AN ANALYTICAL STUDY OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES AND ROLE OF NEW CRIMINAL LAW BY – DR. REKHA RANI SHARMA
AN ANALYTICAL STUDY OF PROTECTION
OF CHILDREN FROM SEXUAL OFFENCES AND ROLE OF NEW CRIMINAL LAW
AUTHORED BY – DR. REKHA RANI SHARMA
ABSTRACT
The Protection of Children from
Sexual Offences Act (POCSO) came into power on November 14, 2012, and was
explicitly formed to manage offences including kid sexual maltreatment and
youngster porn. The Act through its 46 arrangements expanded the extent of
detailing offences against kids, which were not prior covered under the
Bhartiya Nyaya Sanhita(BNS), 2023. This extended the criminal punishment for
disturbed penetrative rape to remember discipline for maltreatment by an
individual for position of trust or authority including community workers,
police, military, and the executives or staff of an instructive or strict
establishment. It additionally characterized the method for announcing cases,
including an arrangement for discipline for inability to report a case or bogus
grumbling. It gave techniques to recording of the assertion of a kid by the
police and court, explicitly necessitating that it ought to be done in a kid
cordial way, and by the setting up uncommon courts. The POCSO Act characterizes
offences of rape, inappropriate behavior, porn and shielding the interest and
prosperity of kids. It additionally sets out a kid cordial method in regards to
the recording of proof, examination and preliminary of offences, foundation of
uncommon courts and rapid preliminary of cases.
KEYWORDS: - SEXUAL OFFENCES AGAINST CHILD, POCSO
ACT 2012, BHARTIYA NYAYA SANHITA(BNS) 2023, CHILD RIGHTS, CHILD AND JUVENILE
INTRODUCTION
The
postmodernist phase in world culture has marked many a stride in the
understanding, analysis, and contextualization of the world affairs. The
present article entitled “An Analytical study on protection of children from sexual offences and
role of new criminal law” has its traces in the development of socio-political
sensitiveness on the world plank in the later decade of the twentieth century.
Law, Politics, and Governance are the off shoots of the eternal urge for
betterment of civil life. May it be the human rights laws and the Universal
Declaration of Human Rights in the field of law and allied branches like
governance, administration and justice, or the socio-economic forces like post
structuralism, deconstruction, gender discourses ,globalization, cyber space or
liquid reality, human beings and its development has been focused as the central
point .We can define the world affairs in the second decade of the twenty first
century totally fixing up and indicating towards geo-centric establishments
which sometimes allures even to subsiding the institution of state. It will
never sound hyperbolic if we call it the new renaissance of individuality in
the new millennium. Throughout the history of mankind, children have only
sometimes been spared to indignities, cruelties, and horrors that human beings
so often inflict upon each other. At various times, in various places, children
have been abandoned, starved, beaten, enslaved, sexually assaulted, and put to
death. OneKofi Atta Annan, winner of 2001 Nobel Peace Prize is a Ghanaian
diplomat who served as the seventh Secretary-General of the United Nations from
January 1997 to December 2006. such horror-child abuse –have become serious
social problems in the societies, yet it occurs infrequently or not at all in
many of the world’s societies. Child abuses seems to increase in situations of
rapid socio-cultural change, urban migration, family disorganization, and the
like, no clear-cut set of prognostic variables has been identified. Indeed, it
seems that factors that predict child abuse in one society will not be
predictive in another. Only active public and professional concerns led to the
emergence of the truer picture of all forms of the child abuse and neglect:
physical, sexual, emotional, and failure to thrive owing to maternal
deprivation.[1]The
present thesis is an attempt to make. a socio legal analysis of the juvenile
justice system a n d study of child abuse which is existing in
different form and how they have been addressed in different existing
legislation and government policies.
CHILD PROTECTION IN INDIA
In
the case of India, a huge chunk of the child population is vulnerable at birth
till they attain self-sustaining capabilities, physically, emotionally, and
mentally.Thus, a holistic approach is needed for children to enable them to
become active participants in their own development and the development of the
Nation. Protecting children from all forms of violence, abuse, and exploitation
in different settings, including family, community and wider society is
essential to ensure that they are given all the rights due to them. Protecting
children from all forms of violence, abuse, and exploitation is integral to the
holistic development of children, as it enables them to become active
participants intheir own development and the development of the Nation. A child
who sells flowers or magazines at a traffic light every day is not just another
salesperson, but someone who is deprived of a normal and secured family life,
and deniedhis or her basic rights of nutrition, health, education, and
development. Unfortunately, it is common to see children in vulnerable and
difficult situations. At an age where they should be in school and learning,
children are married off; engaged in work–in farms, households, restaurants,
and in industries; trafficked for labour and sexual exploitation; and exposed
to abuse and violence.[2] According to the Ministry of Women and
Child Development (MWCD), around 170 million or 40 percent of all children in
India are either vulnerable to or experiencing difficult circumstances, such as
violence at home, separation from family and street life (Integrated Child
Protection Scheme–ICPS)[3].
If we look at sexual abuse, a study conducted by MWCD in 2007 shows that more
than 53 percent all respondents reported to have faced one or more forms of
sexual abuse. Gender-biased sex selection is another important challenge for
child protection in India. As per 2011 Census, there are only 914 females to
every1,000 males in the age group of zero to six years.[4]This
means that baby girlsare largely discriminated over boys at birth. Child marriage
is also preventing girls from going to school, developing skills to get a job
and, growing to their full potential. In fact, India has the record of having
the highest absolute
number of child brides: about 24 million. This represents 40 percent of the 60
million world’s child marriages.[5]
Protecting children from all forms of violence, abuse, and exploitation in
different settings, including family, community and wider society is essential
to ensure that they are given all the rights due to them. When children are
protected, they develop to their full potential, but when they are exposed to
risks, they become vulnerable to getting trapped in the cycle of violence,
abuse, and deprivation.
1.1.1
Child Protection and UNICEF
At UNICEF, the vision and
approach to child protection is about creating a “protective environment” for
all children. This means working together with allstakeholders, including the
Government, communities, schools, families, children, Panchayat members,
teachers and Anganwadi workers toprotectchildrenagainstallformsofviolence,
abuse,and exploitation. This protective environment, which implies the
establishment of a responsive system to address violations of children’s right
to protection, has some key elements: Government’s commitment to fulfilling
children’s right to protection, which is reflected in a strong and sensitive
policy for children. Appropriate legislation, whichsafeguards children’s
rights, and adequate financial and human resources to implement the laws.
Promotion of positive social and cultural norms, attitudes, traditions,
behaviours and practices, which are essential to address issues such as gender
biased sex selection, child labour, and other protection concerns; Creating
anatmosphere of open and frankdiscussions on child protection, including
engagement with the media and civil society to raise and address child
protection concerns; Building children’s own capacities to protect themselves
and demand their rights, through knowledge and skills; Enhancing capacities of
families, caregivers, and everyone who comes in contact with children, to be
able to provide effective care and protection of children. Provision of basic
and targeted services, including health and education, as well as specific
services for children who have been victims of violence, abuse, and
exploitation; A system that can provide effective monitoring and oversight
–both in terms of violations of children’s rights, and to the child protection
system as whole. 5UNICEF Report 4 UNICEF[6] workswithgovernment andNGOpartners,
with communities, the media, academia and children themselves to build and
strengthen the protective environment so that children do not get harmed and if
this happens, they can rely on buffers which will support them through
difficult circumstances and risks. UNICEF has been providing technical support
to the Ministry of Women and Child Development to support the implementation of
the Integrated Child Protection Scheme (ICPS) which provides an excellent
opportunity to establish and strengthen a robust preventive and responsive
child protection system at state, district, and community level by creating and
reinforcing structures, promoting coordination and accountability of all
stakeholders. On the one hand, the scheme provides for setting up village
andblock level child protection committees, with a mandate to ensure that
children are protected from all forms of violence, abuse, and exploitation, and
on the other, it ensures that a child sensitive and effective response
mechanism is put in place to provide specific services to children who have
been victims of any form of violence and exploitation. The scheme also brings
with its adequate provisions for financial and human resources to provide a
range of services.[7] One innovative element of the Integrated
Child Protection Scheme is the emphasis placed on family and community-based
modalities of care in lieu of institutions for those children that are deprived
and or separated from their biological family. Global evidence suggest that
institutions are not the most suitable form of care to promote child’s
development as children best thrive in family like environments. Traditionally,
institutions were used as the most common option for children without families
but ICPS is bringing a change as it is trying to promote family care modes by
setting guidelines, standards and models for State Governments and their
partners. UNICEF is supporting the government in building capacity for this
change. In addition, UNICEF implements a number of programmes that promote the
establishment of a protective environment for children at local level in
partnership with State Governments, District Administrations, and Civil
Society. The focus of these interventions is to strengthen the district and
village level child protection mechanisms, ensuring that children are going to
school, learning, and not working, to mobilize communities to promote social and
cultural norms to address issues such as child marriage, trafficking and child
labour, and linking vulnerable families with social protection programmes of
the government. 1.1.2 Child Protection and National Human Rights Commission The
National Human Rights Commission (NHRC) is an embodiment of India’s concern for
the promotion and protection of human rights. Ever since the NHRC came into
existence, it has been concerned about the plight of juveniles who come in
conflict with law and children who are in need of care and protection. While
the Law Division of the NHRC has been dealing with complaints; the Policy
Research, Projects and Programmes Division of the NHRC has been monitoring the
implementation of the related Act at the national level as well as studying and
recommending effective application of those international instruments that
intend to improve the overall functioning of the juvenile justice system in the
country.
1.1.2
Rights of
the Child
There
is unanimity on the importance of protecting children and their right to
freedom and dignity. It was enshrined in the Constitution of India. Yet there
have been gross violations of children’s rights since independence and serious
gaps in the delivery of services for children. There is a need therefore to
understand the core principles for delivering services to children and an
adherence to a rights-basedperspective. Recent enactments, such as the
JuvenileJusticeAct2015[8]andprotectionofchildrenfromsexualoffences16have
been child centric clearly emphasizing the rights of children. Some policies
like the Integrated Child Development Scheme (ICDS)17 and
IntegratedChildProtectionScheme (ICPS)18 have also shown that decentralization
and involvement of the community and civil society as equal Juvenile Justice
(Care and Protection of Children) Act, 2015 has been passed by Parliament of
India. It aims to replace the existing Indian juvenile delinquency law,
Juvenile Justice (Care and Protection of Children) Act, 2000, so that juveniles
in conflict with Law in the age group of 16–18, involved in Heinous Offences,
can be tried as adults. The Act came into force from 15 January2016.[9]As
part of the country's child protection measures, India has passed legislation
prohibiting all forms of child sexual abuse. On May 22, 2012, the Indian
Parliament enacted the 'Protection of Children Against Sexual Offences Bill,
2011' into law. The government's guidelines, created in accordance with the
legislation, were also announced in November 2012, and the law is now ready for
execution. Integrated
Child Development Services (ICDS) is an Indian government welfare programme
which provides food, preschool education, and primary healthcare to children
under 6 years of ageand their mothers. These services are provided from
Anganwadi centres established mainly in rural areas and staffed with frontline
workers.[1] In addition to fighting malnutrition and ill health, the programme
is also intended to combat gender inequality by providing girls the same
resources as boys.The Integrated Child Protection Scheme (ICPS) is a centrally
sponsored scheme aimed at building a protective environment for children in
difficult circumstances, as well as other vulnerable children, through
Government-Civil Society Partnership partners with thegovernment are important
components for effective realization of children’s rights.[10]The
Constitution of India recognizes the vulnerable position of children and their
right to protection. The framers of the Constitution of India have also become
fully aware of their responsibility towards children. This awareness is
reflected in the constitutional provisions which are intended for protecting
the rights of children. Following the doctrine of protective discrimination, it
guarantees in Article 15 special attention to children through necessary and
special laws and policies that safeguard their rights. The right to equality,
protection of life and personal liberty and the right against exploitation are
enshrined in Articles 14, 15, 15(3), 19(1) (a), 21, 21(A), 23, 24, 39(e) 39(f)
and reiterate India's commitment to the protection, safety, security and
well-being of all its people, including children. The articles read as follows:
Article 14: Within the boundaries of India, the State must not deny to any
individual the equality before the law or the equal protection of the laws;
Article 15 prohibits discrimination against citizens solely on the basis of their
religion, race, caste, sex, place of birth, or any combination of these.
Article 15 (3): Nothing in this article may prohibit the State from providing
for women and children in particular ways; All people have the right to freedom
of speech and expression, according to Article 19(1)(a). Protection of life and
personal liberty is guaranteed by Article 21;no one may be deprived of life or
personal liberty unless in accordance with legal process:
Article
21A: All children between the ages of six and fourteen are entitled to free and
compulsory schooling; Article 23: Prohibition of trafficking in human people
and forced labour. This article forbids trafficking of human beings, the use of
beggars, and other similar types of forced labour, and anybody who violates
this provision has legal consequences; According to Article 24, no kid under
the age of fourteen may be employed in any industry, mine, or other hazardous
job. It is the duty of the state to ensure that the following things are taken
into consideration when formulating policy: (e) protection of the health and
strength of workers, men and women, and children in their tender years; (f)
provision of opportunities and facilities for the development of children in
healthy, free, and dignified environments; (g) protection of children's rights
to play and education; and (h) protection of children's health and strength
during their formative years.
PRINCIPLES OF CHILD CENTRIC
POLICIES AND LAWS
The
National Commission for the Protection of Child Rights (NCPCR) has developed an
understanding of the fundamental concepts that should guide policymaking,
service provision, the administration of justice, and the creation of laws on
behalf of children. Policymaking and service provision should be informed and
guided by a number of management concepts, including those of decentralisation,
flexibility, institution building processes, convergence, and hearing the
voices of children. In this way, the gramme panchayats and the community at
large may feel like they have a stake in the safety of the children under their
care. Parliament passed legislation in 2005 called the Commissions for the
Protection of Children's Rights (CPCR Act), which led to the establishment of
the National Commission for the Protection of Children's Rights (NCPCR) in
March 2007. (December 2005). The NCPCR is a statutory body formed under the
CPCR Act, 2005, which is overseen by the Ministry of Women and Child
Development of the Indian Government. It is the responsibility of the
Commission to ensure compliance with the Indian Constitution and United Nations
Convention on the Rights of the Child in all applicable laws, policies,
programmes and administrative processes. Additionally, it would be necessary to
approach the problem with a sense of urgency and come up with solutions that
are tailored to the local circumstances. This means that a government-funded,
centrally planned programme may not necessarily be the best solution for a
given situation. Everything must be formalised and done in a methodical, predictable
manner rather than on an as-needed basis. It is essential that all relevant
agencies work together and synchronise their plans and services at the
neighbourhood and regional levels in order to improve health, nutrition,
education, and other entitlements in the community. Every step of the
adjudication process involving child victims and witnesses (i.e., children in
touch with the law and children in need of care and protection) requires
particular procedures. To achieve this goal, it is necessary to implement child
jurisprudence, a child focused procedural code, a well-trained cadre of the
judiciary on child rights, and appropriate space and opportunity for children
to seek justicein an environment that is humane and kid friendly. The best
interests of the child, including his or her right to privacy and protection
from additional victimisation, must be prioritised at all times throughout the
adjudication process. Reparative and restorative justice are also necessary
components of child-centered law. The rights of children must be clearly stated
in any law enacted to safeguard them, with the state obligated to provide the
necessary infrastructure and services. All children under theage of 18 should
be protected by the law, and the laws should be written with universality in
mind rather than with fairness and social justice as their primary goals.
Affirmative action measures tailored to the needs of underprivileged children
should bea part of all laws, within the context of human rights and the principle
of universality. The right to education act and the act to protect minors from
sexual offences are two examples of contemporary laws that include rights-based
ideas.[11]
NATIONAL POLICIES AND LEGISLATIONS
ADDRESSING CHILD RIGHTS
The rights
of children in India are grounded on the Constitution's fundamental guarantees
and guiding principles. A number of laws and policies at the national level
have been enacted to give effect to the commitment to children's rights.
Regarding (a) national policy, Among the most important laws and policies
enacted in the nation to protect and advance the rights of children are: 1974's
National Policy for Children; 1986's National Policy on Education; 1987's
National Policy on Child Labour; and 1989's National Nutrition Policy. Plan of
Action to Combat Trafficking and Commercial Sexual Exploitation of Women and
Children, Report on 11 Ibid Prostitution, Child Prostitutes, and Children of
Prostitutes (1993). National Health Care Reform Act of 1998, 2002 Report on the
State of Children's Rights in the United States, 2004 An Update to the
Children's National Action Plan To protect children from all types of abuse and
to enhance the family, society, and the country as a whole, the goal of the
National Charter for Children, 2004 is to ensure that every child has the
opportunity to grow up free from harm and to fully realise his or her
potential. Care, protection, and welfare of children from marginalised and
underprivileged groups; Ensuring child-friendly processes; Protection from economic
exploitation and all types of abuse; Protection of the female child; Ensuring
child-friendly procedures. In 2005, the then-Department of Women and Child
Development (now MWCD) developed the National Plan of Action for Children
(NPAC). The Prime Minister's Office is keeping tabs on the Plan. The goal of
the Action Plan is to protect the rights of all children under the age of
eighteen. It reaffirms the government's commitment to provide all children with
the opportunity for health, education, and safety. Its overarching goal is to
provide conditions that safeguard children's rights. The National Partnership
for Children and Youth (NPAC) is urging states to create child-focused plans of
their own. The National Plan identifies a number of critical priority areas,
including children's right to survival, development, protection, and
participation, as well as monitoring and assessment of policies and activities.
The NPAC also emphasises allocating funds specifically for child safety
purposes. Important National Laws in India to Protect Children's Rights
Include: Legal Acts: Guardian and Wards Act (1890), Factories Act (1954), Hindu
Adoption and Maintenance Act (1956), Probation of Offenders Act (1958), Bombay
Prevention of Begging Act (1959), Orphanages and Other Charitable Homes
(Supervision and Control) Act (1960), Bonded Labour System (Abolition) Act
(1976), Immoral Traffic Prevention Act (1986), Child Labour (Prohibition and
Regulation) Act (1986), Prevention of Illicit Traffic in Narcotic Drug.
INTERNATIONALCOMMITMENTTOWARDS
CHILD PROTECTION
Several
international agreements and declarations guarantee the right to protection,
safety, and dignity of children, and India is one of their signatories.
Reaffirming its commitment to UNCRC's 1959 Declaration on Child Rights and
completely implementing all of its provisions, it acceded to the convention in
1992 and is fully committed to its implementation. Children's participation in
armed conflict and child trafficking, prostitution, and pornography were among
two UNCRC Optional Protocols that India ratified in 2005. Indian policies and
methods to safeguard children from such harmful types of abuse and exploitation
are being strengthened. Rights to Civil and Political and Economic and Cultural
Rights are also recognised by India, which is a signatory to several
international conventions. Three important International Instruments for the
protection of Child Rights that India is signatory to, are:
CONVENTION ON THE RIGHTS OF THE
CHILD (CRC): CRC was adopted by the UN General Assembly in 1989,
is the widely accepted UN instrument ratified by most of the developed as well
as developing countries, including India. The Convention constitutes the pillar
of children human rights law. The chief intention of the Convention is to
protect all children in the world and establish similar international legal
obligations for States parties. The intention of the Convention should be
regarded as a revolutionary movement for the protection of sovereignty of the
rights of the child. The Convention calls upon States parties to improve family
conditions and lays a heavy weight on the concept of non-discrimination or
race. The concepts of ethnicity as well as nationality are also highly valued
by the Convention. Thus, the purpose of Convention is to unequivocally protect
the primary and basic elements of the rights of the child. There are actually
four core principles in the framework of this significant international law-
making treaty which must be introduced:
1)
The best interest of the child as opposed to those of parents,
2)
Enjoying the right of the child with a non-discrimination method,
3) Having access to basic rights which include
right to life, and
4) Survival development as well as respecting
the right to participate in the proceedings or hearings which may positively
affect their rights in any other domestic procedures.
CHILD SEXUAL ABUSE IN INDIA
As part of
the country's child protection measures, India has passed legislation
prohibiting all forms of child sexual abuse. Fifty-three percent of Indian
youngsters have been abused as children. The need of stricter legislation has
been realised several times.[12] Goa Children's Act, 2003[13]was
a portion of child abuse law that existed prior to the 2012 Act. Protecting
children from sexual assault was enacted into law by India's Parliament on May
22, 2012, when it was signed into law by Prime Minister Narendra Modi.[14]The
rules formulated by the government in accordance with the law have also been
notified in November 2012 and the law has become ready for implementation.[15]Before
POCSO Act, most of the sexual offences are covered under IPC 1860. But does not
providefor all types of sexual offences against children and its general
legislation. It does not distinguish between adult and child victims. Child
sexual abuse was prosecuted under the following sections of Bhartiya Nyaya Sanhita 2023:
BHARTIYA NYAYA SANHITA2023 (Section 63)-Rape
BHARTIYA NYAYA SANHITA2023 (Section 74)-Outraging the
modesty of a woman
BHARTIYA NYAYA SANHITA2023 (repealed) -Unnatural
offences
BNS 2023
section 63 does not protect male victims or anybody from sexual acts of
penetration other than "conventional" peno-vaginal intercourse, and BNS
section 74 does not define "modesty" in statute, hence the code was
unable to properly protect the youngster in this case. It's a very minor crime
that may be committed repeatedly. The "modesty" of a young boy is not
safeguarded either.
POCSO ACT 2012: The new Act[16]
provides for a variety of offences under which an accused can be punished. It
defines a child as a person under age of 18 years age. It encompasses the
biological age of the child and silent on the mental age considerations. A
recent case in SC has been filed where a women of biological age 40years but
mental age 6years was raped. The victim's advocateargues that "failure to
consider the mental age will be an attack on the very purpose of act." SC
has reserved the case for judgement and is determined to interpret whether the
2012 act encompasses the mental age or whether only biological age is inclusive
in the definition.Finally, in 2017 in the case of Ms. Eera v. State (Govt.NCT
of Delhi)[17] the court held that on a reading of the POCSO
Act, it is clear to us that it is gender neutral. In such a situation, to
include the perception of mental competence of a victim or mental retardation
as a factor will really tantamount to causing violence to the legislation by
incorporating a certain word to the definition. By saying “age” would cover
“mental age” has the potential to create immense anomalous situations without
there being any guidelines or statutory provisions. Needless to say, they are
within the sphere of legislature. To elaborate, an addition of the word
“mental” by taking recourse to interpretative process does not come within the
purposive interpretation as far as the POCSO Act is concerned. POCSO Act, 2012
recognizes forms of penetration other than peno-vaginal penetration[18]
and criminalizes acts of immodesty against children too. The act is gender
neutral. With respect to pornography, the Act criminalizes even watching or
collection of pornographic content involving children.[19]The
Act makes abetment of child sexual abuse an offense[20] It also provides for various
procedural reforms,36making the tiring process of trial in India considerably
easier for children. The Act has been criticized as its provisions seem to
criminalize consensual sexual intercourse between two people below the age
of18. The 2001 version of the Bill did not punish consensual sexual activity if
one or both partners were above 16years.[21]
CONCLUSION AND SUGGESTIONS
The
researcher has tried to focus on providing effective solutions to the questions
raised as well as suggest effective and practical measures that can be adopted
in order to address the menace of child sexual abuse. A congregation of the
working of the Act coupled with the provisions, the burning issues of the
present society and also specific personal suggestions has been incorporated.
We've
all had our share of childhoods. There is solidarity in this. Quite a few of us
are parents or actively involved in the lives of children. We hope that today's
youth will grow into tomorrow's strong, healthy, happy, and productive adults.
We hope they achieve their goals. Children represent both the present and the
future. They represent the next generation of leaders in society, including
parents, grandparents, teachers, doctors,police, judges, civic and religious
figures, politicians, and policymakers. It is certain that child abuse is a
pervasive social issue that exposes profound underlying frailties. These
conditions and their attendant indifference and passivity frequently served as
fertile ground for the growth of such aggressive behaviour. Some children
become far more accepting of violent behaviour and attitudes in such a setting,
while others do not. The way we deal with the criminality that now impacts
young people will have far-reaching consequences for future families and
society. Six out of ten kids between the ages of 2 and 14 experience regular
physical punishment at home. The rule applies to all children. Those who are
vulnerable do not discriminate based on age, gender, religion, ethnicity,
disability, socioeconomic status, sexual orientation, or gender identity and
expression. Gender-sensitive approaches are needed to decrease children's
exposure to violence and to satisfy their specific needs for care and
assistance.
[1] Jill E. Korbin, Child Abuse and
Neglect: Cross-cultural Perspective University of California Press, 1983
[2] Child Protection in India, Dora
Giusti, Aneerudh Kulkarni
[3] The Integrated Child Protection
Scheme (ICPS)
[4] Child Protection in India
[5] UNICEF Report
[6] The United Nations Children'sFund
[7]Ibid
[8]
JuvenileJustice(CareandProtectionofChildren)Act,2015
[9] Child sexual abuse laws in India
have been enacted as part of the nation's child protection policies
[10] The Integrated Child Protection
Scheme (ICPS) is a centrally sponsored scheme aimed at building a protective
environment for children in difficult circumstances, as well as other
vulnerable children, through Government-Civil Society Partnership
[11] Ibid
[12]
Needstringentlawstocurbchildsexualabuse:“Tirath".
[13] 13CHILDLINE India Foundation
[14] 14"Parliamentpasses
billtoprotectchildren
[15] 15Law
forProtectingChildrenfromSexualOffences
[16] The Protection of Children from
Sexual Offences Act, 2012
[17] 2017SCCOnLineSC787
[18] The Protection of Children from
Sexual Offences Act, 2012 Chapter 2
[19] Chapter POCSO ACT 2012 Chapter 3
[20] POCSO ACT 2012 chapter 4
[21] POCSO ACT 2012 Chapter 5, 6, 7