Pocso Act need and relevance
Not only adults but children also suffer from various kind of exploitation as a result they get marginalized in terms of expressing their will and expression for combating against these exploitations the protection of children from sexual offence Act (pocso) 20121 is the most effective and balanced tool for combating these crimes for children who are victims of various forms of sexual abuse. The act serves as a panacea in terms of providing instruments and as well as a scourge in terms of its flaws and regressive nature.Despite the fact that the act has many flaws in its implementation, it has been summarised with sincere efforts to wipe away the past and scars of children sexually abused in various forms. The sexually abused children who are marginalized must rely on their elders, and in addition to sexual abuse, they face denial of various economic rights such as food, clothing, shelter, and so on.
The POCSO Act defines sexual assault, sexual harassment, pornography, and the protection of children’s interests. It also establishes a child-friendly procedure for recording evidence, investigating and prosecuting offenses, establishing special courts, and expediting case trials. The Act’s purpose is to protect children at every stage of the legal process. At first glance, the POCSO Act appears to be an effective piece of legislation for protecting children from sexual offenses. However, there are some theoretical issues with it.
For example, the Act makes no provision for consent given by persons under the age of 18. The Act also leaves open the question of what happens when two minors engage in any kind of sexual activity. Another issue that victims face is proving the age of the child. Because the POCSO Act is passive on what documents are to be considered for determining the age of the child victim, Courts have interpreted Rule 12 of the Juvenile Justice Rules to apply to child victims as well.
Emerging need for POCSO
Child sexual abuse is on the rise all over the world, particularly in our own country, India, which is one of the top five countries in the world in terms of the number of sexual offenses involving children. In many ways, Indian criminal law appears inadequate to deal with such a sensitive issue.
Thus, POCSO, 2012 was put in place to make it easier for victims of sexual abuse to seek justice. The Act directs the use of more humane methods of dealing with victims and prohibits judicial victimization of children. As a result of increased awareness, the number of such cases reported has more than doubled.
The POCSO Act’s progress report possesses mixed results. While the legislature’s mandate is truly radical in that it aims to protect children from sexual abuse and provides for a victim-centered criminal justice system, there are several stumbling blocks in its implementation. Analysis reveals which folds must be thoroughly checked out. We are at a juncture in our country’s history when serious open discussion about child abuse needs to be done. We must capitalize on this momentum to effect long-term systemic change; it is the least we can do for our children.