Tag: PROTECTION OF CHILDREN FROM SEXUAL OFFENCES (POCSO) ACT POCSO Act

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.

Tag: PROTECTION OF CHILDREN FROM SEXUAL OFFENCES (POCSO) ACT POCSO Act

PROTECTION OF CHILDREN FROM SEXUAL OFFENCES (POCSO) ACT POCSO Act

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