The Protection of Children from Sexual Offence Act, 2012 (POCSO Act) represents a watershed moment in India’s effort to protect children from the heinous crime of sexual abuse and exploitation. The POCSO Act, enacted in response to rising concerns about the incidence of child sexual abuse cases, has surely played a key part in tackling this societal scourge. The POCSO Act’s broad and gender-neutral approach is a major strength. It acknowledges that children, regardless of gender, are vulnerable to sexual assaults and develops a strong legal framework to safeguard them. The Act’s definition of a child as anybody under
the age of 18 guarantees that all children are protected within its scope.
Over the last nine years, India has attempted to “protect children from offence of sexual assault, sexual harassment, and pornography” under the Protection of Children from Sexual Offenses Act (POCSO). However, POCSO has not been without criticism or flaws. The Supreme Court recently had to enjoin the Bombay High Court’s understanding of “skin-to-skin contact.” Another major flaw of POCSO is its incapacity to deal with previous situations. In light of expanding international jurisprudence on these concerns, and in accordance with the UN Convention on the Rights of the Child, India must reform its legal and procedural approaches to dealing with historical child sexual abuse.
The POCSO Act also established child-friendly processes for reporting, evidence recording, investigation, and fast trial of violations through designated Special Courts. These procedures seek to provide a supportive and non-threatening atmosphere for child victims, therefore decreasing the trauma involved with the reporting and prosecution processes. Nonetheless, despite its major accomplishments, the POCSO Act has encountered several obstacles and restrictions. One source of worry is the lack of clarity in the understanding of consent in instances involving teenagers aged 16 to 18. Because of this uncertainty, juveniles have been convicted under POCSO rules even when the connection was consensual. Another area for improvement is the Act’s implementation on the ground. There have been reports of late investigations, callous treatment of victims, and insufficient help for victims and their families. These flaws underscore the importance of increased training and awareness for law enforcement, healthcare providers, and child protection organizations.
POCSO Act has unquestionably made great progress in protecting children from sexual abuse and exploitation. Its all-encompassing strategy, strict reporting requirements, and child-friendly systems have all been critical in resolving this social issue. However, issues in understanding consent, guaranteeing effective implementation, and providing comprehensive care to victims and their families remain. As we continue to improve our understanding of child sexual abuse and its impact on victims’ lives, the POCSO Act will remain a cornerstone in our efforts to protect our children’s well-being.
