- Enactment: The POCSO Act came into effect on 14th November 2012, following India’s ratification of the UN Convention on the Rights of the Child (1992).
- Objective: Addresses sexual exploitation and abuse of children, ensuring stringent punishment for offenders.
- Definition of a Child: Any person below 18 years of age.
- Amendments (2019): Introduced stricter punishments, including the death penalty for severe offences.
- POCSO Rules (2020): Laid down additional procedural safeguards and victim support mechanisms.
Key Features of POCSO Act
- Gender-Neutral Nature: Recognizes that both boys and girls can be victims of sexual offences.
- Reporting:
- Non-reporting of sexual offences is a punishable crime.
- Institutions must report abuse cases to avoid legal consequences.
- Explicit Definitions:
- Introduces clear definitions for sexual assault, aggravated assault, and pornography.
- Possession of child pornography is a punishable offence.
POCSO Rules, 2020
- Interim Compensation:
- Special Courts can grant compensation for relief and rehabilitation.
- Immediate Special Relief:
- Child Welfare Committees (CWC) can approve urgent relief like food, clothing, medical care, with payments made within one week.
- Support Person for the Child:
- Appointed by CWC to assist during investigation and trial.
- Ensures counseling, education, and legal awareness for victims.
Challenges and Issues with POCSO Act
a) Investigation Challenges
- Low Representation of Women in Police:
- The Act requires statements to be recorded by women officers, but only 10% of police personnel are women.
- Lapses in Crime Scene Investigation:
- Despite SC guidelines (Shafhi Mohammad vs. State of HP, 2018), evidence collection remains inadequate.
- Judicial Magistrates’ Role:
- Statements are often not cross-examined, reducing their legal impact.
b) Age Determination Issues
- No Clear Guidelines for Victims:
- Unlike juvenile offenders (guided by the Juvenile Justice Act, 2015), no uniform method exists for determining the age of child victims.
- Reliance on School Records:
- Courts primarily depend on admission/withdrawal registers, leading to inconsistencies.
c) Delayed Investigation and Trials
- Legal Deadline:
- Investigation must be completed within a month, but delays occur due to forensic backlogs, lack of resources, and case complexities.
d) Burden of Proof Issues
- Presumption of Offence:
- Unlike the Indian Evidence Act, POCSO requires no proof of recent intercourse.
- However, courts often fail to apply presumption in favor of victims, leading to lower conviction rates.
Recommendations & Way Forward
- Law Commission of India (22nd Report):
- No reduction in age of consent, as it could be counterproductive.
- Mandatory sex education and consent awareness in schools.
- Judicial and Police Reforms:
- Increase women police personnel to comply with procedural requirements.
- Strengthen crime scene documentation through modern forensic tools.
- Faster Disposal of Cases:
- Special Fast Track Courts for child sexual abuse cases.
- Ensure strict implementation of time-bound trials.
- Victim-Centric Approach:
- Improve counseling, legal aid, and financial support for victims.
- Strengthen Child Welfare Committees (CWC) to ensure prompt relief.
The POCSO Act is a significant step towards child protection, but effective implementation is crucial to ensuring justice and preventing misuse.
