Legislations for the welfare of children

Published on 17 Feb 2025

The Protection of Children from Sexual Offences (POCSO) Act

The Protection of Children from Sexual Offences (POCSO) Act, enacted in 2012, is the first comprehensive law in the country dealing specifically with sexual abuse of children. It was intended to protect children from sexual assault, sexual harassment and pornographic violations, as well as to establish Special Courts for such trails. Some notable features of the legislation are:

✔ Definition of sexual offences: The act defines various forms of sexual offences against children, including sexual assault, penetrative sexual assault, and sexual harassment.

✔ Age of consent: The act establishes that a child below the age of 18 is not considered capable of giving valid consent to any sexual activity. Therefore, any sexual act with a child, irrespective of consent, is deemed an offence.

✔ Gender neutral: It is gender-neutral, recognizing that both boys and girls can be victims of sexual offences.

✔ Special courts: It mandates the establishment of special courts to exclusively handle cases related to offences against children and these courts are designed to be child-friendly and sensitive to the needs of the victim.

✔ Protection of identity: The identity of the child victim is to be protected throughout the legal process, and the trial is expected to be conducted in a manner that ensures the privacy and dignity of the child.

✔ Punishments: The act prescribes stringent punishments for those convicted of offences against children, including imprisonment and fines.

✔ Recording of the statement: The act emphasizes the importance of recording the statement of the child in a manner that is sensitive and ensures the well-being of the child

Concerns associated with The Protection of Children from Sexual Offences (POCSO) Act

✔ Recurrence of the crime: Despite the legislation calling for stringent punishments, the crime rate against children is not declining.

● Example: According to NCRB, crime against children in India increased by 16.2% between 2020 and 2021.

✔ Delayed legal proceedings: Despite the provisions for speedy trials, there have been instances of delays in legal proceedings, which can lead to prolonged trauma for the child victim and may impact the effectiveness of the justice delivery system.

● Example: As per MoWCD, the average time taken to dispose a POCSO case is 509 days, which is pretty high.

✔ Societal stigma: The victims and the family might face social ostracism and disturbing media attention, leading to under reporting of cases.

✔ Misuse through false cases: There have been many instances where fake complaints filed by parents of children to settle personal scores.

● Example: An analysis of 10 years of POSCO shows that 43% of the trials ended in acquittals, indicating a high number of false cases.

✔ Lack of forensic infrastructure: Some areas may lack adequate forensic infrastructure, which is crucial for collecting and preserving evidence in cases of child sexual abuse. This can impact the effectiveness of investigations and prosecutions.

✔ Politicization of case: Since child abuse gathers massive public attention, political parties use them for boosting their image, inviting unwanted media attention to victim and family.

● Example: Unnao rape case and Kathua rape case are examples of politicization of the incident.

Way Forward

✔ Enhanced awareness and education: Conduct widespread awareness campaigns to educate the public, including parents, teachers, and healthcare professionals, about the provisions of the POCSO Act, the importance of reporting, and the support available for victims.

✔ Community engagement: Encourage community involvement in preventing and addressing child sexual abuse and promote mechanisms to reduce the stigma associated with reporting such offences.

✔ Specialized support services: Strengthen and expand support services for child victims, including counselling, mental health support, and rehabilitation programs.

✔ Capacity building: Invest in building the capacity of the legal system, including the establishment of more child-friendly courts, equipped with trained professionals who can handle cases with sensitivity.

By implementing these strategies, there can be significant progress in strengthening the protection of children from sexual offences and ensuring a more effective and compassionate response to cases covered under the POCSO Act.

Juvenile Justice (Care and Protection of Children) Act

Parliament introduced and passed the Juvenile Justice (Care and Protection of Children) Act in 2015 to replace the Juvenile Delinquency Law and the Juvenile Justice (Care and Protection of Children Act) 2000. The act offered provisions to allow trials of juveniles in the age group of 16-18 years as an adult who were found to be in conflict with the law, especially heinous crimes. It also offered provisions regarding adoption.

✔ Age determination: The Act defines a juvenile as a person who has not completed eighteen years of age and recognizes that children require special protection and treatment due to their age.

✔ Juvenile Justice Board: The Act establishes Juvenile Justice Boards at the district level to deal with matters concerning juvenile offenders and it is responsible for conducting inquiries and deciding the rehabilitation and reintegration plans for juveniles.

✔ Child Welfare Committees: The Act provides for the establishment of Child Welfare Committees at the district level to deal with matters related to children in need of care and protection.

✔ Differentiated Juvenile Justice System: The Act differentiates between juvenile offenders and adult offenders, emphasising rehabilitation and reformation for juveniles rather than punishment.

✔ Prohibition of Sentencing to Adult Jails: The Act prohibits the placement of juveniles in adult jails or lock-ups, recognizing the need for a separate and child-friendly justice system.

✔ Rehabilitation and Social Integration: It encourages the use of various measures, including counselling, education, vocational training, and community service.

✔ Adoption and Foster Care: The Act outlines procedures for adoption and foster care, promoting the best interests of the child. It establishes a Central Adoption Resource Authority (CARA) to facilitate and regulate adoption procedures.

Concerns associated with the Juvenile Justice (Care and Protection of Children) Act

✔ Age Determination Challenges: There have been concerns about accurately determining the age of juveniles, especially in cases where birth records are not available.

✔ Rehabilitation Effectiveness: There is a need for a robust and monitored rehabilitation system to ensure that juveniles are successfully reintegrated into society.

✔ Overcrowded and Poorly Managed Institutions: Child Care Institutions (CCIs) established under the Act have sometimes been criticised for overcrowding, substandard living conditions, and lack of proper care and protection. Ensuring the quality of care in these institutions is crucial for the well-being of children.

✔ and lack of proper care and protection. Ensuring the quality of care in these institutions is crucial for the well-being of children.

✔ Delay in Legal Processes: Timely resolution is crucial to avoid prolonged uncertainty for juveniles and to facilitate their rehabilitation and reintegration.

✔ Lack of Comprehensive Mental Health Support: The Act may be perceived as lacking a comprehensive approach to addressing the mental health needs of juveniles, both in conflict with the law and those in need of care and protection.

Way Forward

✔ Capacity Building and Training: Invest in ongoing training programs for professionals involved in the juvenile justice system, including members of Juvenile Justice Boards, Child Welfare Committees, and staff working in Child Care Institutions.

✔ Improve Rehabilitation Programs: Enhance the effectiveness of rehabilitation and reintegration programs by incorporating evidence-based practices, vocational training, education, and mental health support.

✔ Enhance Oversight and Monitoring: Strengthen mechanisms for monitoring and oversight of Child Care Institutions to ensure that they adhere to prescribed standards and provide a safe and supportive environment for children.

✔ Public Awareness Campaigns: Conduct public awareness campaigns to change societal attitudes towards juvenile offenders.

✔ Mental Health Support: Integrate comprehensive mental health support into the juvenile justice system, it includes early identification of mental health issues, access to counselling services, and collaboration with mental health professionals.

It's important to involve various stakeholders, including government agencies, non-governmental organisations, legal professionals, social workers, and the general public, in the process of implementing and refining the juvenile justice system. Collaboration and a holistic approach are key to creating a system that truly serves the best interests of children in conflict with the law and those in need of care and protection.