Protection of Children from Sexual Offences Act (POCSO Act)

Protection of Children from Sexual Offences Act (POCSO Act)

The POCSO Act was passed by the Parliament in 2012 to protect minors from crimes like child pornography, sexual assault, and harassment. The Protection of Children from Sexual Offences Act is its full name. Under the Ministry of Women and Child Development, the Act was passed in 2012.

What is POCSO Act?

To make our nation’s children’s surroundings safer, the POCSO Act of 2012 was a significant step. It was implemented to safeguard kids from child pornography and other sexually explicit crimes including sexual harassment and abuse. In order to deal with such offences more effectively, this act calls for the establishment of Special Courts.

Protection of Children from Sexual Offences Act (POCSO Act) Provision

Monitoring and enforcement of this law are the responsibilities of the Standing Committee for the Protection of Children’s Rights (SCPCR) and the National Commission for the Protection of Children’s Rights (NCPCR). It provides the generally recognised definition of a child, which includes kids of both sexes and includes everyone under the age of eighteen.

Crimes should be reported, evidence gathered, inquiries made, and trials conducted in a manner that is child-friendly.  Hearing the child’s testimony, ideally by a female police investigator not below the rank of sub-inspector, in their home or another venue of their choosing. A youngster cannot ever be kept overnight in a police station.

Interpreters need to be present in order to break down language barriers. A special teacher or someone who is familiar with the child’s speaking style should be present if the child is handicapped. The statement made by the youngster should be recorded verbatim. When recording the children’s testimony, the law enforcement official should be dressed casually to lessen their fear of police.

The offence and the child’s mental health should be taken into account when determining the severity of the fine and penalty. It creates specialised courts to handle the prosecution of such offences. The trial should be handled as quickly as possible and concluded within a year. The child will not be the target of an aggressive interrogation or verbal abuse. The physical examination of the child must take place in front of the legal guardian or another person who has the child’s trust and respect.  Long-term and brief therapy is offered through the Child Welfare Committee and the Juvenile Court Commission.

Protection of Children from Sexual Offences Act (POCSO Act) Constitutional Provision

Every child is guaranteed the right to live a life of dignity and the right to privacy under Articles 21 and 24, as well as the rights to equality under Articles 14 and 15, protection from discrimination under Article 15, and protection from exploitation under Articles 23 and 24 of the Indian Constitution. It establishes the right to an elementary education under Article 21A for kids between the ages of six and fourteen.

The Directive Principles of State Policy’s Article 39(f) requires state governments to ensure that children have equitable access to opportunities and resources so they can enjoy childhood and adolescence free from all forms of exploitation.

Protection of Children from Sexual Offences Act (POCSO Act) Feature

Children are those who are under the age of 18 according to the statute. This act has a gender-neutral position; hence the issue of gender exclusion in the prior acts was completely ignored. This law defines sexual abuse in a variety of ways that go beyond pornography, harassment, and penetrative or non-penetrative offences.

If the child is mentally ill and/or the perpetrator comes from a place of power and/or trust, such as a family member, doctor, teacher, etc., these crimes would be seen as “aggravated.” Since the POCSO statute permits a police officer to intervene in the capacity of a child protector throughout the inquiry, it is crucial to prevent “re-victimization” of the kid within the legal system.

The inquiry procedure must be as kid-friendly as possible, and justice must be swiftly administered within a year of the incident being reported. Under this act, “Special Courts” have been established, which will only handle these offences with the care and sensibility they require. The 45th section of the statute grants the central government the power to enact regulations.

The responsibility for overseeing the application of the provisions of the act has been delegated to the State Commissions for the Protection of Child Rights (SCPCRs) and the National Commission for the Protection of Child Rights (NCPCR). These two powers both have a legal basis. According to section 42A, instances where one provision conflicts with another would be resolved in favour of the POCSO Act. The act mandates that sexual offences be reported. The use of these laws improperly for the aim of defaming a person is prohibited.

Protection of Children from Sexual Offences Act (POCSO Act) Importance

India has one of the largest populations of people under the age of 18; the 2011 census indicated that there were 472 million such people in the country. The extending of protection to this group of people who are already vulnerable is crucial to the functioning of the nation.

If Article 21 is carefully analysed, one of the guarantees the State must uphold is the protection of children. The United Nations Convention on the Rights of the Child is ratified by India as well. In order to best protect children’s interests and their carefree childhood, certain regulations must be implemented.

Prior to the POCSO Act’s implementation, the constitution’s provisions for handling sexual offences against children were woefully inadequate. The Goa Children’s Act of 2003 was the only law to specifically address child abuse. These sections of the Indian Penal Code (IPC) handled the prosecution of all sexual offences and wrongdoings committed against children.

Prior to the POCSO Act’s implementation, the constitution’s provisions for handling sexual offences against children were woefully inadequate. The Goa Children’s Act of 2003 was the only law to specifically address child abuse. These sections of the Indian Penal Code (IPC) handled the prosecution of all sexual offences and wrongdoings committed against children:

• P.C. (1860) 377- Unnatural offences
• P.C. (1860) 375- Rape
• P.C. (1860) 354- Outraging the modesty of a woman

Since this strategy had plenty of problems, there were few rules that specifically catered to the best interests of the children. It had a number of flaws that made it impossible to provide children with the adequate and effective protection they needed, notably the fact that IPC 375 does not shield male victims from sexual offences involving penetration. The constitution’s definition of “modesty” is distinctly ambiguous. Because it is not a compoundable offence, its violation has little impact on a punishment. Additionally, it doesn’t protect a boy’s modesty. ‘Unnatural offences’ were not defined under IPC 377, which was overturned in the historic 2018 decision. It was restricted to the sexual act of the attacker and did not always criminalize sexual acts against children.

These inconsistencies and inadequate safeguards were sufficient justification for the desire for reform, which was motivated by the need to protect children from such crimes. Consequently, the POCSO Act was put into effect.

Protection of Children from Sexual Offences Act (POCSO Act) General Principle

The 2012 Protection of Children from Sexual Offences Act included 12 fundamental concepts. All parties concerned, including the state governments, child welfare committees, the Special Courts, and the Police, were required to abide by these. The following is a list of these 12 guiding concepts;

• Best Interest of the Child: The growth of the child holistically is the most important aspect of the procedure.
• Right to Life and Survival: The child shall be protected from all forms of psychological, physical, emotional, and mental harm in the most effective way possible.
• The right to be shielded from discrimination: Discrimination on any basis shall not accompany the administration of justice. It needs to be clear.
• Right to be treated with respect and compassion: Under the terms of the POCSO Act, victims must be given careful consideration at all times.
• Right to information: Children who are witnesses or victims of crimes should be given a full explanation of the legal process.
• Right to specific preventative measures: Because it’s more likely for abused children to experience abuse again than it is for them not, and because prevention is preferable to treatment, this act took preventive measures very seriously.
• The right to competent assistance: The legal system may be traumatic for a person in many ways, which is why many crimes go undetected since the emotional and financial costs are frequently too great. Because of this, the statute includes provisions for legal, medical, counselling, psychological, and financial issues.
• Children have the following rights: Right to be heard and to express opinions and concerns him/her.
• Right to be safeguarded from hardship during the justice process: When a kid is involved in the legal system, there is a very real secondary victimisation that takes place. We want to minimise this.
• The POCSO Act of 2012 mandated that a child’s identity and privacy be secured at all phases of the trial, pre-trial, and post-trial because cases might become very public.
• Right to compensation: A child’s relief and rehabilitation must be reimbursed.
• Right to safety: Whether during or after a trial, the protection of children is essential.

Protection of Children from Sexual Offences Act (POCSO Act) Issues

Sexual assault is a multi-faceted problem. The problem of child sexual abuse gets even more complex. In more ways than one, it is harmful to the child. Along with other factors, it has an impact on their behaviour, physical health, and mental health. The spread of child abuse has multiplied with the development and accessibility of technology and the internet. Bullying, online harassment, and child pornography are recent issues.

In spite of the POCSO act’s rapid enactment in 2012, its implementation has been sluggish, failing to achieve its intended goal of safeguarding children from various forms of sexual assault. The following is a list of the causes;

• Conviction Rate: The POCSO legislation has a low conviction rate. Only roughly 32% of all reported cases reach the point of being convicted. Under this act, around 90% of cases are still open.
• Delay in Judicial Action: According to the Act, all cases must be concluded within a year of the crime’s reporting. A lengthy case like the Kathua Rape case took 16 months to reach a conclusion.
• Discrimination against Children: The rules only consider the biological age and not the mental age when making assumptions. Consequently, there are numerous age-related difficulties.

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