POCSO Act

The Protection of Children from Sexual Offences (POCSO) Act passed in 2012 is the first comprehensive law that gives a holistic approach in protecting children (anyone below the age of 18) from any kind of sexual assaults, sexual harassment, pornography, exploitation and abuse. The POCSO Act was enacted on the lines of the UN Convention on the Rights of the Child, 1992 which was ratified by India. It is a gender neutral law which provides for investigation guidelines, punishment guidelines, financial and other support to the victims. The Act was amended in 2019 to strengthen the penalties for specified offences.

According to a UNICEF report of 2022, it is said that 1 in 10 girls under age 20 are forced to engage in physical relations or perform some kind of sexual favours. This is a staggering number and there is need to protect our children. The mandate of protection of children also flows from the Constitution of India. Fundamental rights of children include right against exploitation (Article 23 &24), right to life & dignity (Article 21) and Right to free and compulsory education (Article 21A). These rights are violated when children experience sexual abuse and assault. Further, the Constitution outlines directive principles of state policy for the government where under Article 39(f) the State is obligated to ensure that children are provided with equal opportunities and proper facilities to avoid any kind of exploitation. Before the POCSO Act, there was no Law that would safeguard the interest of the children except the Goa Children’s Act of 2003. The Laws under Indian Penal Code (IPC) were inadequate, for example IPC Section 375 did not even protect the males from sexual offences. Hence there was a need to introduce this legislation to fulfill the constitutional mandate and protect children in the country.

The Protection of Children from Sexual Offences (POCSO) Act, enacted in 2012, stands as India's first comprehensive law addressing sexual offenses against children below the age of 18. Aligned with the UN Convention on the Rights of the Child, of which India is a signatory, it provides a gender-neutral framework for investigating and penalizing various forms of sexual abuse, exploitation, and harassment. The POCSO Act is very important for a country like India because amongst its vast population, approximately 472 million are children below the age of 18.

• Neutral definition of Children: A Child is defined as an individual below the age of 18. This is a gender neutral provision covering both male and female children.
• The importance of reporting abuse: Any knowledge of Sexual offence should be reported to the local police or Special Juvenile Police Unit. Any kind of failure to report such incidents can punish both the perpetrator of the abuse and the person who has failed to report such an incident.
• Maintain the confidentiality of the identity of the Victim: Section 23 of the POCSO Act validates in maintaining the identity of the Victim except for prior permission given by the Courts mentioned in the Act.
• Commission Setup to Enforce Rights: The mandate for the protection and the implementation of this Act has been given to the State Commissions for the Protection of Child Rights and the National Commission for the Protection of Child Rights.
• Sexual assault is defined as unwanted sexual behaviour that makes a person sad, upset, offended or humiliated and includes instances of inappropriate touching without consent.
• Establishes Special Courts for trial of offences mentioned under the Act
• Graded Nature of Punishment: The POCSO Act prescribes strict punishments for offences. It has a graded nature of punishment as for more serious crimes upon younger children the punishment is severe.

There are twelve(12) main principles mentioned in the POCSO Act which need to be followed by everyone including the State Governments, the Child Welfare Committee, the Police, the Special Courts, NGOs and all other agencies that are present during a trial. The 12 principles are as follows:

1. Right to be treated with Dignity: The children should be treated with utmost care and compassion.
2. Best Interest of a Child: The main motive should be the overall development of the Child.
3. Right to Life and Survival: The Child must be protected from every kind of physical, psychological, mental and emotional harm.
4. Right to be protected from Discrimination: The proceedings of justice should be fair and transparent without any scope of discrimination.
5. Right to be Informed: The proceedings of trials and any other legal activities should be informed to the victim and the witness.
6. Right to Effective Assistance: Many a times, crimes are not reported due to lack of help and assistance, the POCSO Act mandates to help victims financially, and also provide assistance regarding health, legal and psychological factors.
7. Right to Special Preventive measures: The victim can be abused again, for this reason special preventive care must be provided and also training is given for self protection.
8. Right to be Heard and to express views and concerns: The views and opinions of the Child should be heard in an effective manner.
9. Right to Privacy: Confidentiality of the Child must be maintained at every stage, be it pre-trial or during the trial.
10. Right to Safety: Protection of the Child is primary at every stage (before, during and after the trial).
11. Right to Compensation: Adequate compensation to be provided for relief and rehabilitation of the Child.
12. Right to be protected from hardship during the justice process: There should be minimised secondary victimisation and hardships.

1. Investigation Issues: There are issues relating to the lapse of investigation as seen in the Shafi Mohammad vs The State of Himachal Pradesh Case, where Supreme Court held that the investigating officers should photograph and videograph the crime scenes and they should preserve these evidences for the entire tenure of the trial.
2. Gender Sensitive Investigation: There is a low representation of women in the Police force which makes it uncomfortable for females to report an incident.
3. Delay in Filling Charges: According to the POCSO act, the investigation needs to be finished within one month from the date of commission of the offence or institution of the complaint. However, in reality there are delays which lead to doubts on the effectiveness of the judicial process for the victim.

The government has undertaken other initiatives to ensure protection of children from abuse through the following initiatives over the years.

1. Central Bureau of Investigation (CBI) has set up an Online Child Sexual Abuse and Exploitation (OCSAE) platform as a Child Abuse Prevention and Investigating Unit.
2. The Juvenile Justice (Care and Protection of Children) Amendment Act, 2021 streamlines the efforts undertaken by the Government to provide proper aid and care of children. This Act has necessitated District Magistrates with the responsibility of protection and proper care of vulnerable children, authorises DM to issue adoption orders, three categories of crimes have been defined (petty, serious and heinous).
3. Beti Padhao Beti Bachao Andolan: This campaign focuses on women empowerment and female child education. The main target states are Uttar Pradesh, Bihar, Punjab, and Delhi, it is implemented to address the declining Child Sex Ratio(CSR).
4. Child Labour Prohibition and Regulation Act, 2016: This is the amendment of the Child Labour Prohibition and Regulation Act of 1986. Through this Amended Act, the Government shall provide more severe punishments for offenders in employing child labour.
5. Child Marriage Prohibition Act (2006): This Act repealed the Child Marriage Restraint Act of 1929 which was implemented during the British Colonial Period. This Act defines a male under 21 years and a female under 18 years as minors for marriage.

1. Proper awareness should be given to the masses in relation to the dignity of a child.
2. The provisions of the POCSO Act should be inculcated in the school syllabus for proper implementation.
3. Adequate resources such as funding and aid to investigate POCSO cases is necessary.
4. The investigating officers should be provided with proper training to handle POCSO cases.
5. More Special Courts should be established to ensure that investigation of cases are done on a fast-track basis.
6. Coordination between different agencies such as police, NGOs, welfare agencies should be handled in a holistic manner.
7. The Government is required to establish a proper system of monitoring and reviewing so that the investigations are done in accordance with the provisions of the Act.

Protection of Children from Sexual Offences (POCSO) Act, 2012, marks a crucial milestone in India's commitment to safeguarding its children from sexual abuse and exploitation. Aligned with international conventions and constitutional mandates, the Act provides a comprehensive framework with gender-neutral provisions, strict punishments, and a focus on the best interests and rights of the child.
According to National Crime Records Bureau Report, 2021 a third of the cases for crimes against children were POCSO cases. POCSO cases have increased by 16% since last year as well. While Sikkim had the highest rate of POSCO crimes against children at 42%, it was Uttar Pradesh which had the highest number of cases registered in absolute numbers. The report also recorded that there is a high instance of under reporting and non-reporting on these cases due to taboo or children being unaware.

It is imperative for the government to intensify efforts in raising public awareness, integrating POCSO provisions into the education system, allocating adequate resources, and providing training to law enforcement.