THE INTERPRETATION AND IMPLEMENTATION OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES (POCSO) ACT, 2012

AUTHOR – MISHA SINHA, STUDENT AT AMITY UNIVERSITY

BEST CITATION – MISHA SINHA, THE INTERPRETATION AND IMPLEMENTATION OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES (POCSO) ACT, 2012, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1491-1495, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Children are the nation’s greatest human resource, and their well-being health, education, safety, happiness, and access to opportunities is a barometer of the socio-economic progress of the nation. The article begins with outlining the POCSO Act and its goals, which was introduced in 2012 in response to an increase in crimes against children. The protection of children from sexual offences (POCSO) legislation was passed by the Union Cabinet on April 21, 2018, in response to a spate of horrible child rapes. This law stipulates that anyone found guilty of raping a minor who is 12 years old or younger will be executed. Without a doubt, POCSO 2012 has significantly helped to address the child sexual abuse issue in India. It has recognized and made illegal several inappropriate sexual activities that endanger children. The law has significantly contributed to educating the public, sensitizing the criminal judicial system, and making the reporting of CSA (child sexual abuse) acceptable and mandatory, as seen by the fast-rising number of reported cases. The law is highly detailed and contains some unusual aspects. However, three key concerns that were noted in the letter and spirit of the law could make its implementation in the Indian setting problematic. The problems are rigidity in the age of consent for sex with those under the age of eighteen, mandatory reporting requirements, and the impreciseness of age determination. Additionally, POCSO 2012 and the Prohibition of Child Weddings Act 2006, which expresses the government of India’s desire to outlaw child weddings and protect vulnerable children, should deter underage marriages. However, given the issues mentioned above and, in a setting, where social and cultural norms continue to tolerate, if not actively promote, child marriages the possibility of resource waste and loss cannot be discounted.