POCSO Act : Analysis – UPSC GS2

What are the issues related to Child Sexual Abuse?
  • Multi-layered problem: Child sexual abuse is a multi-layered problem which negatively impacts children’s physical safety, mental health, well-being and behavioural aspects.
  • Amplification due to digital technologies: Mobile and digital technologies has further amplified child abuse and exploitation. New forms of child abuse like online bullying, harassment and Child Pornography have also emerged.
  • Ineffective Legislation: Although Government of India has enacted the Protection of Children against Sexual Offences Act 2012 (POCSO Act), it has failed to protect child from sexual abuse. The reasons for this can be following:
    • Low Conviction Rate: The rate of conviction under the POCSO act is only about 32% if one takes the average of the past 5 years and the percentage of cases pending is 90%.
    • Judicial Delay: The Kathua Rape case took 16 months for the main accused to be convicted whereas the POCSO Act clearly mentions that the entire trial and conviction process has to be done in one year.
    • Unfriendly to Child: Challenges related to age-determination of the child. Especially laws that focus on biological age and not mental age.
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