INTRODUCTION
Whenever a crime happens in a civilised society the victims of sexual abuse are the most aggrieved person especially when the victims are women and children. They will surely suffer mental and physical trauma and agony throughout their life. It is an unforgettable thing it leaves a remarkable impact on their social and personal life. Therefore to provide appropriate relief to the victims of sexual abuse and to protect the natural rights of children. The Protection of Children from Offences Act, 2012 was implemented. Although this act has a robust framework, several legal and practical challenges can be seen. Furthermore, the provisions for punishment under the POCSO Act are very harsh over the years there has been a rise of false cases registered under the POCSO Act for personal grudges and other disputes. In a recent case in Delhi, a woman was fined one lakh rupee for registering and making false accusations through the POCSO act.[1] In this blog, we will understand the challenges and misuse of the Protection of Children from sexual offences Act, 2012 and how we can give protection to the victims of child abuse.
LEGAL FRAMEWORK OF THE POCSO ACT
The POCSO act stands out to be different from other criminal acts in terms of protecting child rights. Because it leaves no room for ambiguity in defining the offences against children. The clarity made in this act helps serve justice effectively and efficiently. Furthermore, this act has a gender neutral stance which is a significant leap forward in providing equal protection to all children irrespective of their gender. Apart from that anyone who is below the age of 18 will be considered a child in the POCSO Act and most importantly POCSO Act has some important provisions that give protection to children from pornography, online abuse of children, online sexual harassment or any other such digital medium from which children can get affected.
From the legal perspective POCSO Act has special powers generally the trials of cases which are registered under this act proceed in a special court that is purposely made for speedy trial and serving justice on time.[2] The special courts are made under this act by the state government. However, the consultation of government officials with the Chief Justice of High courts is mandatory for the necessary procedures and adequate requirements. These courts ensure that the child victims especially those who are below 16 years of age are not traumatised by the judicial process. The procedures of these courts are made child-friendly for the protection and welfare of children. Following section 24 of the POCSO act while recording the statement of a child a police officer should not be in his or her uniform and a women police officer should record a statement.[3] During the investigation, all these measures must be taken to ensure that there are child-friendly police procedures so that a victim child will feel safe and secure during the process of investigation.
Furthermore, in section 23 of the POCSO Act, there is a provision of confidentiality which speaks about protecting the identity of a child it is considered as a matter of paramount importance. There is a strict provision to protect the identity of children media houses are restricted from publishing or showcasing any kind of personal information that could potentially lead to revealing the identity of a child who is a victim of any kind of abuse.[4] Because revealing the identity of the victim will eventually affect the personal life and emotional well-being of children.
PRACTICALITY OF POCSO ACT
To protect the child victim there should be the collaboration of police, judiciary and NGOs who work for the welfare of children proper collaboration between these three will ensure that all aspects of child welfare are taken care of. Despite its comprehensive and exceptional framework POCSO Act has some practical difficulties therefore there is a need to spread awareness about the important provisions of this act so the people who are the victims will be able to get the best remedy or relief through this act.
Furthermore no matter how much court investigation processes are made child-friendly the psychological and emotional impact will affect the well-being of a child who is a victim of abuse therefore to curb that proper counselling and psychological support must be provided to the child who is a victim of abuse. Effective rehabilitation programs are necessary for children to get back to a normal state of mind.
Apart from that it has been witnessed that in recent years, the registration of false cases under the POCSO Act is on the rise. This act has been widely misused for personal motives personal interests and grudges and in family disputes matters. Although section 22 of this act speaks about the punishment for false complaints and false information the maximum punishment under this act is six months or a fine according to the conditions of the case or it can be both.[5] However, these provisions are not enough to control the rising false cases and better establish this act. Hence from a practical point of view, the punishment for people who are registering false complaints should be extended to control the registration of false and miscellaneous complaints made under the Protection of Children from sexual offences Act.
According to the study by India Child Protection and Fund (ICPF), only 28 cases are cleared out of 1000 every year and according to the existing present data India will need at least nine years to clear the backlog of pending POCSO cases.[6] This shows us that the performance of POCSO is the lowest the pendency of cases is over 40 times higher in 7 years. Therefore to clear the pendency of cases hybrid model of evidence is much needed as in most of the cases the pendency is due to lack of evidence.
CONCLUSION
In conclusion, we can say that the POCSO Act is a landmark legislation that was implemented to protect children from sexual offences and give them speedy justice. Although it has a strong legal framework it has some practical difficulties that can be overcome with data collection and monitoring the Acts implementation and providing the necessary resources that are required in the areas which have high pendency of cases. from an overall basis, we can say that this act is effective in giving speedy justice to children who are the victims of physical abuse.
Author(s) Name: Abdul Gani Qureshi (Mumbai University, Rizvi Law College)
References-
[1] ‘Delhi : women fined Rs 1 lakh for Alleging daughter’s rape to settle dispute’ Times of India (24 November 2023) <https://timesofindia.indiatimes.com/city/delhi/delhi-woman-fined-rs-1-lakh-for-alleging-daughters-rape-to-settle-dispute/articleshow/105458083.cms> accessed 13 July 2024
[2] The Protection of Children From Sexual Offences Act 2012, s 28
[3] The Protection of Children From Sexual Offences Act 2012, s 24
[4] The Protection of Children From Sexual Offences Act 2012, s 23
[5] The Protection of Children From Sexual Offences Act 2012, s 22
[6] ‘India will need at least Nine Years to clear the Backlog of pending POCSO Cases: study” The Wire (11 December 2023) <https://thewire.in/rights/india-will-need-at-least-nine-years-to-clear-the-backlog-of-pending-pocso-cases-study> accessed 17 July 2024
