Research Proposal On Pocso Act

Running head: RESEARCH PROPOSAL ON POCSO ACT 1
Research Proposal on Pocso Act
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March 29, 2021

RESEARCH PROPOSAL ON POCSO ACT 2
Research Proposal on Pocso Act
Introduction
The POCSO Act was referred to in 2019 when it was amended to raise the minimum
penalty for serious and penetrative sexual abuse on children under the age of 16 from 10 to 20
years, with the possibility of life, prison, or death. After Bombay High Court Justice Pushpa
Ganediwala's contentious judgments in child sexual exploitation cases, the Protection of
Children from Sex abuse (POCSO) Act has been in the news lately. The concepts of child sexual
abuse provided by various international organizations fall well short of the truth. Although the
rate of victimization is increasing at an alarming rate, the scope of its effect is immense.
Although the POCSO does not specifically acknowledge grooming, experts agree that section 11
of the Act can be read to recognize and criminalize it. Grooming is described as the act of
developing and maintaining a relationship with a child, whether in person or online, to encourage
either online or offline sexual interaction with the child. It is prohibited under section 67(b) of
the IT Act.
Statement of Problem
There are several ethical, legal, and logistical flaws in the act. While this act has many
positive aspects, its successful understanding poses a significant challenge to its stakeholders,
particularly medical professionals. If these laws are going to meet the real needs of the
marginalized population, more thought must be put into it. The poor police response, a lack of
access to appropriate health care, a lack of effective legal aid, and a lack of organized support
services are all problems which have been highlighted[ CITATION JAl19 \l 1033 ].
Objective
The objective of this study is to learn more about this act. The POCSO Act, which was
passed in 2012, is gender-neutral, recognizing that both boys and girls may be victims of sexual
harassment. It considers someone under the age of 18 to be a child. The Indian Penal Code does
not accept that boys may be sexually abused[ CITATION Gee21 \l 1033 ].
Research Methodology
This paper uses a qualitative research method. The data was obtained from a police
forwarding note, medico-legal certificates, the victim's background discovered during the search,
and the exhibits' technical laboratory analysis findings. On a self-designed performa, information
about socio-demographic factors such as gender, age, religion, marital status, occupation,
relationship with accused, season, place of incident, the time period between the alleged incident
and medical examinations, state of hymen, and results of forensic analysis of exhibits was
reached. The data were then analyzed and examined statistically.
Literature Review
According to Pal (2018), a doctor's duty begins shortly after a case is identified as soon as
sexual harassment is suspected or likely. The Act demands that section 164A16 of the CrPC be
observed during the victim's medical review. A female doctor should check a girl's child and any
survivor in the presence of parents or other significant persons. It is necessary to do so. The law
shall also cover services for the relief and recovery of the victim from the special youth police
unit (SJPU) and the Children's Welfare Committee (CWC) set up under the Act on Young
Offenders. Child sexual harassment is a major abuse, a widespread social problem, and the
POCSO Law is developed to deal effectively with the atrocious crimes of sexual violence and
commercial sexual abuse. Sexual violence is omnipresent; it exists in every community, society
at every level, and in every region. The health of the population is affected by sexual violence.
The sexual abuse of children and adolescents is on the rise, and in all lifespans, both men and
women become victims of this abominable crime[ CITATION Pal18 \l 1033 ].
Aloka and Manoj (2019) describe that in the form of POCSO, every registered medical
practitioner (publicly or privately) to whomever the child is brought, shall perform a medical
examination and emergency medical treatment of the child victim and shall be used free of
charge. The mandatory report requires a doctor to report the event or possible occurrence of
some form of sexual assault that he/she is experienced even though the alleged victim is also not
his patient. The law is filled with many legal loopholes. In its recently published manual on
POCSO, the National Commission for the Protection of Child Rights addresses the fact that
anyone, including a child, can be charged as a sexual offender[ CITATION JAl19 \l 1033 ].
As per the research of Barath (2016), sexual offenses against children are very important
and thus fully sensitive. Usually, when a child or woman is raped or sexually assaulted, the
worrying and unpleasant issues that she must face during the court process have re-victimized
and re-traumatized her. Thus, during the court hearings for the girls, special care must be taken.
The POCSO Act, 2012 provides for safeguards to prevent re-victimization by the court system of
the child. It provides for special tribunals to perform the video's trial without disclosing the
child's identity as child-friendly as practicable[ CITATION Bar161 \l 1033 ].
Conclusion
It is concluded that the concepts of child sexual abuse provided by various international
organizations fall well short of the truth. The Act demands that section 164A16 of the CrPC be
observed during the victim's medical review. Child sexual harassment is a major abuse and a
widespread social problem. POCSO Law is developed to deal effectively with the atrocious
crimes of sexual violence and commercial sexual abuse. The sexual abuse of children and
adolescents is on the rise, and in all lifespans, both men and women become victims of this
abominable crime.
References
Barath, K. S., & Dr.V.Mahalakshmi. (2016). Legal implications of pocso act, 2012 – An
analysis. International Journal of Multidisciplinary Research Review, 1(1), 155-162.
Retrieved from http://www.ijmdrr.com/admin/downloads/0802201627.pdf
J, A., T, M. K., & VTN, V. (2019). The protection of children from sexual offences act
(POCSO), 2012’ in clinical settings. Kerala Journal of Psychiatry, 31(2), 99-104.
doi:10.30834/KJP.31.2.2019.166
Mantri, G. (2021, February 12). What is the POCSO Act and how is it used: A guide. Retrieved
from thenewsminute: https://www.thenewsminute.com/article/what-pocso-act-and-how-
it-used-guide-143310#:~:text=The%20POCSO%20Act%20was%20enacted,can%20be
%20committed%20on%20boys.
Pal, S. K. (2018). Forensic study of child sexual abuse in northern range of himachal pradesh.
Surender Kumar Pal;Ajay Rana;Arun Sharma;Ajay Sehgal, 38-43.
doi:10.32474/PRJFGS.2018.01.000112

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Running head: RESEARCH PROPOSAL ON POCSO ACT 1

Research Proposal on Pocso Act

March 29, 2021

Research Proposal on Pocso Act

Ganediwala's contentious judgments in child sexual exploitation cases, the Protection of

reached. The data were then analyzed and examined statistically.

women become victims of this abominable crime[ CITATION Pal18 \l 1033 ].

anyone, including a child, can be charged as a sexual offender[ CITATION JAl19 \l 1033 ].

child's identity as child-friendly as practicable[ CITATION Bar161 \l 1033 ].

analysis. International Journal of Multidisciplinary Research Review, 1(1), 155-162.

Retrieved from http://www.ijmdrr.com/admin/downloads/0802201627.pdf

(POCSO), 2012’ in clinical settings. Kerala Journal of Psychiatry, 31(2), 99-104.

from thenewsminute: https://www.thenewsminute.com/article/what-pocso-act-and-how-

Surender Kumar Pal;Ajay Rana;Arun Sharma;Ajay Sehgal, 38-43.

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