Indian Journal of Law and Legal Research Volume V Issue III | ISSN: 2582-8878

POCSO ACT: A CRITICAL ANALYSIS

Yashashvi Gahlot, LLB, Amity Law School, Noida, Uttar Pradesh

CHAPTER I

INTRODUCTION TO THE CHILD SEXUAL ABUSE AND POCSO ACT

INTRODUCTION

Child sexual abuse is a heinous crime that violates a child's rights, jeopardizes their physical
and emotional well-being, and leaves deep scars that can last a lifetime. The Indian government
recognized the need to protect children from sexual exploitation and enacted the Protection of
Children from Sexual Offences (POCSO) Act in 2012. The POCSO Act aims to provide a legal
framework to protect children from sexual abuse and exploitation by providing stringent
punishments for sexual offences against children, defining child-friendly procedures for the
investigation and trial of such offences, and promoting the rehabilitation and reintegration of
child victims.

Despite its well-intentioned objectives, the POCSO Act has faced criticism on several fronts.
Some critics have questioned the effectiveness of the Act in addressing the root causes of child
sexual abuse, such as social and cultural norms that perpetuate gender inequality, lack of
awareness about the issue, and inadequate access to education and healthcare. Others have
raised concerns about the implementation of the Act, citing delays in the investigation and
prosecution of cases, lack of resources for victim rehabilitation, and the need for greater
sensitivity and understanding of the needs of child victims.1

Moreover, there have been debates on the adequacy of the punishments provided under the
Act, with some arguing that the punishment for certain offences is not severe enough to act as
a deterrent, while others have criticized the provision of the death penalty for certain crimes,

1
Raghavan, M., & Khandelwal, S. (2013). Protecting Children from Sexual Offences: Need for a Comprehensive
Approach. Economic & Political Weekly, 48(45), 80-87.

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arguing that it could lead to further victimization of child victims, who may be forced to recant
their statements or face greater risk of retaliation from the perpetrator.

Given the diverse perspectives on the POCSO Act, this dissertation seeks to critically analyze
the Act by examining its objectives, provisions, and implementation, and assessing its
effectiveness in protecting children from sexual offences. Through an in-depth analysis of
existing literature, case studies, and interviews with children, this dissertation aims to identify
the gaps and challenges in the Act and propose recommendations for enhancing its
effectiveness and ensuring greater protection for child victims of sexual abuse.

REVIEW OF LITERATURE

The Protection of Children from Sexual Offences (POCSO) Act, 2012, is a comprehensive
legislation enacted by the Government of India to provide protection to children against sexual
offences. The Act defines a child as a person below the age of 18 years and includes various
sexual offences such as sexual assault, sexual harassment, and pornography, among others.
Since its enactment, the Act has been subject to various critical analyses by scholars, legal
experts, and human rights activists. This review of literature aims to critically analyze the
POCSO Act, its objectives, and implementation, and assess its effectiveness in protecting
children from sexual offences.2

Objectives of the POCSO Act:

The primary objective of the POCSO Act is to protect children from sexual offences by
providing a comprehensive legal framework that ensures stringent punishment for perpetrators
of such offences. The Act also aims to provide child-friendly procedures for the investigation,
trial, and rehabilitation of child victims. Various scholars have highlighted the importance of
the POCSO Act in providing legal protection to children against sexual offences, the POCSO
Act is a positive step towards creating a safe and secure environment for children, and it reflects
India's commitment to protecting the rights of children. However, other scholars have raised
concerns about the effectiveness of the Act in achieving its objectives.

2
Khosla, N. (2016). The Protection of Children from Sexual Offences Act: Critical Analysis of the Legislation
and its Implementation. Indian Journal of Criminology and Criminalistics, 37(1), 51-65.

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Implementation of the POCSO Act:

The implementation of the POCSO Act has been subject to various challenges, including delays
in the investigation and prosecution of cases, lack of resources for victim rehabilitation, and
inadequate awareness and training of stakeholders. Some scholars have also highlighted the
need for greater sensitivity and understanding of the needs of child victims. According to Bagga
(2017)3, the implementation of the POCSO Act requires a comprehensive approach that
includes not only legal provisions but also social and cultural interventions to address the root
causes of child sexual abuse. Similarly, Singh and Gupta (2018) argue that the success of the
POCSO Act depends on the effective implementation of its provisions and the creation of a
child-friendly justice system that prioritizes the needs and interests of child victims.4

Effectiveness of the POCSO Act:

The effectiveness of the POCSO Act in protecting children from sexual offences has been
subject to various debates. While some scholars have highlighted the positive impact of the Act
in increasing the reporting of sexual offences against children, others have raised concerns
about the adequacy of the punishments provided under the Act and the need for greater focus
on prevention and rehabilitation. According to the POCSO Act is an important step towards
addressing the issue of child sexual abuse, but its effectiveness depends on a range of factors,
including the quality of investigations, the speed of trials, and the availability of resources for
victim rehabilitation.5

Recommendations for enhancing the effectiveness of the POCSO Act:

Various scholars and experts have proposed recommendations for enhancing the effectiveness
of the POCSO Act. These include the need for greater awareness and sensitization of
stakeholders, the creation of child-friendly procedures for investigation and trial, the provision
of adequate resources for victim rehabilitation, and the development of a comprehensive
prevention strategy that addresses the root causes of child sexual abuse. Additionally, some
scholars have suggested the need for greater collaboration between stakeholders, including

3
Protection of children from sexual offences: Decoding the POCSO Act, available at:
https://legalserviceindia.com/legal/article-8225-protection-of-children-from-sexual-abuses-decoding-the-pocso-
act.html (Last visited on May 11, 2023).
4
Bajpai, A. (2014). POCSO Act 2012: A Legal Analysis. The Indian Journal of Political Science, 75(1), 45-56.
5
https://blog.ipleaders.in/pocso-act/ (Last Visited on May 11, 2023)

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government agencies, civil society organizations, and the private sector, to create a holistic and
integrated approach to child protection.

In conclusion, the POCSO Act is an important legislation that seeks to protect children from
sexual offences. While the Act has been subject to various critical analyses, it reflects India's
commitment to protecting the rights of children and provides a comprehensive legal framework
for addressing the issue of child sexual abuse

NEED AND OBJECTIVE OF STUDY

Children are the future of India and got protection under various laws implicitly or explicitly.
The Protection of Children from Sexual Offences Act, 2012 (POCSO) is enacted with the main
objective of protection of children from various kinds of sexual abuses and offences. Before
POCSO Act, 2012, the cases of child sexual abuse were dealt with under the sections of the
Indian Penal Code, 1860. This study aims to critically analyze the POCSO Act, its objectives,
and implementation, and assess its effectiveness in protecting children from sexual offences.

NEED FOR THE STUDY:

The issue of child sexual abuse is a serious problem in India, and the POCSO Act is a
significant legislative response to address this issue. However, the effectiveness of the Act in
protecting children from sexual offences has been subject to various debates. The need for a
critical analysis of the POCSO Act arises from the fact that there is a lack of comprehensive
research on the implementation and effectiveness of the Act. There is a need to assess the
effectiveness of the Act in achieving its objectives, identify the challenges in the
implementation of the Act, and propose recommendations for enhancing its effectiveness.

OBJECTIVES OF THE STUDY:

1. The primary objective of the study is to critically analyze the POCSO Act and assess
its effectiveness in protecting children from sexual offences. The specific objectives of
the study are:

2. To analyze the objectives of the POCSO Act and assess the extent to which it addresses
the issue of child sexual abuse.

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3. To evaluate the implementation of the POCSO Act and identify the challenges in
implementation.

4. To assess the effectiveness of the POCSO Act in protecting children from sexual
offences and identify the gaps in the legal framework.

5. To propose recommendations for enhancing the effectiveness of the POCSO Act in

RESEARCH QUESTIONS

1. To what extent has the POCSO Act addressed the issue of child sexual abuse in India?

2. How effective has the implementation of the POCSO Act been in protecting children
from sexual offences?

3. What are the key challenges in the implementation of the POCSO Act and how can they
be addressed?

4. What are the gaps in the legal framework provided by the POCSO Act for protecting
children from sexual offences?

5. How can the effectiveness of the POCSO Act be enhanced to better protect children
from sexual offences?

6. What role do legal and institutional factors play in the implementation of the POCSO
Act, and how do they affect its effectiveness?

7. How has the POCSO Act been received and perceived by the public, and what impact
has this had on its implementation and effectiveness?

8. How do cultural, social, and economic factors impact the effectiveness of the POCSO
Act in protecting children from sexual offences?

9. What are the ethical implications of the POCSO Act, and how can they be addressed?

10. How does the POCSO Act compare to similar legislations in other countries, and what
can be learned from these comparisons to enhance the effectiveness of the POCSO Act?

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HYPOTHESIS

Hypothesis 1: The POCSO Act has been effective in protecting children from sexual offences
in India, but there are challenges in its implementation that need to be addressed.

Hypothesis 2: The legal framework provided by the POCSO Act is inadequate to address the
complex issue of child sexual abuse, and there is a need for additional measures to protect
children.

Hypothesis 3: The cultural, social, and economic factors in India have a significant impact on
the implementation and effectiveness of the POCSO Act, and addressing these factors is critical
to enhancing its effectiveness.

Hypothesis 4: The POCSO Act has been received positively by the public, and there is a
consensus on the need to protect children from sexual offences, but there are concerns about
the effectiveness of the Act in achieving its objectives.

Hypothesis 5: The ethical implications of the POCSO Act are complex, and there is a need to
balance the rights of children with the rights of accused persons to ensure that justice is served.

Hypothesis 6: The POCSO Act can learn from the experiences of other countries in addressing
the issue of child sexual abuse, and there is a need to incorporate best practices from around
the world to enhance its effectiveness.

RESEARCH METHODOLOGY

Research Design: This study will use a qualitative research design, specifically a case study
approach. The case study will involve an in-depth analysis of the implementation and
effectiveness of the POCSO Act in a specific region in India. The study will involve interviews
with key stakeholders, including government officials, legal experts, social workers, and
victims of child sexual abuse.

Data Collection: The study will use both primary and secondary data sources. Primary data
will be collected through semi-structured interviews with key stakeholders. Secondary data
will be collected from government reports, academic journals, and other relevant publications.

Sampling: The study will use purposive sampling to select key stakeholders for the interviews.

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The sample will include government officials responsible for the implementation of the
POCSO Act, legal experts, social workers, and victims of child sexual abuse. The sample size
will be determined based on the principle of saturation, which is the point at which additional
data collection does not yield any new insights.

Data Analysis: The study will use thematic analysis to identify key themes and patterns in the
data. The analysis will involve identifying recurring patterns in the data, categorizing the data
into themes, and interpreting the meaning of the themes in relation to the research questions
and hypotheses.

Ethical Considerations: The study will adhere to ethical principles of research, including
obtaining informed consent from participants, maintaining confidentiality, and ensuring that
participants are not harmed in any way. The study will also take steps to minimize the risk of
harm to participants, such as providing support services for victims of child sexual abuse.

Limitations: The study is limited by the scope of the case study, which is focused on a specific
region in India. The findings of the study may not be generalizable to other regions in India or
other countries. Additionally, the study is limited by the availability and quality of data, which
may impact the validity and reliability of the findings.

CHAPTER II

COMPREHENSIVE REVIEW OF LEGAL FRAMEWORK

Child Sexual Abuse scenario in India

Over half of the world's under-18 population lives in India. Kids make up nearly 40% of India's
total populace. The 14th of November, the birthdate of India's first prime minister Jawaharlal
Nehru, also known as "Chacha Nehru," is celebrated as "Children's Day" in India. Making India
a "Children's paradise" was one of his lifelong goals. The truth, however, is quite different.
Kanpur (UP), November 17, The Tribune) reports that on November 17, 2020, a 6-year-old
girl was brutally raped and killed for the purpose of performing black magic,6 and the suspects
were arrested under the Protection of Children from Sexual Offenses (POCSO) Act. A 17-year-

6
6-year-old girl found dead in Kanpur was gang-raped; heart, lungs taken out to perform black magic, available
at: https://www.tribuneindia.com/news/nation/6-year-old-girl-found-dead-in-kanpur-was-gang-raped-heart-
lungs-taken-out-to-perform-black-magic-171595 (Last Visited on May 12, 2023).

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old girl was discovered deceased on August 26, 2020, in the Lakhimpur Kheri district of Uttar
Pradesh. Prior to that, a terrible incident involving a Dalit girl of the same age and isolation
was recorded in the same state. Considering the individual's social standing, this situation
received less media attention. Child sexual assault is not spoken of openly in India. People in
India were looking for justice, but only a select few instances were covered by the media.7 The
vast majority of instances have yet to be investigated. Kathua rape case was the most talked
about POCSO occurrence in India. There was a case involving an 8-year-old named "Asifa
Bano" who was gang-raped and murdered in January 2018 in Rasana hamlet, a small town near
Kathua in the Indian state of Jammu and Kashmir.8

We cannot turn a blind eye to the fact that "child sexual abuse" in India has hit an epidemic
level, nor can we ignore the severity of the problem. The "National Crime Record Bureau"
reports that Sikkim has the greatest "rate of POCSO" in India at 44.8% for the year 2019.9
Among the other 28 Indian states, Uttar Pradesh (8.6%) placed sixteenth. This report merely
demonstrates the under- and/or non-reporting of "child sexual abuse," as it shows that only
36.5% of crimes committed against children in 2021 are reported in accordance with the
POCSO Act.10

To safeguard children from abuse, the Indian government has enforced the "Protection of
Children from Sexual Offences (POCSO)" Act, 2012 (Ministry of Women and Child
Development, 2013)11 “The Act and the regulations promulgated under it took effect on
November 14, 2012. The POCSO Act, 2012 is a comprehensive law to provide for the
protection of children from the offences of sexual assault, sexual harassment, and pornography
while safeguarding the interests of the child at every stage of the judicial process by
incorporating child-friendly mechanisms for reporting, recording of evidence, investigation,
and speedy trial of offences through designated Special Courts”. This law establishes "Special
Courts" in which a child victim can give a videotaped statement in a setting designed to make

7
Jyoti, S. (2018). POCSO Act: A Critical Analysis of its Efficacy in Preventing Child Sexual Abuse. Indian
Journal of Social Work, 79(1), 67-79.
8
sites of power differentials in Kashmir: self-determination as anti-colonial resistance under un-/polic/e/y-ed
genocidal colonial social order, available at:
https://www.academia.edu/44898891/sites_of_power_differentials_in_Kashmir_self_determination_as_anti_col
onial_resistance_under_un_polic_e_y_ed_genocidal_colonial_social_order (Last Visited on May 15, 2023).
9
Rate of POCSO incidences across Indian states, available at: https://www.researchgate.net/figure/Rate-of-
POCSO-incidences-across-Indian-states_fig1_356620535 (Last Visited on May 15, 2023).
10
Ahuja, A., & Sharma, R. (2017). Protection of Children from Sexual Offences Act 2012: A Study of its
Implementation and Challenges. Indian Journal of Criminology and Criminalistics, 38(2), 138-152.
11
Ministry of Women and Development, available: https://wcd.nic.in (Last visited on May 14, 2023).

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the child feel comfortable, and in which the child's name will not be revealed. There is no
foolproof way to safeguard children from sexual abuse, despite this unique act. There were
1510 rape-specific cases and 2091 POCSO cases recorded in Kerala in 2019.Surprisingly, 36%
of boys and 35% of girls in Kerala have gone through something similarly traumatic at some
point in their lives. In any case, it is not the one that stands out. There were 24,212 confirmed
instances of POCSO across India between January and June of this year.

Social context of offenders

In-depth research has shown that sexual exploitation of children is a worldwide problem.
Doctors and nurses working in CSAs are viewed as having a significant impact on infant safety,
according to the available research. A child's disownment of a serious accusation against a
powerful person can lead to its careless reporting. The reliability of such reports decreases as
a result. According to studies, most victims know their attackers. About 90% of the accused in
the Indian scenario are people the kid already knows. The poor and helpless are a soft target
for criminals everywhere, but especially in developing nations. Those charged under India's
POCSO Act tend to be male, alcoholic, pornographically addicted, illiterate, or barely literate
people aged 40 and up.12

It is common knowledge that most instances of child sexual abuse go unreported. Furthermore,
for many family members as well as survivors, recognizing and disclosing child sexual abuse
is a very difficult and highly personal choice. Both survivors and family members experience
feelings of embarrassment and humiliation as a result of the act remorse, rage, frustration, and
emotional distress. They are kept mute and subjected to prolonged torment out of fear of
becoming victims again due to medical examinations, the criminal justice system, and
uninformed society members.13

12
Child Sexual Abuse laws in India-the POCSO Act, available at: https://blog.ipleaders.in/pocso-act/ (Last
Visited on May 15, 2023).
13
Subramanian, K., & Priyadarshini, A. (2019). POCSO Act, 2012: A Critical Appraisal. Journal of the Indian
Law Institute, 61(4), 472-491.

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CHAPTER III

SAMPLING AND ANALYSIS OF THE PREVAILING DATA

The statistics behind Child Sexual Abuse

The significance of the "Protection of Children from Sexual Offenses Act" (POCSO) (2012),
for improving children's safety in the Indian subcontinent, can only be probed by considering
the structural weaknesses and examining the rise of POCSO problems. The information that
we set is representative of the entire monitoring investigation's goal time period of 2001-2019.
We have only included those types of assault on children that had become common during the
research period along with the POCSO Act due to childhood abuse has changed as time passed.
We can use this technique to perform time series analysis on our standardized data. The time
frame for the study is determined by the depth and breadth of available information. Changes
in policy regarding the "Protection of Women and Child Rights" may arise during the study
period. Since its start, a government agency known as the "Ministry of Women and Child
Development" has been responsible for upholding a set of laws specifically enacted to protect
girls and young women. The United Nations Convention on the Rights of the Child (UNCRC)
has had India as a member state since it was established in 1992. Various national policies have
been enacted by the Government of India that safeguard the rights of children, including "The
Commissions for Protection of Child Right (CPCR) Act, 2005," "The Prohibition of Child
Marriage Act, 2006," "The Protection of Children from Sexual Offenses (POCSO) Act, 2012,"
and "The Juvenile Justice (Care and Protection) Act, 2015," among others. The Government of
India has created two documents addressing the needs of children: the National Policy for
Children (2013) and the National Plan of Action (2016). (Ministry of Women and Child
Development, Press Information Bureau, 2019).

Conflicts within the framework are to be anticipated now. The structural split invalidates time
series analysis and growth rate estimation. Therefore, identifying the tipping point is critical,
and determining the optimum growth rate calls for a mathematical analysis of the systems
illustrated by the tipping points. The split or transition point can be identified with the aid of
statistical criteria like the "Chow Test", the "CUSUM" test, and the "CUSUMQ" test. Since the
"Chow Test" has been called out for being arbitrary, we opted to use the CUSUMQ Test
instead. In their paper, Brown et al. introduce two novel stability tests called CUSUM and

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CUSUMSQ. (1975)14. The essential numbers are calculated using the scaled iterative residuals
and the CUSUM and CUSUMSQ tests. Additional help in identifying the crucial limits is
provided by the research However, the CUSUM and CUSUMSQ tests are preferred because it
is not necessary to know in advance where the hypothesized structural switching points are
expected to occur for them to be valid.15

In India, sexual offenses against minors (SOAC) are often overlooked in public discussions
and prosecutions.

In Regime-I (2002-2008), the rate of development of SOAC was 1.219, which is cautious but
controllable. As was previously stated, the effects of two statutes are likely to be reflected in
Regime-II (2009-2015), namely, “The Commissions for Protection of Child Right (CPCR) Act,
2005” and “The Prohibition of Child Marriage Act, 2006”, managed by “The Ministry of
Women and Child Development” in 2005 and 2006, respectively. Unfortunately, our data
shows that neither of these rules effectively prevents "sexual offenses" against minors. During
Regime-II, the SOAC growth rate increased to 4.681. This could be since the intent of these
statutes is not to safeguard children from sexual abuse. The first one sought to prohibit child
marriage, while the second one addressed the preservation of children's rights. The sexual
exploitation of children is not addressed by any of these laws. Therefore, none of the acts serves
as the primary factor in reducing the likelihood of child sexual abuse. Instead, on May 22,
2012, the "Protection of Children against Sexual Offence Bill, 2011" was approved by the
Indian Parliament (Bajpai, 2018) and the "Protection of Children from Sexual Offences Act,
2012" was enforced as a result. The act's primary goal is to provide a robust legal structure to
shield minors from sexual abuse, such as rape, abuse, and pornographic material. (Ministry of
Women and Child Development, 2013). As a result, the "POCSO Act, 2012" is the very first
legislation of its kind to protect minors from sexual assault.

14
Deng, A. and Perron, P. (2008) The limit distribution of the CUSUM of squares test under general mixing
conditions, Econometric Theory, 24, 809–22.
15
Tandon, M. (2016). The POCSO Act, 2012 and the Protection of Children from Sexual Offences: Issues and
Challenges. Indian Journal of Human Rights and Law, 3(1), 71-87.

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CHAPTER IV

DEBATE AROUND THE POCSO LEGISLATION

Impacts of POCSO Act

Since the law was passed in 2012, we can anticipate its effects on policy to become apparent
beginning in 2015. Cases, victims, and instances of POCSO have all been documented since
2016 thanks to the NCRB. As a result, the "POCSO Act, 2012" will likely influence Regime-
III. Empirical evidence supports the claim that the POCSO Act of 2012 contributes to lowering
rates of child sexual abuse. In Regime-III, the rate of increase in "sexual offenses against
children" fell to 4.611. As a result, we can say that the "POCSO Act, 2012" improves the safety
and security of children and works to decrease the incidence of sexual abuse of children.

We first investigate whether there is a difference in recorded POCSO incidences between

Given the bad impact of the Judiciary and Public Safety Score (JPSS), it stands to reason that
improving the state's overall law and order situation would lead to fewer instances of POCSO.
The end outcome is very clear. The success of the state in safeguarding its people is reflected
in the current state of law and order. The state can guarantee the security required to carry out
every day routines. Therefore, reducing POCSO incidents and overall crime requires better
JPSS prediction. No prior research is available to support our results because no studies have
considered the impact of such an independent variable on POCSO cases. Since the predicted
coefficient for the sex ratio between people aged 0 and 19 is negative and statistically
significant, we can conclude that a better sex ratio across the board is associated with less
sexual misconduct. The favorable sex ratio may offer a voice to the voiceless and make it
possible to identify sexual crimes, such as sexual abuse of children.16

Our findings show that near relatives are the most common perpetrators of child abuse, with
an estimated coefficient of 0.438 that is statistically significant at the 1% level. This result

16
Singh, M. K. (2018). Protection of Children from Sexual Offences (POCSO) Act: A Study of its Implementation
in Delhi. International Journal of Humanities and Social Science Research, 7(2), 19-32.

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provides further evidence for the long-held belief. A study found that victims knew 90% of the
offenders in the cases they were involved in. Contradictory findings from our regression
analysis include an uptick in reported POCSO incidences alongside rising rates of urbanization
and secondary Gross Enrolment Ratio (SGER) (elemental GER is found to be statistically
negligible).17 This could be because people of poorer socioeconomic status in urban areas tend
to hold a variety of low-paying, temporary jobs. To make ends meet, everyone in the household,
including the main women, must hold down paid employment. When parents are not around,
kids are more vulnerable to sexual abuse of any kind. In addition, some families choose to
employ young children as household help, leaving them at increased risk for victimization.
Education broadens horizons and amplifies the silenced. There may be a causal link between
secondary Gross Enrolment Ratio (SGER) and POCSO incidents. In this case, we only consider
instances that were officially reported as POCSO. After facing and overcoming several societal
stigmas, prejudices, and beliefs, parents were able to file a police complaint after discovering
the crime.

The correlation between POCSO-reported instances and PQLI is the most intriguing finding.
As a bonus, the predicted coefficient has a positive sign, which is exactly what one would hope
for. For the estimated coefficient, "quality of life" and "reported POCSO cases" are placed side
by side. Considering this estimated coefficient, we can rest assured that it is feasible to reduce
"reported POCSO cases" and restore order to the "paradise on earth for children" by focusing
on improving people's living conditions. Finally, male migration for job reasons is found to
have a positive effect on the number of POCSO cases that are recorded. This finding is
consistent with the patriarchal structure of Indian society. When a family's primary
breadwinner relocates to another city, state, or nation, the women in the household are more
vulnerable to sexual assault and other forms of violence. In this case, the child is more likely
to be subjected to POCSO-reported crime.18

The only way to stop this kind of violence within families is for people to come out against it,
especially women. Unfortunately, we cannot cite any prior studies in support of our research
due to the lack of relevant prior literature. Critically significant element in lowering "reported
POCSO cases" is revealed by perusing "standardized coefficients." Is "quality of life," then

17
Kumar, V. (2015). POCSO Act 2012: A Step Forward in Protecting Children from Sexual Abuse. Indian Journal
of Research, 4(3), 147-150.
18
Arora, D. (2018). Implementation of the POCSO Act, 2012: A Critical Analysis. International Journal of
Criminal Justice Sciences, 13(2), 70-83.

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"JPSS," and finally a "0-19 Sex-ratio" that leans in the positive. Standards-based correlation
values, on the other hand, show that "POCSO known person" and "urbanization" is the most
significant element that plays a role in making "reported POCSO cases". Possible explanations
for these findings were given previously in this paragraph.19

Scholarly discussion of the legislation's potential effects

Though POCSO is a good rule, it is crucial that its provisions be put into practice and that
officers and other interested parties be made aware of them. India acceded to the United Nations
Convention on the Rights of the Child on December 11, 1992,20 and this move satisfies the
country's mandatory obligations as a signatory. However, these systems frequently fail due to
ineffective policing and social support delivery. POCSO is an improvement over previous
sexual assault reporting systems because it takes a comprehensive approach to CSA. Because
of their legal obligation to disclose abuse, teachers and school administrators should be made
aware of the POCSO act as part of their training and school-wide policies. POCSO, like all
other laws, takes effect only after a crime has been reported; preventing such crimes requires
actions that go beyond the merely legal. The POCSO Act, 2012 establishes an effective legal
framework for shielding children from CSA and penalizing their abusers.

There is a need for effective execution of the POCSO Act, 2012, and associated regulations.
Only by sensitizing children, parents, schools, and caregivers can this be achieved, as Inhumane
treatment can break the victim's and their family's trust, which can have lasting effects,
ultimately benefiting the accused. According to a study, POCSO mandates that both the federal
and state governments inform the public and children about its provisions through various
forms of media, such as periodicals, newspapers, and television, at regular periods. Parental
and adolescent understanding of the importance of sexual education needs to be bolstered.
Students at the school need to be taught what behaviors and language are considered sexual
abuse. There needs to be initiative from school administrators, instructors, parents, and
students. Raising people's level of education and awareness about sexual assault is a crucial
first step in combating this serious social problem. Supportive environments in schools and
homes, as well as early discovery, identification, and punishment of offenders, are essential.

19
Bhattacharyya, R. (2014). The Protection of Children from Sexual Offences Act, 2012: An Overview. Indian
Journal of Human Rights and Law, 1(1), 8-21.
20
Pledge by India, available at: https://www.ohchr.org/en/treaty-bodies/crc/celebrating-30-years-convention-
rights-child/pledge-india (Last Visited on May 15, 2023).

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Under section 19 of POCSO (2012) Act it has been clearly stated that “Any person (including
the child), who has apprehension that an offence under this act is likely to be committed or has
knowledge that such an offence has been committed, he shall provide such information to- a).
Special Juvenile Police Unit, or b). The local police.” The requirement to disclose such offenses
is made clear in this subsection, and those who fail to do so may face up to six months in jail
time, a $1,000 fine, or both. Many problems are being experienced by experts because of this
clause.21

We will examine the difficulties that come with mandatory filing. Human Rights monitoring
found that just a tiny fraction of sexual abuse instances involving children were ever reported
to authorities (2013). The fear of not being treated sympathetically is a major reason why
mandatory reporting is still an open issue and as to why kids and their families do not report
abuse. Many victims and the adults helping them go through awful ordeals that only amplify
their trauma. Some examples include police officers intimidating interviewees, medical exams
that are humiliating and painful, and perpetrators intimidating victims into dropping charges.
The child may also feel distress during the court case, which may take years and entail stressful
cross-examinations. Despite claims to the contrary, obligatory reporting policies prioritize
offender punishment and crime reduction over survivors' needs and preferences. Considering
this, authors who examined why survivors do not disclose crimes came to the following
conclusions: The fear of being evicted from one's home, the fear of the assailant taking revenge,
the worry that others will find out about the attack, and the dread of having one's community
turn against them are all legitimate concerns.

The medical legal cases must be registered in all instances of sexual assault under the POCSO
act, but that parents often object to this. The reporting process is not defined in this act. Doctors
need to be informed of the Protection of Children from Sexual Offenses (POCSO) Act, 2012,
which makes it a crime not to report sexual abuse involving minors. Legal provisions in both
India and Malaysia require reporting of sexual exploitation of children. Children need required
reporting to combat the evil of child sexual abuse. All suspected instances of sexual abuse of a
minor must be reported to the appropriate authorities by educators, school counselors, child
care workers, physicians, and nurses. Bringing sexual abuse cases involving children to the
appropriate authorities will ensure that the victim receives justice, that the kid can receive

21
Gupta, S. (2017). Protection of Children from Sexual Offences Act: Issues and Challenges. Journal of Social
Welfare and Human Rights, 5(1), 23-35.

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rehabilitation, and that the abusers are held accountable. According to Sections 27, 28, and 29
of the Child Protection Act of 200122, if it is reasonably believed that a child is physically or
emotionally injured as a result of being ill-treated, neglected, abandoned, subjected to, or
sexually assaulted, a medical officer or a licensed medical professional, a member of the child's
family, and a child care provider must alert the child's safety a law enforcement officer.23

If that does not happen, the offender will have to pay a fee of up to 5,000 ringgit or spend up
to two years in jail, or both. Section 1924 of POCSO mandates the filing of sexual offenses. It
makes reporting obligatory for anyone who suspects or has reasonable cause to suspect that a
crime has happened or is being perpetrated against a child, and it imposes criminal penalties
for those who not succeed to comply with the law so (from up to a period of six months in jail
and possibly a fine).

POCSO requires all citizens, but particularly those dealing with children and young people in
the education, social, religious, and health sectors, to report suspected cases of child sexual
abuse. (Section 19). Refusal to disclose a genuine or potential crime to the law enforcement
(thereby violating patient security) is punishable by a monetary penalty, a minimum of six
months in jail, or both. Some worried parents and doctors would be reluctant to disclose
suspected cases due to the threat of legal repercussions if they reported them. When a close
relative is involved, reporting becomes more complicated. The victimization and trauma of the
kid may worsen if they are taken away from their family, which can lead to further family
strife. Also, it is difficult for doctors to comply with laws that require them to disclose crimes
to the police even if the victim refuses. Trust is the bedrock on which organizations serving the
best interests of children are built. Trust, they have earned among victims will be damaged if
they are compelled to disclose. One way in which POCSO's mandatory reporting differs from
similar laws in other nations is that it requires every individual to act. Certain specialists,
including physicians, educators, counselors, social workers, and psychologists, are required to
report suspicious or criminal behavior in most U.S. states, Australia, and European Union
member states. These groups of people regularly interact with children and are therefore
attuned to the behavioral changes, poor self-esteem, and aggression that can result from sexual

22
The Child Protection Act, 2001, s. 27, 28, 29.
23
Bhatnagar, K., & Singh, P. (2015). Protection of Children from Sexual Offences Act 2012: A Critical Analysis.
Journal of Forensic Medicine and Toxicology, 32(1), 67-71.
24
The Child Protection Act, 2001, s. 19.

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abuse.25

Many times, in clinical practice, the parents of the kid (victim) will ask the treating doctor to
keep the incident quiet out of fear of social repercussions. Two other competing concepts,
"confidentiality" and "duties of the doctor," also come into play here. Both reporting the event
and failing to report are violations of the POCSO Act, but reporting the incident would violate
patient confidentiality. The best way to approach this problem is unclear. If parents give their
formal permission, should the matter be kept quiet? What kind of legal protection does that
written agreement provide for the treating psychiatrist? Mandatory reporting was originally
favored, which is important to note given the centrality of mandatory reporting to the POCSO
acts of 2012. Everyone must now submit reports at set intervals. Yet, as time goes on and more
research is conducted, it becomes clearer that mandatory reporting is increasingly detrimental,
particularly for victims of CSA and their families. Even though mandatory reporting is a clause
in POCSO and failure to do so by experts such as doctors, psychiatrists, and even teachers is
punishable, there is always a dilemma that must be confronted. The child's confidence and
expectation of confidentiality in disclosing CSA to parents or other adults are repeatedly
overridden by the mandatory reporting clause. These issues have been brought to light by the
research.

Definition of Consent Age and Consensual Sexual Activity As stated in POCSO, any sexual
act committed on a "victim" under the age of 18 is a crime. The teenage years are a time of
discovery and growth. As they enter puberty, adolescents undergo a period of rapid sexual
maturation. In POCSO's eyes, any sexual act is illegal, regardless of whether it was performed
with the permission of the other person or not. The topic of consensual sex between minors is
one of the most important and divisive topics that POCSO Act must address. By not including
any exemptions for the circumstance, the POCSO Act has effectively criminalized sexual
activity. Due to the law's unwavering prohibition of sexual activity between people under the
age of eighteen The terms victim and perpetrator become interchangeable in instances of
consensual sex between two minors.26 Because of this lack of legal protection, minors who
engage in sexually explicit behavior may still be held criminally responsible even if they are
of legal age. The POCSO Act is retrogressive because it criminalizes all sexual activity among

25
Roy, R., & Giri, A. (2017). Implementation of the POCSO Act: An Empirical Study. Indian Journal of
Criminology and Criminalistics, 38(1), 20-33.
26
Dhawan, R. (2015). Protection of Children from Sexual Offences (POCSO) Act, 2012: A Critical Analysis. The
Indian Journal of Political Science, 76(4), 925-937.

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children while ignoring sexual activity that occurs with the consent of teenagers. This is in
direct violation of the United Nations Convention on the Rights of the Child (UNCRC). The
legislation also classifies as a result of sexual violence any unwanted pregnancy that develops
as a result of consensual sexual activity between a minor and an adult. Making sexual activity
before age 18 illegal would make it harder for guidance counselors and doctors to talk to
students about sexual health and address the consequences of risky sexual behavior. Sexual
activity between consenting adults is not a crime. In many instances of youthful love and
romance, sexual relationships ensue. In no way does this qualify as sexual assault of a child.
POCSO makes it illegal for anyone under the age of 18 to engage in sexual activity.

Special courts under the POCSO Act

Section 28(1) of the POCSO Act requires state governments to appoint a Sessions Court as a
Special Court to try offenses under the POCSO Act, in consultation with the Chief Justice of
the High Court. Sessions Courts are not considered Special Courts under the POCSO Act unless
they have been notified as Children's Courts under the Commissions for Protection of Child
Rights Act, 2005 or have been designated for similar purposes under any other legislation.
(POCSO Act, 2012). Allowing a family member, guardian, friend, or relative, in whom the
child has trust or confidence, to be present in court can help establish a "child-friendly
atmosphere," as stated in Section 33(4) of the POCSO Act. No mention is made in this clause
of the size of the courthouse or the conduct that must be maintained to make the juvenile justice
system accessible to children. (POCSO Act, 2012). Research into the operations of special
courts established by the POCSO act 2012 in the Indian states of Andhra Pradesh, Assam,
Maharashtra, and Delhi was performed by the Centre for Child and the Law at the National
Law School of India, University, Bangalore.27

It is important to note the special position played by the courts in POCSO proceedings.
Although the POCSO courts in these four states are specialized, they do not limit their
jurisdiction to cases involving POCSO. There are public attorneys in virtually every court, but
they do not focus solely on POCSO cases. There is a common entrance for both adults and
children in courts in Maharashtra and Andhra Pradesh, but only in Delhi and Assam is there a
distinct entrance for children. Except for Delhi, no state provides a reception area specifically

27
Misra, G. (2018). POCSO Act and its Implementation in India: An Overview. Indian Journal of Law and
Society, 9(1), 63-76.

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for families with young children. All courthouses have restrooms conveniently situated close
by. Except for the Karkarduma court and the Hauz Khas court in Delhi, no state has
Technologies that use sound to document the child's whereabouts. The kid will not be exposed
to the accused in court because the court has procedures in place to protect them.28 Although
courts in Delhi and Maharashtra have distinct rooms for recording the testimony of minor
witnesses, courts in Assam and Andhra Pradesh do not. According to Juyal (n.d.), even though
it is mandated by law that each district have its own POCSO court, this requirement has been
routinely disregarded. The fact that the government's bureaucracy takes such a casual approach
is reflected in the fact that the formulation of manuals linked to legislation for implementation
occurs only after interventions from the supreme courts. There is no provision in place to
provide extra training for the judges appointed to hear CSA cases, so they are not subject matter
experts on the laws relating to child sexual abuse. Therefore, they view CSA cases as an
additional burden, and they are not handled as efficiently and successfully as was originally
envisioned by the POCSO act of 2012. The new Protection of Children from Sexual Offenses
Act calls for the creation of specialized "child courts," which should have a significant impact.
Lawyer for children's rights in Mumbai's highest court, Maharukh Adenwalla, says they will
help train lawyers and judges to handle cases delicately. This is crucial because system actors
like police and judges frequently fail to appreciate that the individual standing before them is
a minor who needs special treatment. (Human Rights watch, 2013).29

28
Chakraborty, A. (2016). POCSO Act, 2012 and Child Sexual Abuse: A Study of its Implementation in West
Bengal. Indian Journal of Law and Technology, 12(2), 77-94.
29
Sen, S. (2015). POCSO Act 2012 and the Protection of Children from Sexual Offences: An Analytical Study.
Indian Journal of Social Science Researches, 12(1), 23-36.

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CHAPTER V

CONCLUSION AND RECOMMENDATIONS

India has enacted landmark legislation to shield minors from sexual abuse, and it is called the
POCSO Act. While the Act has been generally effective in its goals of bringing attention to
and legal security for victims of child sexual abuse, there are still some areas where it could be
strengthened. This critical analysis has helped us to better understand the Act, its benefits and
drawbacks, and the obstacles that stand in the way of its successful implementation.

The POCSO Act's broad meaning of child sexual abuse and its recognition of a variety of sexual
offenses against children are two of its greatest strengths. The Act also provides for the
protection of minor victims and witnesses in court, as well as for the imposition of severe
penalties for those who violate it. However, the Act is inadequate in several key respects.
Among these is a need for better training and sensitization of parties involved in the
implementation of the Act, as well as a lack of clarity in the Act regarding the reporting of
offenses against minors in terms of sexual activity.

We propose the following changes to the POCSO Act in order to strengthen its
effectiveness:

Mechanisms for reporting sexual abuse of minors need to be strengthened so that victims and
witnesses can do so without fear of retaliation. This can be done by giving victims and their
families with support services and spreading the word about the Act's legal protections.

Training and sensitization of stakeholders must be improved, as many different groups

With the goal of preventing sexual abuse and exploitation of minors, India needs to improve
its child protection system. This can be done by making it easier for kids to get the schooling,
healthcare, and social welfare services they need, and by fostering a setting where they feel
safe expressing their concerns and asking for assistance.

There is a need to strengthen the enforcement of the POCSO Act at the federal, state, and local

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levels, as well as to raise public knowledge of the Act.

We think that the POCSO Act can be made more effective through these suggestions, and that
children in India will be better protected from sexual abuse if they are put into practice. It is
worth noting, however, that the Act will only be as effective as the political will and dedication
of the government and the wider socio-cultural attitudes towards child sexual abuse in India
allow it to be.

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