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POCSO Act, In a recent decision, the Himachal Pradesh High Court ruled…
POCSO Act
Evolution of POCSO
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In 2005, WCD prepared a draft bill to address different offences targeted against children
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This after several rounds of revisions came into force as the POCSO Act on Children’s Day – 14 November, 2012
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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.
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Issues with the Law
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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.