Child abuse

Facts:

  • Only 15 cases are decided out of registered 312 cases under Protection of Children from Sexual Offences (POCSO) Act in Delhi since 2013 (2.4% conviction rate)
  • POCSO e-box launched: It is an online complaint management system for easy and direct reporting of sexual offences against children and timely action against offenders under POCSO Act, 2012
  • >50% of children have faced one or more forms of sexual abuses.
 
 
What is the issue? Why legal system is failing in this regard?
  • Tripe trouble:
    • Slow trial
    • Low conviction
    • Under-reporting
  • Real Issues:
    • Victims turn hostile –> offenders are known in most cases.
    • Threat/ pressure
    • No conducive env for child in court
    • Compensation is rarely awarded
 
Why sudden spurt in POCSO cases in past few years?
Recent spurt in cases under POCSO can be attributed to:
  • Increased in awareness
  • Increase in age of consent from 16 to 18
 
What steps are taken by government?
Steps:
  • Distinct ministry for child development
  • Compulsory sex education in schools
  • Amendments in visa forms to capture information about pending cases and convictions against foreigners seeking entry into India.
 
What are important provisions of POCSO Act-2012?
  • Act provides for estb of special court, appointment of special public prosecutor
  • Compensation
  • Timelines for recording evidence  and Completing trial
  • Child friendly procedure
  • Act prescribes Presumption of guilt in serious offences
 
Shortcomings in POCSO 2012?
  • Special courts seldom special and handle variety of cases
  • Functioning not at all Child friendly e.g. only judge is allowed to ask questions to child -> rarely followed
  • 3 year imprisonment –> 22 year old forcibly kissing 17 year girl –> Harsh punishment

 

 

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