POCSO Act
Evolution of POCSO
Why was POCSO enacted?
However, India lacked any dedicated provision against child sexual abuse.
Cases would be tried under different provisions of the Indian Penal Code, which was found to be ill-equipped.
Indian constitution has incorporated several provisions to protect the rights of children and India has also been a signatory to landmark international instruments.
These two initiatives established the basis for dedicated legislation against child sexual abuse
In 2005, WCD prepared a draft bill to address different offences targeted against children
Expert Committee under Justice VR Krishna Iyer was constituted at centre
This after several rounds of revisions came into force as the POCSO Act on Children’s Day – 14 November, 2012
Goa first enacted a law to promote child rights in 2003.
Features of the Act
Prevents child trafficking
Preventing re-victimization of child
Definition of Child (person below eighteen years of age)
Sensitization of Police
Gender neutrality
Child friendly investigation
Rationale behind
the legislation
Larger conviction
Deterrence against crime
Exception handling
Zero-tolerance
Multiple facets of crime
Issues with the Law
Investigation bottlenecks
Protection bottlenecks
Lower conviction
Under-reporting
Recurrence of such crime
Protection of convicts
Communal Politicization
Recent study: Low conviction rate, Accused were close kin, Huge delay, High pendency, Frequent transfer of cases
Way forward
Engage parents, schools, communities, NGOs partners and local governments as well as police and lawyers is needed
Need of the hour is to prioritize prevention activities against abuse, creating safe (physical and online) environments for children
This will ensure better implementation of the legal framework, policies, national strategies and standards.
It requires sustained planning, engagement, and investment of resources by the government
In a recent decision, the Himachal Pradesh High Court ruled that the failure to report sexual crimes against minors is a bailable offence.