pocso-act-a-long-way-to-go-1720301-2020-09-15.

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 The Supreme Court of India, in its judgment in State of Madhya Pradesh v. Golu, emphasized
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the need to establish more special courts to expedite the disposal of cases^1. The government
needs to ensure that these courts are established in all districts of the country and are adequately
staffed and resourced.

Enhancing Awareness and Sensitization: Another strategy to improve the effectiveness of

POCSO Act is to enhance awareness and sensitization. The Act mandates that cases of child
sexual abuse be reported. However, due to a lack of public awareness, many incidents go
unreported.The POCSO act provides provisions that protect the privacy of victims and people
related to them, but its implementation is at the challenge. To make people aware of the POCSO
Act and its provisions, the government must start awareness programmes. In order to ensure that
police officers, lawyers, judges, and other stakeholders are aware of the seriousness of the
offence and the necessity to approach such cases delicately, education programmes should also
be held for these groups.

The POCSO Act is an important component of law that aims to safeguard kids against
exploitation and sexual abuse. However, by improving systems for investigation and prosecution
and raising awareness and sensibilization, its efficacy can be increased. To ensure that the Act
accomplishes its intended goals, the government must take immediate, decisive action in this
direction.

VIII. CONCLUSION

A vital part of Indian legislation designed to offer children strong protection from sexual
offences is the Protection of Children from Sexual Offences (POCSO) Act, 2012. The law
demonstrates the state's concern to protect the welfare and rights of kids. The law mandates the
creation of special courts and other procedures for quick resolution of cases, as well as harsh
penalties for those who commit sexual crimes against children. There are still issues with the
act's implementation and enforcement, despite its inception and numerous modifications.

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The POCSO Act's execution experiences a number of difficulties, such as a low conviction rate,
poor facilities, and a shortage of skilled employees. Lack of evidence and procedural mistakes,
as well as difficulties in persuading victims and their families to come forward and report the
abuse, are to blame for the low conviction rate. Implementing the statute will be difficult due to
inadequate infrastructure, which includes a lack of forensic facilities and qualified people.

8 State of Madhya Pradesh v. Golu, (2019) 5 SCC 530.

9 M. Singh, "Protection of Children from Sexual Offences Act, 2012: An Overview," Indian Journal of Forensic
Medicine and Toxicology 13, no. 2 (2019): 16-22.

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 Despite these difficulties, the POCSO Act has, to a considerable extent, succeeded in
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accomplishing its goals. The act was essential in raising awareness of child sexual abuse and the
necessity to take action against it. Additionally, it has given victims a platform from which to
demand justice and obtain the required assistance and safety. The act has also increased the
number of sexual offences against minors that are reported, showing that people are becoming
more aware of the problem.

In conclusion, the POCSO Act has been a crucial step in ensuring that children in India are
protected from sexual offences. To ensure that justice is carried out and that children are
protected, the law needs to be adequately implemented and enforced. In order to do this, the
obstacles to the act's implementation must be resolved, namely the low conviction rate and poor
infrastructure. To overcome these issues and guarantee that the act's intended purpose is
effectively achieved, policymakers, law enforcement organizations, and civil society
organizations must collaborate.

10 N. Kumar and A. Kumar, "Implementation of Protection of Children from Sexual Offences (POCSO) Act in
India: A Critical Analysis," Indian Journal of Public Health Research & Development 10, no. 11 (2019): 280-285.