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Implications And Challenges To Pocso Act: An Emperical Study
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IMPLICATIONS AND CHALLENGES TO POCSO
ACT: AN EMPERICAL STUDY
AUTHORED BY - RAMNEEK KAUR
ABSTRACT
Abuse against children include all
forms of violence towards people under 18 years of age which includes physical abuse,
sexual abuse, emotional abuse as well as neglect at the hands of parents,
authority figures or strangers.
Child abuse is a multidimensional issue involving
legal, social medical and psychological implications. In order to protect
rights of children, Government of India introduced Protection of Children from
Sexual Offenses Act, 2012. The Act has been instrumental in providing a robust
justice mechanism for the victims of sexual abuse and has highlighted the
significance of child rights and safety. The Act covers punishment for both
non-penetrative sexual assault and aggravated penetrative sexual assault.
An act for the welfare of society
indeed, but even an act such as POCSO 2012 comes with its recriminations. But
what recriminations and criticisms are we talking about? This paper follows an
empirical study into the society while shedding light on every individuals own
point of view and suggestions regarding the act and its working.
Despite the ever-increasing amount of
such incidents, it still remains one of the most underreported crimes. Why? We’ll
try to acknowledge the stigma that is still ongoing in our society regarding
sexual abuse of children and the hesitation behind reporting it. Let’s dive
into the study to get a closer look at POCSO and the challenges that come along
with it.
Abuse against children encompasses
various forms of violence directed towards individuals below the age of 18,
including physical abuse, sexual abuse, emotional abuse, and neglect
perpetrated by parents, authority figures, or strangers. Child abuse is a
complex issue that has legal, social, medical, and psychological implications.
To safeguard the rights of children, the Government of India passed the
Protection of Children from Sexual Offenses Act (POCSO) in 2012. This
legislation has played a crucial role in establishing a robust justice system
for victims of sexual abuse, while also emphasizing the importance of child
rights and safety. The Act encompasses penalties for both non-penetrative and
aggravated penetrative sexual assault.
Undoubtedly, an act like POCSO 2012
serves the welfare of society, but it is not without its criticisms and
repercussions. This research paper delves into an empirical study of society,
shedding light on diverse perspectives and suggestions regarding the act and
its implementation.
Keywords:
POCSO Act, child protection, sexual offences, challenges, empirical study
CONTENTS
a) CHAPTER 1
INTRODUCTION
·
Historical Context
·
Activism and Government Initiatives
·
Child Protection and Development
b) CHAPTER 2
METHODOLOGY
·
Survey design and methodology
·
Limitations of the survey
c) CHAPTER 3
·
Awareness of POCSO Act
·
Educational Initiatives
·
Societal Stigma and Victim-Blaming
·
Underreporting of Sexual Abuse
·
NGO Initiatives and Challenges
·
Legal Support and Financial Assistance
d) CHAPTER 4
SUGGESTIONS AND WAY
FORWARD
·
Need for Counselling and Therapy
·
Legal Aid and Medical Attention
·
Sensitive Handling by Authorities
·
Parental Involvement and Support
·
Privacy Protection and Public Awareness
e) CHAPTER 5
LITERATURE REVIEW
f) CHAPTER 6
CONCLUSION
g) REFERENCES
CHAPTER 1
INTRODUCTION
“Safety and security don't just
happen, they are the result of collective consensus and public investment. We
owe our children, the most vulnerable citizens in our society, a life free of
violence and fear” as said by Nelson Mandela.
Children are among the most
vulnerable members of society, requiring special protection and care to ensure
their safety and well-being. However, despite concerted efforts to safeguard
their rights, incidents of child sexual abuse continue to pose a significant
threat to their physical, emotional, and psychological integrity. In
recognition of this grave concern, the Protection of Children from Sexual
Offences (POCSO) Act was enacted, marking a crucial milestone in India's legal
framework for child protection.
As per the study shown by the
Ministry of Women & Child Development, Government of India, in 2007, more
than 69% of children aged 5 to 18 years old are victims of exploitation, highlighting a serious need for
intervention and protection measures.[1]
Before the Protection of Children
from Sexual Offenses (POCSO) Act came into effect, child abuse was addressed
under various laws in India. These included sections like Section 377 (dealing
with unnatural offenses), Section 375 (rape), and Section 354 (outraging
modesty of a woman) of the Indian Penal Code. Additionally, the Constitution of
India, under Article 21, mandated the state to ensure the protection of
children.[2]
Child sexual abuse involves harming a
child physically or emotionally by someone they trust. This can include using a
child for sexual purposes or gratification by someone in a position of power or
trust.
In 2009, the Ministry of Women &
Child Development, Government of India introduced the "Integrated Child
Protection Scheme (ICPS)" [3] to establish a system that efficiently
protects children while reducing service gaps. It was based on the fundamental
principles of upholding children's rights and prioritizing their best
interests. The goal was to extend support to all children, especially those
facing challenging circumstances, by merging various child protection schemes
of the Ministry of women and child Development into a single centrally funded
program. The ICPS primarily focused on assisting children in need of care and
protection, as well as those involved in conflicts or legal matters. The
movement, directed by the Ministry of Women and Child Development, has led to
the passing of the Protection of Children from Sexual Offences (POCSO) 2012. [4]
Until 2012, the law in India didn't specifically recognize sexual offenses against children. Instead, such crimes fell under broader sections of the Indian Penal Code (IPC) that weren't child-specific. Only offenses like rape (non-consensual sexual intercourse), outraging the modesty of a woman (various acts), and unnatural acts (such as anal sex, homosexuality) were legally acknowledged.[5] This meant that other forms of non-penetrative sexual assaults, harassment, and exploitation weren't explicitly considered crimes and therefore weren't officially recorded, even if reported.
It's crucial to prioritize the safety
and well-being of children in our county if we want to see progress and growth.
The law called "The Protection of Children from Sexual Offences Act,
2012" explains different ways sexual abuse can happen to children, like
physical assault or harassment, and sets up special courts to handle these
cases quickly and effectively. Doctors, nurses, and other healthcare workers
play a big role in preventing and responding to sexual violence against kids.
They help prevent it, intervene if it happens, and treat the child afterward.
By involving people from different sectors, like healthcare and justice, we can
better protect children, help them recover, and prevent more harm.
CHAPTER 2
METHODOLOGY
Closed-ended questions, including multiple-choice were used to quantify
responses, while open-ended questions allowed participants to provide
qualitative insights and personal experiences which assessed participants'
familiarity with the POCSO Act, perceptions of the prevalence and seriousness
of child sexual abuse, likelihood of reporting instances of abuse, perceived
barriers to reporting, and awareness of support services.
Informed consent was obtained from all participants before they began the
survey, and measures were in place to protect participants' privacy and
confidentiality throughout the survey process.
The target audience for the survey included common people from diverse
backgrounds, including individuals from different age groups, genders,
educational levels, occupations, and geographical locations. Recruitment was
primarily conducted through online channels, using social media platforms and
community forums like reddit and Instagram.
Ethical considerations were taken care of throughout the research
process. Confidentiality and anonymity of participants were maintained, with no
personally identifiable information collected. All data handling and analysis
procedures adhered to ethical guidelines to guarantee the protection of
participants' privacy and rights.
Throughout the research process, transparency was maintained in all
aspects, including recruitment procedures, data collection methods, and data
analysis procedures. Any conflicts of interest or ethical concerns were
addressed transparently and appropriately.
By adhering to these ethical considerations, the research upheld the
rights, dignity, and well-being of participants while ensuring the integrity
and validity of the research findings.
LIMITATIONS
The survey faces several limitations
that must be carefully considered in interpreting its findings. Firstly,
sampling bias may arise if the sample is not representative of the broader
population. Conducting the survey online, for instance, may disproportionately
attract respondents with internet access, potentially excluding marginalized or
disadvantaged communities. Additionally, self-report bias poses a significant
concern, particularly in responses to sensitive questions about sexual offenses
or reporting behaviours. Social desirability bias may lead participants to
underreport or overreport certain behaviours, compromising the precision and
reliability of the data. Furthermore, findings from the survey may lack
generalizability because of the non-probability sampling method employed and
potential biases in participant recruitment.
Additionally, if only a few people
respond to the survey, it could cause a problem called non-response bias. This
means that the differences between those who answer and those who don't could
affect how well the sample represents the whole group, making the findings less
reliable. Another issue to consider is recall bias, where people might have
trouble remembering past experiences with sexual offenses or interactions with
the legal system accurately. This could lead to answers that aren't completely
accurate.
The depth of qualitative data
obtained through open-ended questions may be limited compared to more in-depth
qualitative research methods, such as interviews or focus groups, thus
constraining the richness of qualitative analysis and interpretation.
Moreover, the survey's scope might not cover
all relevant scopes of the topic, potentially overlooking influences that could
impact public awareness, attitudes, or experiences associated with the POCSO
Act and sexual offenses. It may fail to capture the nuances of social context
and cultural differences that influence perceptions of child sexual abuse and
attitudes towards the POCSO Act, potentially leading to incomplete or biased
responses.
Furthermore, findings may be subject
to temporal changes, as public awareness, attitudes, and experiences related to
child sexual abuse and the POCSO Act may progress over time, making them less
representative of attitudes or experiences at different points in time. These
limitations highlight the importance of interpreting the survey findings
cautiously and considering prospects for future research to address these
challenges.
CHAPTER 3
CHALLENGES OF THE POCSO ACT AS PER
THE SURVEY
After the survey was conducted and
responses were gathered from participants, the analysis commenced by examining
participants answers to understand how different groups perceived and
experienced child sexual abuse and the legal framework provided by the POCSO
Act. Subsequently, responses to closed-ended questions were quantitatively analysed
to determine the level of awareness of the Act, perceptions of child sexual
abuse prevalence and seriousness, likelihood of reporting instances of abuse,
and awareness of support services. Mcq type questions provided insights into
participants' agreement with statements regarding societal attitudes towards
child sexual abuse. Open-ended responses were analysed to uncover personal
experiences with reporting or accessing support services and to identify
suggestions for improving the response to child sexual abuse and the
implementation of the POCSO Act. Through this analysis, common challenges and
areas for improvement in addressing child sexual abuse and enforcing the POCSO
Act were identified, laying the groundwork for informing policy interventions
and enhancing child protection measures.
We need to look at why many cases of
child sexual abuse might not be reported in our country. One big reason is that
not everyone knows about the laws like the Protection of Children from Sexual
Offences (POCSO) Act.
There is a level of awareness
regarding child sexual abuse and related legal provisions, such as the POCSO
Act. However, this awareness often falls short in comprehending the specifics
of the law and its operational mechanisms.
A considerable portion of the
population in India has not been formally educated about the nuances of the
Protection of Children from Sexual Offences (POCSO) Act. This lack of formal
education extends to understanding the specific provisions outlined in the
legislation, as well as the broader implications of the Act in addressing and
preventing instances of child sexual abuse. Consequently, many individuals may
not be fully aware of their rights and responsibilities under the POCSO Act,
leading to gaps in knowledge and potentially hindering effective implementation
and enforcement of the law. This educational deficit underscores the importance
of enhancing awareness and education initiatives surrounding child protection
laws, including the POCSO Act, to empower individuals with the necessary
knowledge to safeguard children from sexual offenses and ensure proper
reporting and response mechanisms are in place.
The survey findings reveal a commonly
held belief among respondents that a significant obstacle hindering individuals
from reporting incidents of sexual abuse is the cultural and societal stigma
attached to such experiences. This stigma includes societal attitudes and norms
that often lead to victim-blaming, disbelief, and fear of social repercussions
among survivors. Consequently, individuals may be prevented from coming forward
and disclosing their experiences due to concerns about being judged,
ostracized, or not being taken seriously.
This societal stigma surrounding
sexual abuse creates a hostile environment for survivors, worsening feelings of
shame, guilt, and isolation, which further hinder their willingness to seek
support or report the abuse. Addressing this stigma is paramount to fostering a
more supportive and empathetic societal response to sexual abuse, which is
essential for encouraging survivors to come forward, access necessary
resources, and pursue avenues for justice and healing. Initiatives aimed at
challenging and dismantling these entrenched societal attitudes are crucial for
creating safer and more inclusive spaces where survivors feel empowered to
speak out without fear of stigma or reprisal.
One of the non-governmental organizations
(NGO) I surveyed, primarily focused on ensuring the safety of children through
various activities. Their main initiatives include conducting awareness
sessions on the Protection of Children from Sexual Offences (POCSO) Act and
providing rehabilitation services to children who have survived POCSO-related
offenses.
These awareness sessions are designed
to educate children and communities about preventing sexual offenses,
intervening in such situations, and techniques for healing. Importantly, the
NGO ensures that the language used in these sessions is appropriate for the age
group being addressed.
When asked about how frequently they
encounter cases involving the POCSO Act or sexual offenses against children,
the NGO revealed that such cases are encountered daily. However, they face
several challenges in effectively implementing the POCSO Act and handling cases
related to sexual offenses against children. One of the primary challenges
cited is the lack of financial resources. The respondents expressed concern
over the misallocation of tax revenues, highlighting the need for better
utilization of funds to support citizens, especially women and children.
Although the NGO acknowledges some
effectiveness in providing justice to sexual abuse victims, they note that
there are still not enough support services available for child abuse victims.
Despite efforts to collaborate with different agencies, including law
enforcement, legal entities, social services, and other NGOs, the level of
collaboration is rated poorly. They mentioned that while they try to communicate
with each department personally, the existing automatic systems often fail to
work in a timely manner, hindering the overall response to cases of child
sexual abuse.
A major challenge faced by the
organization in supporting child victims of sexual offenses and advocating for
their rights under the POCSO Act is the lack of laws providing financial
support to survivors. This deficiency often leads to family breakdowns during
the legal process, worsening the situation for victims and their families.
Addressing these challenges is
crucial to ensure comprehensive support for survivors and their families
throughout their recovery and pursuit of justice. The NGO continues its efforts
to raise awareness, provide rehabilitation services, and advocate for policy changes
to better protect children from sexual offenses.
CHAPTER 4
SUGGESTIONS AND WAY FORWARD
Advocates, including NGOs and
concerned citizens, emphasize the critical need for counselling and therapy for
children who have suffered the trauma of sexual abuse. They stress that these
young victims require professional support to heal from the distressing
experiences they've endured.
It's crucial not to overlook the
necessity of legal aid and medical attention as well for victims of sexual
abuse. Legal assistance ensures justice and accountability, while medical care
addresses physical and mental health needs. These services complement counselling
and support in helping victims recover and seek justice.[6]
A respondent bravely shared her
childhood trauma of sexual abuse, highlighting her experience with law
enforcement. She expressed how the authorities' questioning felt confusing and
insensitive. She believed a more thoughtful approach, especially when speaking
to a child, would have been beneficial. This sentiment emphasizes the
importance of sensitivity and empathy in handling such delicate situations.
Children who have endured abuse need to feel safe and understood when
interacting with authorities. Clear, age-appropriate questioning and a
compassionate demeanour can make a significant difference in how victims
perceive the process and can lead to more effective support and justice
outcomes. This insight emphasizes the necessity for law enforcement to receive
training on how to approach and communicate with child victims of abuse,
ensuring they feel supported and empowered throughout the investigative
process.
The age group most at risk was 14-17
years old, making up 60% of the victims. Among the victims, 85% were students.
The most frequent location for the assault was at the homes of relatives of the
accused, accounting for 32.5% of cases. In 96.2% of instances, the perpetrator
was someone known to the victim according to the study held at JNIMS, Imphal.[7]
When asked to share about their
thoughts, experiences, or concerns regarding child sexual abuse and the POCSO
Act, the responses shared shed light on important aspects of child sexual
abuse and the effectiveness of the POCSO Act. There is a strong call for
stricter laws and faster legal procedures to address the trauma experienced by
survivors. This highlights the need for legal reforms to ensure timely justice
and prevent further harm.
Privacy
protection is a major concern, as survivors often face stigma and judgment when
their cases are made public. It is crucial to maintain confidentiality during
legal proceedings to protect survivors and prevent additional distress. Public
awareness campaigns are necessary to combat victim-blaming and provide support
for survivors.
Parental
support is crucial in creating a safe environment for children to report abuse.
Educating parents about the signs of abuse and the importance of supporting
their children is essential in breaking the cycle of silence. Mental health
care for survivors is also important, as well as educating children about
personal boundaries.
Efforts to
address child sexual abuse should focus on implementing and enforcing the law
effectively, providing resources for survivors, and raising awareness in the
community. Empowering children to recognize and report abuse is vital, as is
advocating for policies that prioritize their protection and well-being.
The importance of sensitivity and
privacy in handling cases involving recording statements and conducting medical
examinations is emphasized in the specific provisions. Safeguarding the rights
and well-being of the child is of outmost importance. It is also crucial to
take practical measures to prevent abuse, such as researching offenders and
ensuring equal punishments for perpetrators. These actions are essential in
creating a safer environment for children.
Moreover, there is a pressing need to
raise awareness in rural and backward areas, where societal stigma and cultural
barriers often contribute to silence around abuse. Educating children about
their rights and the significance of speaking out against abuse is vital in
empowering them to defend themselves and seek assistance when necessary.
In summary, there is a clear call for
wide-ranging efforts to effectively address child sexual abuse. Strengthening
laws, increasing awareness, supporting survivors, and promoting a culture of
prevention are all necessary steps towards establishing a secure environment
for children, where their voices are valued, and their rights are upheld.
CHAPTER 5
LITERATURE REVIEW
1. ‘Profile of victims examined under
POCSO Act 2012, in JNIMS, Imphal’, Gangmei Agatha, Moirangthem BK, Int J Health
Res Medico Leg Prae, 2019 January
The study conducted at JNIMS, Imphal,
highlights the alarming prevalence of sexual assault cases among young girls
aged 14-17, with 85% of victims being students. The findings underscore the
importance of raising awareness among parents and children regarding sexual
crimes and the significance of early reporting and medical examination. Delay
in reporting results in the loss of crucial evidence, emphasizing the urgent
need for preventive measures and education to fight this heinous crime.
2. ‘Critical Analysis of Judicial
Responses to POCSO Act’, Saagarika .M, IJSR, 5, May 2023
This paper highlights the alarming occurrence
of sexual abuse against children in India, with statistics indicating
widespread forms of abuse. Various forms of abuse, including physical,
non-physical, and commercial exploitation, are identified as significant issues
affecting vulnerable children. Prior to the enactment of the POCSO Act in 2012,
existing legal provisions were found inadequate to address the complexities of
child sexual abuse cases. Challenges such as societal taboos, gender-based
violence, and lack of trust in children's testimony hindered effective response
and justice delivery. The introduction of the POCSO Act marked a pivotal moment
in addressing these challenges, providing specialized legal provisions, court
procedures, and support mechanisms for child victims. However, despite
legislative developments, systemic deficiencies persist, including
underreporting of cases, societal stigma, and inadequacies in legal responses.
Efforts to address these gaps involve not only legal reforms but also societal
shifts in attitudes towards child protection and victim support.
3. ‘Implications of the POCSO Act and
determinants of child sexual abuse in India: insights at the state level’,
Maity, S., Chakraborty, P.R, Humanit Soc Sci Commun 10, 6 2023
This study highlights the global
prevalence of child sexual abuse with shocking statistics revealing the nature
of this issue across various regions. Despite legislative efforts such as the
Protection of Children from Sexual Offences (POCSO) Act in India, challenges
persist, including underreporting, societal stigma, and vulnerabilities among
economically disadvantaged populations. Research emphasizes the need for strong
interventions and support mechanisms to address child sexual abuse and protect
children's well-being effectively.
CHAPTER 6
CONCLUSION
In conclusion, my empirical study
emphasizes the significance of the Protection of Children from Sexual Offences
(POCSO) Act as a crucial legal framework for addressing child sexual abuse in
India. The Act has played a pivotal role in establishing specialized legal
provisions, court procedures, and support mechanisms for child victims, marking
a significant milestone in child protection efforts. Despite its enactment,
however, the study reveals persistent challenges such as underreporting,
societal stigma, and systemic deficiencies that hinder the Act's effectiveness
in delivering justice and safeguarding children's rights.
Responses from participants highlight
both the recognition of the Act's importance in combating child sexual abuse
and the acknowledgment of its limitations and areas for improvement. While many
appreciate the Act's intent and provisions, concerns remain regarding its
implementation, accessibility of support services, and societal attitudes
towards survivors. Additionally, calls for stricter enforcement, faster legal
procedures, and enhanced support mechanisms underscore the need for continuous
efforts to strengthen the Act and address existing gaps.
While the POCSO Act
represents a significant step forward in protecting children from sexual
offenses, it is clear that more concerted action is needed to overcome existing
challenges and ensure comprehensive support for survivors. By addressing these
concerns and prioritizing the well-being of children, we can work towards
creating a safer and more supportive environment where every child can thrive
free from the threat of sexual abuse.
REFERENCES
‘Profile of victims examined
under POCSO Act 2012, in JNIMS, Imphal’, Gangmei Agatha, Moirangthem BK, Int
J Health Res Medico Leg Prae, 2019 January. (n.d.).
‘Implications of the POCSO Act
and determinants of child sexual abuse in India: insights at the state
level’, Maity, S., Chakraborty, P.R, Humanit Soc Sci Commun 10, 6 2023.
(n.d.).
Ministry of Women & Child Development (2010), The Integrated Child
Protection Scheme, Government of India. (n.d.).
Ministry of Women & Child Development, Handbook on Prohibition of
Child Marriage Act, 2006, Ministry of Women and Child Development, Government
of India and UNICEF. (n.d.).
saagrika.M. (2023). Critical analysis of Judicial Responses to POCSO
Act. IJSR, 6.
[1] Ministry
of Women & Child Development, Handbook on Prohibition of Child Marriage
Act, 2006, Ministry of Women and Child Development, Government of India and
UNICEF
[2] ‘Critical
Analysis of Judicial Responses to POCSO Act’, Saagarika .M, IJSR, 5, May 2023
[3] Ministry
of Women & Child Development (2010), The Integrated Child Protection
Scheme, Government of India: New Delhi.
http://wcd.nic.in/icpsmon/st_abouticps.aspx.
[4] India:
The Integrated Child Protection Scheme (ICPS): A centrally Sponsored Scheme of
Government-Civil Society Partnership | Better Care Network
[5] Indian
Penal Code, 1860
[6] Sathyanarayana
Rao TS, Nagpal M, Andrade C. Sexual coercion: time to rise to the challenge.
Indian J 5 Psychiatry. 2013
[7] Gangmei
Agatha, Moirangthem BK. Profile of victims examined under POCSO Act 2012, in
JNIMS, Imphal. Int J Health Res Medico Leg Prae 2019 January
Article Information
Implications And Challenges To Pocso Act: An Emperical Study
Authors: Ramneek Kaur
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/08/17
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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