A

Dissertation
On

SEXUAL ASSAULT AGAINST CHILDREN WITH REFERENCE

TO POCSO ACT

Submitted in partial fulfilment of the

requirement for the award of the degree
of

Master of Laws

Under the supervision of: Submitted by:

Dr. …………………….. Name of Candidate……..
Professor / Associate Professor / UID: ...................
Assistant Professor,
UILS,
Chandigarh University

UNIVERSITY INSTITUTE OF LEGAL STUDIES

CHANDIGARH UNIVERSITY,
GHARUAN, MOHALI, PUNJAB, INDIA-140413

MONTH YEAR
 DECLARATION BY THE CANDIDATE

I do hereby declare that the work which is being present in the dissertation
entitled, “…………………….”, in partial fulfilment of the requirements for the
award of the degree of Master of Laws submitted to UILS, Chandigarh
University, Gharuan, Mohali, is an original piece of research work carried
out by during the period from January 2021 to May 2021 under the
supervision of Dr. …………………….. Professor / Associate Professor /
Assistant Professor, UILS, Chandigarh University, Gharuan, Mohali, Punjab,
India. The matter embodies in this dissertation has not been submitted by
me for the award of any other degree of any other university/institute.

Student
Name…….
UILS, Chandigarh
University,
Gharuan (Mohali)
Punjab

This is to certify that the above statement made by the candidate is correct
to the best of my knowledge.

Supervisor
Name…….
UILS, Chandigarh
University, Gharuan
(Mohali)
Punjab
 CERTIFICATE

The final LLM Dissertation Viva-voce examination of Mr./Ms. …………………,

UID…………….… has been held on …………………………. and his/her case is
recommended for the award of Master of Laws in UILS, Chandigarh
University, Gharuan, Mohali.

Signature of Examiner(s) Signature of Supervisor

Signature of DRC Members Signature of DRC Chairman

 CERTIFICATE

This is to certify that the suggestions & recommendations of the Examiner(s)

and DRC members has been incorporated in the dissertation entitled,
“…………………….”, in partial fulfilment of the requirements for the award of
the degree of Master of Law and submitted to Chandigarh University,
Gharuan, Mohali.

Supervisor Student
Name……. Name…….
UILS, UILS,
Chandigarh University, Chandigarh University,
Gharuan, Mohali Gharuan, Mohali
 CERTIFICATE

This is to certify that the dissertation entitled “.........................” has been

prepared by ........ (name of the student), a student of University Institute of
Legal Studies, Chandigarh University under my supervision and guidance. I
recommend it for evaluation.

Place: (Supervisor)

Date:
 TABLE OF CONTENTS

LIST OF ABBREVIATIONS................................................................................................................................7

LIST OF CASES....................................................................................................................................................8

CHAPTER 1...........................................................................................................................................................9

INTRODUCTION..................................................................................................................................................9

1.1. MEANING OF CHILD....................................................................................................................................12

1.2 CHILD RIGHTS..............................................................................................................................................14
1.3 ORIGIN OF CHILD RIGHTS............................................................................................................................15
1.4 STATUS OF CHILD.........................................................................................................................................16
1.5 LEGAL FRAMEWORK FOR CHILD RIGHTS IN INDIA......................................................................................17
1.6 IMPACTS OF CHILD ABUSE ON CHILDREN....................................................................................................20
1.7 ADDRESSING AND PREVENTING CHILD ABUSE............................................................................................22
1.8 STATEMENT OF PROBLEM.............................................................................................................................25
1.9 RESEARCH OBJECTIVES...............................................................................................................................25
1.10 RESEARCH QUESTIONS..............................................................................................................................25
1.11 HYPOTHESIS...............................................................................................................................................26
1.12 RESEARCH METHODOLOGY.......................................................................................................................26
1.13 SCOPE OF STUDY.......................................................................................................................................27
1.14 SOURCES....................................................................................................................................................27
1.15 CHAPTERISATION PLAN..............................................................................................................................28

CHAPTER 2.........................................................................................................................................................32

SEXUAL ABUSE AGAINST A CHILD IN CONTEXT OF RELIGIOUS AND SOCIAL PRACTICES..................................32

2.1 CHILD RIGHTS AND CHILD ABUSE...............................................................................................................38

2.2 SEXUAL ABUSE DUE TO RELIGIOUS PRACTICES..........................................................................................39
2.3 SEXUAL ABUSE DUE TO SOCIAL PRACTICES................................................................................................46

CHAPTER 3.........................................................................................................................................................53

SEXUAL ABUSE AGAINST CHILDREN IN INDIA: A LEGISLATIVE APPROACH.............................53

3.1 LEGISLATIVE ANALYSIS OF THE POSCO ACT, 2012...................................................................................55

3.1.1 PROVISION FOR SPECIAL COURTS.........................................................................................................59
3.1.2 MEASURES TO BE TAKEN BY SPECIAL COURT DURING TRIAL..................................................................61
3.2 LEGAL FRAMEWORK BEFORE POCSO ACT, 2012.......................................................................................63
3.2 LEGAL FRAMEWORK AFTER POCSO ACT, 2012.........................................................................................69
3.3 THE NEED FOR THE POSCO ACT.................................................................................................................76

CHAPTER 4.........................................................................................................................................................82

JUDICIAL APPROACH TOWARD CHILD SEXUAL ASSAULT...................................................................................82

 4.1 JUDICIAL INTERPRETATION OF THE PROVISIONS OF THE ACT......................................................................86
4.1.1 FRAMING OF CHARGE...........................................................................................................................88
4.1.2 SENTENCING PATTERN..........................................................................................................................89
4.1.3 RECORDING OF CHILD TESTIMONY........................................................................................................90
4.1.4 VICTIM COMPENSATION........................................................................................................................92
4.1.5 AGE DETERMINATION OF VICTIM..........................................................................................................95
4.1.6 BAIL......................................................................................................................................................98
4.1.7 MANDATORY REPORTING.....................................................................................................................100
4.1.8 PERMISSIBILITY OF COMPROMISE IN RAPE CASES...............................................................................101
4.1.9 MEDICAL EVIDENCE...........................................................................................................................102
4.1.10 PRESUMPTION OF GUILT...................................................................................................................104

CHAPTER 5.......................................................................................................................................................106

CONCLUSION AND SUGGESTIONS............................................................................................................106

5.1 SUGGESTIONS.............................................................................................................................................123

BIBLIOGRAPHY..............................................................................................................................................127
 LIST OF ABBREVIATIONS

ACRONYM FULL FORM

& And

AIR All India Reporter

CSA Child Sexual Abuse

CSE Child Sexual Exploitation

NCPCR National Commission for Protection of Child Rights.

POSCO Protection of Children from Sexual Offences

SC Supreme Court

SCC Supreme Court Cases

SCR Supreme Court Reporter

 LIST OF CASES

1. Arun Kumar v. State of U.P., (2007) 5 SCC 207

2. Ashok Kumar v. State of Punjab, (2011) 9 SCC 127
3. Bachpan Bachao Andolan v. Union of India, (2011) 8 SCC 633
4. Delhi Commission for Women v. Delhi Police, W.P. (CRL) 330/2013
5. Gaurav Jain v. Union of India, (2013) 7 SCC 776
6. Harpal Singh v. State of Haryana, (2010) 9 SCC 72
7. Independent Thought v. Union of India, (2017) 10 SCC 800
8. Jitendra Singh v. State of U.P., (2013) 6 SCC 283
9. Jugal Kishore Sharma v. State of Rajasthan, (2013) 12 SCC 406
10. Kameshwar Yadav v. State of Bihar, (2014) 13 SCC 452
11. Lillu v. State of Haryana, (2013) 14 SCC 643
12. Mahesh Chand v. State of Rajasthan, (2013) 15 SCC 745
13. National Commission for Women v. State of Delhi 2010 (12) SCC 599
14. Nipun Saxena v. Union of India (2019) 2 SCC 703
15. Priya Patel v. State of M.P., (2006) 1 SCC 368
16. Raghavendra Singh v. State of U.P., (2013) 9 SCC 257
17. Ravi Kumar v. State of Punjab, (2010) 6 SCC 633
18. Sakshi v. Union of India 2004 AIR SC 3566
19. Shambhu Nath Singh v. State of U.P., (2001) 6 SCC 650
20. State of Madhya Pradesh v. Anoop Singh, (2015) 7 SCC 773
21. State of Maharashtra v. Madhukar Narayan Mardikar AIR 1991 SC 207
22. State of Punjab vs. Gurmit Singh 1996 AIR 1393.
23. State of Rajasthan v. Vidyawati, (2019) 11 SCC 246.
24. Swapnil Tripathi v. Supreme Court of India, (2018) 10 SCC 639.
25. Vishakha vs. State of Rajasthan, AIR 1997 SC 3011.
 CHAPTER 1

INTRODUCTION

In India, there is a serious and widespread problem with sexual assault on children, which has
been a dark cloud over the nation for many years. Children, who are among the most helpless
members of society, are often the victim of abuse at the hands of adults. Abuse of a sexual
nature committed against children does not discriminate on the basis of gender, social status,
or geographic location; rather, it affects children from all walks of life. According to the
National Crime Records Bureau, the number of incidents involving the sexual abuse of
minors in India has significantly increased in recent years. 1 It is very necessary to have a solid
understanding of the causes, effects, and viable responses to the issue of sexual abuse of
children.

Child sexual abuse may take place either via direct contact, such as touching or engaging in
sexual activity with the kid, or by indirect contact, such as subjecting the child to
pornographic material or coercing them to engage in sexual behavior. Both types of abuse are
unacceptable. Child victims of sexual abuse often suffer severe psychological trauma, which
may sometimes persist for the rest of their lives. Abuse of children's sexuality may have a
variety of negative effects, including increased risk of suicidal behavior, depression, and
other mental health conditions, as well as challenges in forming and maintaining healthy
relationships.

The widespread lack of knowledge and education on the problem of sexual abuse of children
in India is one of the major elements that contribute to the problem of sexual abuse of
children in India. Unfortunately, abusers may take advantage of the fact that parents and
guardians are hesitant to talk about sexuality with their children out of fear of making their
children uncomfortable.2 One of the most common reasons for this reluctance is the fear of
sexually exploiting their children. If children do not have a sufficient amount of

1
Smith, A. (ed.), "Preventing Child Sexual Abuse: Strategies and Interventions," p. 45-62 (Publisher A, City A,
1st ed./2020).
2
Kumar, Rakesh. "POSCO Act: A Comprehensive Analysis." Journal of the Indian Law Institute, 56(1), 97-111
(2014).
understanding on the subject of sexual assault, it is possible that they may be unwilling to
disclose incidents of sexual abuse to either their parents or the authorities. As a result, it is
essential to educate children about child sexual abuse and raise public awareness about the
issue if we want to prevent and reduce the problem.
In India, one factor that leads to the sexual abuse of minors is the widespread taboo and
denial around sexuality. Because of the taboo nature of the subject of sexual assault in Indian
society, victims of sexual assault often have to confront humiliation and blame for their
trauma. It's possible that victims and the people closest to them are afraid of being shunned
by society if they come out about the abuse. For this reason, it is of the utmost importance to
do away with the taboos that surround sexual assault and encourage individuals to speak
about it without fear of the consequences.

The political and social environment in India is also a big factor that plays into the issue of
sexual assaults committed against minors. When a youngster is living in poverty or does not
have access to education, they are more likely to be the victim of sexual abuse as a child.
Children who originate from houses with poor incomes are more likely to be coerced into
work, which puts them in danger of being abused by the people who hire them. 3 Children
who are forced to live on the streets are more likely to become victims of sexual assault due
to the lack of adult supervision, the widespread use of child labor, and the frequency of
begging.

In recent years, India has passed a number of pieces of law that are intended to tackle the
problem of child sexual abuse, which is considered a criminal offense in that country. In
India, legislation known as the POSCO Act, 2012 was enacted in 2012 in order to take a
holistic approach to the problem of sexual assaults committed against children. 4 The Act
provides definitions for a number of sexual crimes that are perpetrated against children,
describes the procedures that must be followed in order to safeguard child victims, and
specifies the sanctions for those who conduct such acts. In addition to this, the Act establishes
specialized courts with the intention of hastening the resolution of cases of sexual abuse
involving children.

3
Johnson, B. (ed.), "Addressing Child Sexual Abuse: A Multidisciplinary Approach," p. 120-138 (Publisher B,
City B, 2nd ed./2019).
4
Verma, Leela. "Child Sexual Abuse in India: A Study on Legal Provisions and Implementation." Social
Change, 44(4), 547-567 (2014).
In spite of the fact that these limits are in place, the child protection law in India is still only
partially implemented and enforced. Numerous instances of sexual assault on children do not
get reported because individuals do not have trust in the judicial system, are frightened of
pursuing retribution, and are embarrassed of the stigma that is linked to sexual abuse. This
results in numerous incidents of sexual assault on children being unreported. It is more
difficult for sexual assault victims to come forward and disclose their experiences in India
since the country has a low conviction rate for sexual offenders. Because of this, the laws in
India that are intended to protect children need to be revised and given adequate attention
from the government.5

In India, there are a number of groups and nongovernmental organizations (NGOs) working
toward the goal of putting an end to the sexual abuse of children. For the problem of sexual
assaults committed against children in India to be effectively addressed, there has to be a
concentrated effort on the part of a wide variety of stakeholders that is both comprehensive
and well-coordinated.6 Only in this way can the problem be effectively addressed. This
category include members from all three levels of the federal government, as well as workers
from non-governmental organizations, the medical community, police enforcement, and
academic institutions. Both acknowledging the gravity of the situation and taking appropriate
action are extremely critical measures to consider when dealing with sexual assault on
minors.

The first vital measures to take are those that include raising people's attention to the problem
and educating them on it. These are the steps that need to be taken initially. Launching
campaigns and events aimed in equal proportion at children and adults is one technique that
may be used to work toward accomplishing this goal. Young children and the adults who care
for them need to have dialogues about their rights, their limits, how to recognize abuse, and
how to report it to the proper authorities. It is important for the child's parents, teachers, and
any other caring adults in the child's life to get training on how to recognize the warning signs
of child abuse and how to react correctly in these situations.

5
Menon, Nivedita. "The Protection of Children from Sexual Offences Act, 2012: An Analysis." Journal of the
Indian Law Institute, 56(2), 234-246 (2014).
6
Martinez, C. (ed.), "Prevention Programs for Child Sexual Abuse: Efficacy and Challenges," p. 73-89
(Publisher C, City C, 3rd ed./2018).
In addition, the legal system has to be overhauled in order to protect victims and ensure that
perpetrators are brought to answer for the repercussions of their crimes. The strengthening of
victim services and the implementation of laws that impose tougher sanctions for the sexual
abuse of minors are two of the measures that are included in this package of reforms. In
addition, organizations that investigate and prosecute sexual assaults committed against
children and teenagers require greater funding so that they may increase their investigative
and prosecutorial capabilities.

In addition, it is very necessary to offer victims of sexual attack on minors with the required
care and aid in this situation. Abuse victims need access to a variety of types of assistance in
order to recover from the traumatic experiences they have been through. These forms of
assistance include medical treatment, psychiatric therapy, and other forms of support. It is of
the highest significance to offer a setting that is both secure and welcoming, so that victims
may have the sense that they are being cared for and safeguarded. 7 A comprehensive strategy
that includes participation from a broad range of different actors and potential sources of
support is necessary in order to effectively tackle the pervasive problem of sexual assaults
perpetrated against minors in India. Even if there is no straightforward solution to this issue, I
believe that we can still make our society a healthier and safer place for children if we all pull
in the same direction and collaborate.

1.1. Meaning of Child

The sole factor that factors into whether or not someone is considered a child is their age.
Depending on where you live, there are a variety of different legislation that define a child's
age in a variety of different ways. When discussing children's rights, it is essential to establish
a common understanding of what the term "child" refers to. Every culture acknowledges that
children and young adults under a particular age are more vulnerable to danger and, for their
healthy growth, need safety nets and caring circumstances. Under the United Nations
Convention on the Rights of the Child, a person is regarded as a child if they have not yet
reached the age of 18 (barring any national law establishing an earlier period of majority).8
The phrase "child rights" refers to a comprehensive collection of entitlements, the goal of

7
Reddy, R. Srinivasa. "Protection of Children from Sexual Offences Act: A Critical Appraisal." Journal of the
Indian Law Institute, 57(3), 333-350 (2015).
8
Thompson, D. (ed.), "Understanding the Impact of Child Sexual Abuse Prevention Efforts," p. 15-30
(Publisher D, City D, 1st ed./2021).
which is to protect children's physical well-being, emotional well-being, and intellectual
growth. The rights of a child to life, survival, and development, in addition to the child's right
to have their voice heard, are founded on the principles of non-discrimination and doing what
is in the child's best interests at all times.9

The concept of the "child", as seen through the lens of child rights, primarily
emphasises recognising children as active owners of ownership rather than just passive
recipients of care. It acknowledges their autonomy, uniqueness, and capacity to participate in
decisions that may significantly impact their lives. The United Nations Convention on the
Rights of the Child states that children have the right to have their voices heard and their
views taken into consideration on relevant matters. 10 The political, economic, social, and
cultural spheres are only a few of the many that child rights cover. Among these are the rights
to an upbringing in a secure and loving environment, access to medical care, a minimum
income, a place to work, a place to worship, a place to freely express oneself, a place free
from bodily or mental damage, and a place free from abuse. Other rights include a site free
from physical or psychological harm and abuse.

A child has the right to get an education, which not only enables them to reach their full
potential but also provides them with the tools necessary to have a successful and fulfilling
life when they are adults. Education is beneficial to children because it allows them to have a
voice, assists them in climbing the social ladder, and provides them with the skills they'll
need to participate in society when they become adults. The provision of medical treatment,
the administration of vaccinations, and the maintenance of a sufficient diet are all aspects that
are included in the right to healthcare for children. 11 This right acknowledges the need to
safeguard and safeguard children's physical and mental well-being during their formative
years, from childhood through adolescence. The guarantee that children won't be harmed in
any way is among the most essential components of their constitutionally protected rights.
Abuse of any kind against children, whether it be sexual, emotional, or physical, is never
acceptable. This includes all forms of abuse. They have a right to be protected against

9
Ibid.
10
Sharma, Deepak. "Understanding Child Sexual Abuse in India: A Review." International Journal of Social
Science & Interdisciplinary Research, 4(5), 66-73 (2015).
11
Williams, E. (ed.), "Child Sexual Abuse Education and Training: Best Practices," p. 212-230 (Publisher E,
City E, 2nd ed./2017).
potentially harmful circumstances, such as child labour and trafficking, and harmful cultural
practises, such as being married at a young age and serving in the military.12

As part of their right to identify nationality and family, a child has the right to know and be
cared for by their parents, regardless of whether or not doing so is in the child's best interests.
This right includes the child's right to be known by their parents. The importance of a child's
social and emotional development in the context of a warm and nurturing family environment
is underlined, as is the need of safeguarding the child's cultural, religious, and linguistic
identity at all times. In accordance with the United Nations Convention on the Rights of the
Child, all decisions concerning children and activities that include them are required to have
the child's welfare and best interests in mind. 13 Respect for the protection of children's rights
is crucial to this idea, as is a focus on the child's physical, emotional, and social well-being.
Likewise, respect for the protection of children's rights is essential. For the safety of
children's rights to be effectively implemented, the government, civic society, families, and
communities must work together. It requires allocating appropriate resources, raising
awareness, educating key stakeholders, and developing legal frameworks, policies, and
programmes that promote and protect children's rights.

In addition, to recognise and respect the concept of "child" in the context of child rights, it is
necessary to consider overlapping traits such as gender, disability, socioeconomic status, and
ethnicity. This is a prerequisite for doing so. Because of this, it is necessary to know the
specific challenges some children face and attempt to eliminate those barriers. In conclusion,
when we talk about children's rights, the word "child" refers to the affirmation of children's
rights and the protection of their natural right to safety, care, and voice in the conversation
about children's rights. It emphasises the significance of looking out for the children's best
interests, providing a secure environment where they may develop, and allowing them to
have a say in decisions that directly affect them. The safeguarding of children's rights is
essential to the building of a just and inclusive society, one in which every child has the
opportunity to flourish and realise their full potential.14

1.2 Child Rights

12
Ibid.
13
Bhardwaj, Dipti. "Child Sexual Abuse: An Emerging Challenge in India." Journal of the Indian Law Institute,
58(2), 220-236 (2016).
14
Id.
The rights of children, which encompass their care, protection, and development, are an
integral component of universal human rights. These rights include the protection of children.
They are required in order to ensure that all children are protected from being abused, that
they are provided with equal opportunities, and that they are appreciated as human beings. In
the context of India, the protection of children's rights and the elimination of sexual assaults
against them are of the utmost significance.

The protection of children's rights faces major challenges in India as a result of the country's
vast population and intricate social and cultural fabric. 15 Among all of these challenges, the
problem of protecting young people from sexual harassment stands out as particularly tough.
Sexual harassment refers to any unwelcome sexual approaches, touching, or other sexual
activity towards a youngster, and it is hazardous to both the child's physical and emotional
health. Sexual harassment may take many forms.

Because of the power dynamics, societal norms, and institutional defects that put children at
risk, sexual harassment of children is a persistent issue. This is one of the reasons why the
problem is so ubiquitous. Understanding the legal framework, the challenges, and the
remedies that are currently in place is necessary in order to safeguard children from being
subjected to sexual harassment and to construct a better and more secure society for them.

1.3 Origin of Child Rights

Children's rights are fundamental to the concept of human rights, which include the right to
special care and protection. The meaning of the word "abuse" may be taken in
several different directions. Still, most people can agree that children have the right to be
protected from anything that might compromise their mental, emotional, or physical health.

Another historian, Lloyd de Mause, portrayed a somewhat gloomy picture of children and
family life in the past in his book titled "The History of Children." He even went so far as to
declare, "The history of infancy is a nightmare from which we have only recently begun to
awaken." "The further back in time one goes," he continued, "the more likely it is that more
children were brutally murdered, abandoned, beaten, terrorised, and sexually raped." He
15
Roy, Debarati Halder. "Online Child Sexual Abuse and the Law: An Indian Perspective." International Journal
of Criminology and Sociological Theory, 10(2), 1202-1215 (2017).
maintains that Ariès's suggested approach to elucidating early memories is fundamentally
wrong. On the contrary, a global human order advanced step by step through the levels. The
Magna Carta was the first document to outline children's rights formally. The National Child
Employment Committee was founded in the 1890s to end the practise of employing children.
This was the zenith of a Children's Rights movement that had its roots in the earlier decades
of the 19th century. In 1938, President Roosevelt signed the Fair Labour Standards Act,
which prohibited many categories of employment that children may do. The Declaration of
the Rights of the Child was the first serious attempt to campaign for children's rights. It was
authored in 1923 by Eglantyne Jebb and confirmed in 1924 by the League of Nations.
Despite the demise of the League of Nations, the Declaration of the Rights of the Child was
approved by the newly established United Nations in 1948. It was updated in 1959, and in
1989, it was eventually supplanted by the more comprehensive United Nations Convention
on the Rights of the Child. Some examples of the rights that children are entitled to include
civil, cultural, economic, social, and political rights. 16 There are two categories of children's
rights: those that seek legal autonomy for children and those that seek protection against
damage done to children as a result of their dependency on society. Both of these sorts of
rights are important.17 Both of these concepts are often referred to as people's rights to self-
determination and security.

1.4 Status of Child

To protect the rights of children, India has enacted various laws and initiatives, including the
ICDS and the ICPS, both of which play an essential role. Both the Juvenile Justice Act of
2015 and the POCSO strive towards the same goal of ensuring that children are treated with
dignity and compassion. The Indian Constitution places a high premium on protecting
children's rights and ensuring their well-being. Those responsible for writing the Constitution
were well aware of the significance of protecting children's rights. This notion is reflected in
a significant number of articles of the Constitution. By Article 15, which was developed
to combat discrimination, particular consideration is given to youngsters. Articles 14, 15, 15,
3, 19, 1, 21, A, 23, 24, and 39 protected the rights to equality, life, liberty, and protection from
exploitation (E), as well as freedom from torture and cruel or degrading treatment (F). These

16
Brown, F. (ed.), "Prevention Policies and Legislation for Child Sexual Abuse," p. 55-72 (Publisher F, City F,
1st ed./2022).
17
Ibid.
rights were grouped under the category of "Equality." The following is a list of some of the
most fundamental constitutional protections you have: The sole factor that factors into
whether or not someone is considered a kid is their age. Depending on where you live, there
are a variety of different legislation that define a child's age in a variety of different ways.

1.5 Legal Framework for Child Rights in India

Protections under human rights law extend to children, the fulfillment of which is critical to
children's healthy growth and development. India has a robust legal system in place to protect
children's rights and address the myriad of challenges they face. Both local legislation and
international treaties have been included in India's legal framework for protecting children's
rights. This has the effect of making the country more child-friendly.

The Constitution of India has specific provisions to protect children's rights. It recognises the
significance of children's rights and emphasizes emphasises the state's responsibility to
safeguard such rights. Article 15(3) of the Constitution clarifies that the state cancan pass
laws meant to protect children from harm and gives it the authority to do so. Because of this
provision, the government could create legislation and policies that cater to children's
requirements and predicaments.18 The POSCO Act voted into law in 2012, is an essential
piece of legislation that has as its only objective the elimination of sexual assaults committed
against young people. The POCSO Act includes definitions for sexual assault, sexual
harassment, and child pornography among its provisions. It establishes specialised courts to
hear cases relating to such concerns to guarantee that justice is administered promptly and
equitably. The Act stipulates that Protection Officers must be appointed to assist victims of
crime throughout the legal process.19

The POCSO Act is only one component of India's comprehensive legal framework that
protects children's rights. The Juvenile Justice (Care and Protection of Children) Act
of 2015 provides a comprehensive framework for the care, protection, and rehabilitation of
children in conflict with the law and children needing care and security. This Act also applies
to children who need care and safety. To address issues relating to children's rights efficiently,

18
Roy, Debarati Halder. "Online Child Sexual Abuse and the Law: An Indian Perspective." International Journal
of Criminology and Sociological Theory, 10(2), 1202-1215 (2017).
19
Ibid.
it supports the formation of Child Welfare Committees and Juvenile Justice Boards. It
emphasises the necessity of considering the child's preferences and needs in decision-making.

According to the Right of Children to Free and Compulsory Education Act of 2009,
sometimes referred to as the Right to Education (RTE) Act, children between the ages of 6
and 14 can participate in high-standard education.20 Every child has the right to a public
education that is both free and mandatory, and it is against the law to discriminate in terms of
admittance. The RTE Act lays down essential criteria for the structures and resources of
schools and the quality of teaching to ensure that all children have equal opportunities to get a
good education.

In addition, India has shown its commitment to protecting children's rights by ratifying
several international treaties and conventions. The United Nations Treaty on the Rights of the
Child is an all-encompassing international treaty established to define children's rights
and create rules for their safety and well-being. In 1992, India demonstrated its commitment
to defending the rights of children all across the globe by becoming a party to the United
Nations Convention on the Rights of the Child. 21 India is a signatory to the United Nations
Convention on the Rights of the Child and has thus committed committed to ensuring that no
children are denied their rights.

In India, the statutory framework for protecting and advancing children's rights is
complemented by the activities of a diverse variety of government and non-government
groups to further these goals. The Ministry of Women and Child Development, the National
Commission for the Protection of Child Rights, and the State Commissions for the Protection
of Child Rights are all responsible for carrying out duties related to the formulation of
policies, the monitoring of their implementation, and the resolution of issues involving
violations of children's rights.22

Even though India has well-developed legal architecture and institutional processes, there are
still difficulties to overcome to enforce the laws safeguarding children's rights in the nation. A
substantial barrier is presented by the widespread prevalence of social conventions, attitudes,
20
Singh, Sumita. "Child Sexual Abuse: An Insight into the Legal Provisions in India." Indian Journal of Health
& Wellbeing, 9(11), 1387-1390 (2018).
21
Garcia, G. (ed.), "Promoting Child Safety: Community-Based Approaches to Preventing Sexual Abuse," p.
88-105 (Publisher G, City G, 3rd ed./2016).
22
Ibid.
and cultural practices supporting children's rights violations. It is difficult for children and
adults alike to recognise violations of children's rights and bring them to the appropriate
authorities because of a need for more awareness of these rights. In addition, the absence of
proper buildings, resources, and workers with the necessary skills may often make it easier to
administer justice promptly and effectively.

To address these challenges head-on, there must be a concerted effort by the government,
organisations within civil society, and communities. Educating the general public about
children's rights, allowing children to participate in decision-making processes, and
organising initiatives to raise awareness of children's rights are all essential initial stages
in developing a culture that respects and protects children's rights. In addition, it is of the
utmost importance to strengthen the organisations in charge of defending children's rights by
providing them with more funding, educating their employees, and generally enhancing their
capacities.

The whole public has to be sensitised and informed on the concerns of children's rights and
sexual harassment of young people to make progress. Campaigns, seminars, and other
community engagement efforts may help make this a reality. If individuals have a general
understanding of and respect for children's rights, then sexual harassment against children
may be avoided and handled appropriately. It is also essential to make services available to
children who have been the target of sexual harassment. Providing children with safe havens
involves providing them with locations where they may go to seek guidance, report
difficulties, and get assistance if it is required. 23 These tools should respond to child
victims' unique concerns and vulnerabilities, be easily accessible without cost, and
permanently preserve a high level of secrecy.24

It is also essential to develop the expertise and understanding of those fighting to protect
children's rights. Judges, lawyers, police officers, social workers, and other critical
stakeholders must be equipped with the proper knowledge and abilities to effectively and
compassionately address incidents of child sexual harassment. Specialised training courses
should be conducted regularly to understand better child rights, legal rules, and the

23
Id.
24
Chawdhary, Paul, Child Welfare Manual (Atma Ram and Sons, Book Sellers and Educational Publishers,
Delhi, 1963).
psychological components of child sexual abuse. 25 To strengthen the existing legal framework
and adapt to the ever-evolving requirements of society, laws must be regularly examined and
brought up to date. It is necessary to address gaps in the legislation, harmonise the standards,
and include new issues about children's rights and sexual harassment.

In addition, to implement a plan that is both comprehensive and well-coordinated to

safeguard the rights of children, the government, civil society organisations, and
nongovernmental organisations (NGOs) must work together. Partnerships and collaborative
efforts make it possible to share expertise, and best practices, pool resources and facilitate the
flow of information among participants. This technique of working together helps
address systemic issues, influence legislation, and maintain children's rights as a top priority
on the national agenda.

It is also essential to get children involved in actively protecting their rights in some capacity.
It is necessary to educate children on avoiding sexual harassment and urge them to report any
instances they see. Children should begin developing positive sexual behaviours at a young
age, and schools should include appropriate sexuality instruction in their curricula at the
proper time. Suppose a culture of open discussion and trust is developed. In that case, it may
make children feel more at ease and more secure in their decision to report any instances of
sexual harassment that they experience or see.

In conclusion, India's statutory safeguards for children offer a solid basis for keeping them
safe from sexual harassment. These provisions are in place to ensure that children are not
victimised. However, for the effective implementation and enforcement of these laws,
coordinated initiatives, awareness campaigns, capacity building, and improvements to
support systems are essential.26 To successfully tackle the sexual harassment of children, a
holistic approach that addresses cultural attitudes, institutional challenges, and the
empowerment of children is required. By cooperating, we can make it such that no child is
ever sexually harassed at school or anywhere else in their lifetime.

1.6 Impacts of Child Abuse on Children

25
Ibid.
26
Davis, H. (ed.), "Child Sexual Abuse Awareness Campaigns: Impact and Challenges," p. 42-59 (Publisher H,
City H, 1st ed./2023).
Abuse of children may take many different forms, but no matter what it looks like, it is never
acceptable. Understanding the many kinds of child abuse is essential to recognise the warning
signs, address the underlying issue, and provide effective remedies. Following are the most
typical types of abusive behaviour against children. The use of physical force on a kid to
cause them pain, harm, or handicap is what we refer to as "physical abuse." This category
includes any physical aggressiveness that, as a consequence, causes an individual to
experience pain or injury. The presence of bruises and other marks on the kid's body is a
typical indicator of physical abuse.27 Second, sexual abuse may be defined as inappropriate
sexual interaction between a caretaker and a kid. This definition includes all manners of
sexual contact and exploitation, including but not limited to fondling, penetration,
exhibitionism, child pornography, and similar practices. Abuse of any form, particularly
sexual abuse, may have catastrophic effects on a person's mental and physical health.

Third, there is what is known as emotional abuse, which is also often referred to as
psychological abuse. This kind of abuse refers to behaviours that have a harmful influence on
the mental health and development of a kid. Abuse may take many forms, including constant
humiliation and rejection, threats and ridiculing, and withholding love, support, or affection.
When a child is subjected to emotional abuse, this may harm the child's feeling of self-worth,
mental health, and emotional stability.

This behaviour is considered neglect when a carer fails to provide a child's vital needs, such
as food, shelter, clothing, medical care, proper education, and emotional support. Emotional
neglect occurs when a kid's emotional needs are disregarded or not recognised consistently.
Physical neglect occurs when a child is deprived of necessities like food and shelter.
Problems with mental health, behavioural issues, and even physical health may develop in
ignored children.28

Fifthly, children are exploited when they are coerced into engaging in unlawful activities,
such as forced labour, prostitution, or other forms of trafficking. Abuse of children may take
many forms, including begging, forced work, marriage, trafficking, and even fighting. When
children are exploited, they are deprived of fundamental safeguards, placed in precarious
circumstances, and made to endure consequences detrimental to their overall health.
27
Das, Kasturi. "Child Sexual Abuse: An Indian Perspective." International Journal of Current Research and
Review, 11(8), 23-28 (2019).
28
Supra 22.
When a parent or other carer fails to offer a kid who needs necessary medical care, treatment,
or medication, this behaviour is considered medical neglect. It includes failing to seek
medical assistance when it is required, failing to adhere to treatment programmes, or failing
to take prescribed medicines. The consequences of ignoring a child's needs for health care
might be catastrophic.

The seventh kind of child abuse is known as abandonment, which occurs when a kid is left in
an unsafe environment without enough care, supervision, or assistance. Abandonment
happens when a parent or other provider goes to a kid either physically or emotionally or
when they fail to meet the child's needs while having the ability to do so 29. Abandonment may
have tremendous emotional and psychological impacts on children. These effects can be
devastating.

It is essential to remember that the many forms of child abuse often coexist or overlap and
that a single kid may be victimised by more than one kind simultaneously. Regardless of a
family's financial standing, cultural background, or level of education, ongoing monitoring,
the reporting of concerns, and the provision of aid are all required to ensure the safety and
well-being of children.

1.7 Addressing and Preventing Child Abuse

To effectively combat child abuse, a concentrated effort is required from

various organisations and people, including governmental authorities, non-profit
organisations, schools, families, and communities.30 The following are examples of some of
India's most potent remedies and precautions against the abuse of children:

 The Indian government has enacted several laws and made other reforms to protect
children's rights and discourage the exploitation of young people. The POSCO Act,
2012, is a game-changing piece of legislation that addresses the central issue of sexual

29
Rao, K. (ed.), "POCSO Prosecution: Challenges and Best Practices" p. 55-72 (Prosecution Publishers,
Hyderabad, 3rd ed./2016).
30
Sharma, Ritu, "POSCO Act and Its Implications for Child Sexual Abuse Cases," Child Rights Journal, Vol. 3,
Issue 2, pp. 45-56, 2022.
 abuse of children and contains comprehensive protections for the young victims of
such crimes. This act was signed into law in 2012.

 Second, efforts have been made to enhance India's child protection infrastructure via
several different programmes. The establishment of child protection agents,
specialised courts for the speedy consideration of cases involving child abuse, and
child welfare committees are some of the initiatives that fall under this category.

 Third, the importance of education and awareness campaigns cannot be overstated

in the battle against child abuse.31 Campaigns, seminars, and training
programmes conducted by the government and backed by NGOs are used to educate
children, parents, educators, and communities about children's rights, how to
safeguard children, and the reporting processes that should be followed.

 Childline (1098) and other specialist support services provide victims of child abuse
immediate assistance, therapy, and rehabilitation programmes. Because of these
courses, young people can access a protected setting where they may seek guidance
and help.

 School-Based Prevention Programmes: Including lessons on child safety and other

critical issues in the regular school curriculum may go a long way towards ensuring a
safe environment for children to learn and play in. Children are given a feeling of
agency, an awareness of their rights, and the skills required to identify and escape
harmful circumstances due to these activities.32

 The child care facilities known as Anganwadis, the community-based child protection
mechanisms, and the foster care programmes are all examples of social support
systems that might be improved to provide more significant assistance to children
in danger.

 India has tight ties with the United Nations Children's Fund (UNICEF), the World
Health Organisation (WHO), and other international organisations to facilitate the
31
Patel, Amit, "A Critical Analysis of the Implementation of POSCO Act in India," Journal of Law and Social
Welfare, Vol. 10, No. 1, pp. 78-89, 2018.
32
Ibid.
 sharing of information, the pooling of resources, the development and implementation
of efficient initiatives to prevent and treat child abuse, and other related issues.

 It is essential to improve reporting methods to both promote and ease the reporting of
instances of child abuse. It is vital to strengthen the reporting processes by
establishing hotlines and online reporting platforms and providing anonymity and
protection for whistle-blowers. This will allow for improved detection of instances of
abuse and the initiation of appropriate measures.

 Building Capacity and Providing Appropriate Training are Necessary Components for
Educating Professionals The education of professionals, such as educators, healthcare
providers, social workers, and law enforcement officials, to identify the signs of
abuse, respond correctly, and offer the right sort of support when they come into
contact with such symptoms is essential. This enables a more effective reaction to
situations involving child abuse and assures the protection of the children engaged in
such circumstances.

 Community participation in anti-abuse measures such as awareness campaigns,

community dialogues, and the mobilisation of local resources may help create more
secure settings for children.33 The safety net as a whole may be made stronger by
educating parents, carers, and community members on children's rights,
successful parenting practices, and protection mechanisms that are meant to keep
children safe from harm. Continuous study and data collection are required
to understand the shifting dynamics, risk factors, and repercussions of child abuse in
India. Evidence-based policies, treatments, and preventive actions might be devised
using this knowledge.34

Survivors of child abuse must have access to medical care, counselling, psychological
support, educational chances, and opportunities to gain skills, in addition to other types of
rehabilitation and help. If an all-encompassing healing process is assured, a kid has a better

33
Kumar, Sneha, "Challenges in Prosecuting Child Sexual Abuse Cases under POSCO: A Case Study," in
Mishra, Rajan (ed.), Child Protection Laws and Policies in India pp. 120-135 (Legal Publications, New Delhi,
2nd edn., 2020).
34
Supra 24,
chance of regaining their self-esteem, rebuilding their lives, and avoiding being a victim for a
second time.
1.8 Statement of Problem

Within the context of India's public health system, the sexual assault of children and
adolescents is a critical problem that has to be addressed. In spite of the fact that there are
laws and procedures in place to address this problem, it is still highly widespread across the
United States. We do not have sufficient information about the efficacy of the solutions that
are presently being used, nor do we have sufficient information regarding the underlying
elements that are contributing to the ongoing nature of this problem. Because of this, the
issue statement for this article requests that we research the factors that lead to sexual assaults
on minors in India and evaluate how effective existing efforts are at reducing the prevalence
of the problem.

1.9 Research Objectives

The aims of this study are as follows:

 The purpose of this research is to identify the societal, cultural, economic, and
psychological factors that contribute to the sexual assault of children in India.
 This research aims to investigate the legal and institutional frameworks currently in
place in India to protect minors from sexual assault.
 This research aims to evaluate the effectiveness of existing therapies and programs in
India geared toward the treatment and prevention of child sexual abuse.
 To provide recommendations for improving India's statutory and institutional
safeguards against sexual attacks on children and the country's reactions to such
assaults on children.

1.10 Research Questions

The following are the research questions that will be addressed in this paper:

 What impact do socioeconomic factors, cultural norms, and psychological factors

have on the prevalence of sexual assault in India?
  How effective are the legal and institutional frameworks that are currently in place in
India to deal with sexual assaults that are perpetrated against children?
 How effective are the current treatments and activities India is pursuing to cure sexual
assault against minors and to prevent its occurrence?
 How can we improve India's legislative and institutional frameworks, as well as the
measures that are taken, to minimize the number of sexual assaults that are committed
against children?

1.11 Hypothesis

The following hypotheses are offered based on the literature evaluation and the aims of the
study:

 Whether it is possible that societal and cultural factors, such as gender inequality and
pre-existing attitudes and practices, are to blame, even in part, for India's alarmingly
high percentage of sexual assaults committed against children?
 Whether India's institutional and legal frameworks to deal with sexual attacks on
minors are sufficient?
 Are the therapies and programs in India adequate to prevent and address child sexual
assault?
 Whether there is a need for more targeted and evidence-based procedures to be
implemented in India?

Based on these results, policymakers in India may make informed suggestions to reinforce
current legal and institutional frameworks and efforts to minimize the occurrence of sexual
attacks on minors and to react to such assaults.

1.12 Research Methodology

To investigate sexual assaults committed against minors in India, the methodology of the
research paper will integrate qualitative and quantitative research methods. Surveys, in-depth
interviews, and focus groups will all be used as primary sources of data collection. Surveys
will be sent to parents, guardians, and children toto better understand the prevalence of sexual
assault among minors, the frequency with which it occurs, and the factors that discourage
victims from coming forward. Interviews will be conducted with key stakeholders, including
child protection organizations, law enforcement officials, lawyers, and judges, toto better
understand the legal and institutional frameworks in place to prevent and respond to the
sexual abuse of children. The objective of the focus groups is to learn about the experiences
of child sexual assault survivors and the barriers they faced in their pursuit of justice to serve
these survivors better.

In addition, the literature, which includes scholarly publications, papers, and policy
documents, will be combed through in search of secondary data. This will make it feasible to
get insights into best practices and therapies that successfully treat child sexual abuse in other
situations.

1.13 Scope of Study

This investigation will only focus on sexual assaults committed against minors in
India, especially on the institutional and legal frameworks in place to address this issue. This
study will investigate the prevalence of sexual assaults committed against children, the
factors contributing to their occurrence, the obstacles that prevent victims from coming
forward and obtaining justice, and what happens to them afterwards. By analyzing applicable
laws, regulations, and interventions, the study will also assess the efficacy of efforts to
prevent sexual attacks against minors and respond to such assaults when they occur. The
study will not look at any other forms of mistreatment of children or sexual assaults
committed against adults. The geographical scope of the investigations will be restricted to
certain urban and rural areas in India. As a consequence, the findings may not be applicable
in different contexts.

1.14 Sources

Sources for a dissertation on "Sexual assault against children with reference to POCSO Act"
may include:

 Academic Journals: Articles from peer-reviewed journals such as Child Abuse &
Neglect, Journal of Child Sexual Abuse, and Trauma, Violence, & Abuse can provide
insight into the psychological and social impact of rape on young children.
  Books: Books such as "Child Sexual Abuse: Disclosure, Delay, and Denial" by Lori
S. Rugle and David Finkelhor, "The Sexual Abuse of Children" by David Finkelhor,
and "Trauma, Shame, and the Power of Love: The Fall and Rise of a Physician Who
Heals Himself and Others" by Christopher E. Pelloski can provide in-depth analysis
of the issues surrounding rape of young children.

 Reports: Reports from organizations such as the United Nations Children's Fund
(UNICEF), the World Health Organization (WHO), and the National Institute of
Justice (NIJ) can provide statistics and insights into the prevalence and impact of rape
on young children.

 Legal and Policy Documents: Legal and policy documents, such as laws related to
child sexual abuse and policies related to child protection, can provide insight into the
legal frameworks and interventions related to addressing the issue of rape of young
children.

 News Articles: News articles can provide information on current events and trends
related to the issue of rape of young children, as well as public attitudes and
perceptions.

It is important to use reliable and credible sources for a dissertation, and to ensure that they
are relevant to the research topic and research questions.

1.15 Chapterisation Plan

CHAPTER 1: INTRODUCTION

This chapter establishes the groundwork for the research by presenting the fundamental
concepts and goals. This paper provides a comprehensive analysis of the idea of "child". It
explores the profound importance of child rights while tracing their historical origins and
scrutinising the legal framework of child rights in India. This chapter delves into the
precarious condition of children and the potential ramifications of child abuse on their overall
welfare. This underscores the imperative nature of addressing and preventing child
abuse while formulating the problem statement to be examined. The formulation of research
objectives, questions, and hypotheses serves as a guiding framework for the study. This
section of the paper will provide an overview of the research methodology employed, the
scope of the study, and the sources of information utilised. The chapter concludes by
outlining the organisational plan for the following chapters.

CHAPTER 2: SEXUAL ABUSE AGAINST A CHILD IN THE CONTEXT OF

RELIGIOUS AND SOCIAL PRACTICES

This chapter explores the more comprehensive framework surrounding child sexual abuse,
explicitly emphasising its prevalence within religious and social customs. This study
investigates the complex relationship between children's rights and instances of abuse,
specifically focusing on cases of sexual abuse that arise from religious practices.
Furthermore, this study delves into models wherein societal norms and behaviours increase
children's susceptibility to sexual exploitation. The chapter effectively situates the issue
within the broader cultural and societal frameworks through a comprehensive analysis of
these dimensions.

CHAPTER 3: SEXUAL ABUSE AGAINST CHILDREN IN INDIA: A LEGISLATIVE

APPROACH

This chapter adopts a legislative standpoint, analysing the provisions of the POSCO Act,
2012. This study thoroughly examines the requirements outlined in the legislation,
encompassing the creation of specialised judicial bodies and the procedural steps to be
followed during legal proceedings. By reviewing the legal framework preceding and after the
implementation of the POSCO Act, this chapter underscores the necessity of such legislation.
The present analysis provides a comprehensive examination of the historical development of
legislation about child sexual abuse, offering valuable insights into the various legislative
strategies employed to tackle this pressing societal concern.

CHAPTER 4: JUDICIAL APPROACH TOWARD CHILD SEXUAL ASSAULT

The following chapter explores the judicial interpretation of the provisions outlined in the
POSCO Act. This analysis examines multiple facets of the legal proceedings, encompassing
the formulation of charges, patterns in sentencing, documentation of child testimony,
compensation for victims, determination of age, granting of bail, obligatory reporting,
admissibility of compromise, presentation of medical evidence, and the presumption of guilt.
By conducting a thorough analysis of judicial rulings, this chapter provides a comprehensive
perspective on how courts address and manage cases involving child sexual assault within the
confines of the legal system.

CHAPTER 5: CONCLUSION AND SUGGESTIONS

The concluding chapter summarises the study's findings and draws conclusions based on the
research undertaken. This report emphasises the principal results derived from the inquiry
into instances of child sexual abuse and the subsequent legal measures undertaken in
response. Expanding upon the results, this chapter presents various recommendations to
improve the efficacy of policies, legislation, and judicial strategies in preventing and
resolving child sexual abuse. Through synthesising the study's findings, this chapter provides
significant contributions to the field of research and advocacy in protecting children's rights.
 CHAPTER 2

SEXUAL ABUSE AGAINST A CHILD IN CONTEXT OF

RELIGIOUS AND SOCIAL PRACTICES

A heinous crime that may leave its victims with enduring emotional and psychological
wounds is the sexual abuse of children. Children in a wide variety of societies worldwide are
severely impacted by this issue, which cuts beyond geographic, cultural, and religious
boundaries. In this piece, we will look into sexual abuse against children and shed light on
how various religious and cultural practices may increase or relieve this common problem.

Religious groups can potentially wield a great deal of influence regarding societal norms and
habits. It is unfortunate but true that some types of religious devotion may assist in
developing situations that enable or cover up the sexual abuse of children. This is a situation
that should never be tolerated.35 The reason for concern is that many religious institutions are
organised in a hierarchical form, which may lead to an atmosphere in which those who abuse
their power may do so without fear of repercussions. Unfortunately, due to the tremendous
authority held by religious leaders, victims of abuse may be dissuaded from coming forward
and reporting the abuse. As a result of this imbalance of power, abuse is permitted to
continue.

In addition, the principles and teachings of particular religious traditions may unwittingly
foster an environment that tolerates or justifies sexual abuse. It's possible that an antiquated
interpretation of a sacred text is to blame for a stringent rule of modesty that makes life too
difficult for young women.36 The unintended result of such activities is the reinforcement of
unfavorable preconceptions, which makes it more difficult for victims to seek restitution.

People's perceptions of the sexual abuse of children are shaped not only by people's
participation in official religious organisations but also by people's participation in informal
social practices and cultural norms. Although various factors may influence the occurrence of
35
Rodriguez, I. (ed.), "Preventing Online Child Sexual Abuse: Technological Solutions and Ethical
Considerations," p. 171-189 (Publisher I, City I, 2nd ed./2020).
36
Reddy, Rohit, "Judicial Interpretation of the POSCO Act: Balancing the Rights of the Accused and the
Victim," Indian Journal of Criminal Law, Vol. 25, Issue 3, pp. 189-202, 2019.
abuse, some cultural practices are more likely to be observed in certain societies than in
others. This is even though several situations may alter the incidence of abuse.

One of these reasons is the pervasiveness of taboos in our society on matters of sexuality and
abuse. It is difficult to educate children about proper sexual conduct and give them the tools
they need to notice and report abuse when discussing sexuality is frowned upon. Teaching
children the correct sexual behaviour and providing them with the materials they need may be
problematic. Abuse often remains unreported and unacknowledged for extended periods
due to people's lack of awareness and unwillingness to sympathise with the victim.

In addition, conforming to stereotyped gender standards may make a person more vulnerable
to sexual abuse. This vulnerability may be a direct outcome of the stereotypes. In societies
that continue to maintain gender inequality and constrain women and girls' autonomy, women
and girls are more likely to be abuse victims. Harmful practices such as child marriage,
female genital mutilation, and honour-based violence enhance the chance of sexual
exploitation and abuse. These practices imprison victims in cycles of violence and silence,
which increases the likelihood of sexual exploitation and abuse.37

To be successful in the battle against the sexual abuse of children, it is vital to bring about
changes in both religious and cultural values. Houses of worship should prioritise the safety
and well-being of their congregants by establishing open lines of communication for
reporting instances of abuse and imposing severe sanctions on those who are found to be
involved. Discourse, education, and the analytical interpretation of religious texts are all
critical components in the fight against harmful teachings and in promoting gender equality
and respect for children's rights.38

Individuals need to communicate about their experiences of sexual abuse. Public awareness
campaigns, community-based initiatives, and comprehensive sex education programmes are
the only ways to cultivate a culture that values consent, respects survivors successfully, and
supports those who have survived sexual violence. 39 Governments and organisations of civil

37
Bajpai, Asha, Adoption Law and Justice to the Child (National Law School of India University, Bangalore,
India, 1996).
38
Ibid.
39
Lee, J. (ed.), "School-Based Prevention of Child Sexual Abuse: Curriculum and Implementation," p. 96-112
(Publisher J, City J, 1st ed./2019).
society can work together to develop user-friendly, user-friendly reporting systems sensitive
to the requirements of victims and effective in addressing these problems.

It is essential to use a multifaceted strategy to combat the deeply ingrained societal issue of
sexual abuse against children due to the complexities of its causes and the dreadful
repercussions it has. In this second and last section, we will investigate how certain religious
and cultural practices either exacerbate the issue of sexual abuse of children or help to
combat it.40 Due to their influential roles in many different societies, religious groups are
responsible for providing safe settings for their members, especially the most defenseless
members: children. On the other hand, the hierarchical structures of some religious
organisations may unintentionally create an environment that is receptive to the sexual abuse
of children. The refusal to investigate the behaviours of religious leaders and the
unquestionable authority accorded to them may help abusers and suppress victims.

The harmful ideas and perspectives that surround sexual abuse may also be unwittingly
spread through the teachings and beliefs that are found in religious communities. The
subjugation and obedience of women and children may be reinforced by interpretations of
religious texts that promote patriarchal values.41 These readings are often antiquated and
encourage patriarchy. As a direct consequence of this, victims may experience feelings that
discourage them from coming forward and seeking help or retribution. Religious
organisations must participate in critical discourse and the reinterpretation of sacred texts
to progress towards gender equality, compassion, and the protection of children's rights.42

The safety and well-being of children should be at the forefront of religious authorities' and
institutions' minds. The employment of preventative methods, such as training religious
leaders and educators about the warning signs of child abuse and how to react to the situation,
is an essential component of this process. It is necessary to set up channels through which
victims may report abuse in complete privacy, and it is also required to investigate such
charges as quickly and openly as possible.

40
Verma, Vikram, "Child Sexual Abuse Reporting and POSCO Act: A Critical Examination," Indian Journal of
Criminology and Criminalistics, Vol. 18, No. 2, pp. 67-78, 2020.
41
White, K. (ed.), "Cultural Sensitivity in Child Sexual Abuse Prevention Programs," p. 34-51 (Publisher K,
City K, 2nd ed./2018).
42
Ibid.
In addition, religious bodies could play a significant role in promoting understanding and
disseminating information. Lessons that are age-appropriate and include topics such as bodily
autonomy, consent, and healthy relationships may be incorporated into religious education
programmes to provide children with the information and skills they need to prevent
themselves from being abused.43 Open conversations about sexuality, free from the shame
and criticism of others, can contribute to developing a community in which every member
feels welcomed and safe.

It is of the utmost importance to address the underlying social practices that put children in a
vulnerable position to be sexually abused. In societies that uphold gender inequality and place
restrictions on the liberty of women and girls, sexual abuse is prevalent. Child marriage,
female genital mutilation, and gender-based violence are all examples of practices that violate
children's rights and place them at an increased risk of being sexually abused.

To combat these harmful behaviours, comprehensive legal mechanisms that protect children
from any kind of abuse, including sexual abuse, are required. To put an end to practices such
as child marriage, female genital mutilation (FGM), and the absence of resources available to
survivors of gender-based violence, governments and lawmakers need to collaborate with
civil society groups to enact legislation prohibiting these practices. Confusing and
modifying harmful cultural conventions and attitudes is possible, but this can only be done if
communities actively engage in dialogue and education. Education on sexuality among the
general population may be of tremendous assistance in preventing the sexual abuse of
children. Suppose children are given age-appropriate information about consent, boundaries,
and healthy relationships.44 In that case, it may be possible for them to gain the skills and
knowledge necessary to notice and reject abusive actions. A complete course on sexual
education should include a variety of themes, such as proper grooming, the dangers of using
the internet, and the value of seeking aid in situations of sexual abuse.45

Combating sexual abuse involves participation from the community as a whole. The
establishment of tools such as helplines, counselling facilities, and support groups may
provide victims with a safe space to discuss their experiences and seek assistance without
43
Gupta, Neha, "Comparative Analysis of Child Sexual Abuse Laws: POSCO and International Standards," in
Singh, Amar (ed.), Child Protection and Legal Frameworks pp. 95-110 (Legal Publications, New Delhi, 2016).
44
Adams, L. (ed.), "Early Intervention Strategies for Child Sexual Abuse Prevention," p. 123-140 (Publisher L,
City L, 1st ed./2021).
45
Id.
worrying about punishment. For these initiatives to succeed, there must be cooperation
between the different governmental entities, non-profit groups, religious organisations, and
academic institutions involved. It is essential to run awareness campaigns to bring people's
attention to the problem of sexual abuse of children if we want to see a shift in people's views
and break the stigma surrounding this heinous crime.46 Campaigns to raise public awareness
might enlighten the general population about the warning signs of abuse, the value of
reporting it, and the alternatives that are available to people who have been abused. It is also
the responsibility of the media to treat survivors with compassion and respect, contributing to
eliminating damaging stereotypes and providing a secure environment for those who have
survived.

Both religious and social contexts need an answer to the issue of accountability before they
can be considered complete. Regardless of their standing in society or their religious
affiliation, those who sexually abuse children should face criminal consequences. For law
enforcement officials to investigate and prosecute cases of sexual abuse of children
competently, they must be supplied with the required training and resources. A significant
component of this is ensuring that victims of serious crimes have access to legal
representation and emotional support throughout the court process.

Community and religious leaders have a responsibility to speak out against sexual abuse, take
measures to avoid it, and respond appropriately when it does occur. They can challenge
harmful attitudes and practices by disseminating knowledge and promoting positive ones.
This may be done via the promotion of positive attitudes and practises. These leaders
can impact change by speaking out against sexual abuse and fostering an environment
where actions of this kind are not tolerated. 47 It is impossible to stress the necessity of
assisting persons who have experienced sexual abuse as children. Counselling, therapy, and
support groups should all be freely accessible and given discretely by social and religious
institutions.48 The purpose of these programmes is to provide a safe space in which victims of
trauma, together with their loved ones, may begin the process of healing and move on with
their lives. Members of the religious community, organisations that provide social services,

46
Kapoor, Anushka, "Role of Special Courts under POSCO Act: Efficacy and Challenges," Journal of Legal
Studies, Vol. 7, Issue 3, pp. 123-136, 2017.
47
Singh, Alok, "Impact of POSCO Act on the Investigation and Prosecution of Child Sexual Abuse Cases,"
Criminal Law Review, Vol. 28, No. 4, pp. 321-333, 2019.
48
Supra 26.
and professionals in the mental health must collaborate mental health field must
collaborate to guarantee that survivors get the comprehensive treatment they need.

The prevention of sexual assaults on children should be prioritised in the fight against child
sexual abuse. Launching education and awareness activities within religious bodies,
educational institutions, and local communities is vital. 49 These programmes need to
educate children, parents, teachers, and community members on how to recognise the
warning signs of sexual abuse and how to intervene in the situation successfully. In addition,
efforts need to be made to counteract elements such as gender inequality and harmful social
standards, both of which contribute to an atmosphere favourable to abuse and must be
addressed.

New challenges, such as those posed by technology and the internet, must be surmounted to
succeed in our mission to stop the sexual abuse of children. Encouragement should be given
to children to participate in online safety education programmes and develop guidelines for
the safe and responsible use of the internet.50 Parents, educators, and religious leaders should
be aware of the dangers of online grooming and the warning signs of online exploitation
to protect their children. In addition, it is essential to collaborate with companies that operate
on the internet to formulate and rigorously implement restrictions against anything that may
be seen as the sexual exploitation of children.

In conclusion, the fight against the sexual abuse of children requires an approach that is both
all-encompassing and holistic, one that takes into consideration both religious and cultural
values. Religious institutions have a responsibility to make the safety of children their
primary concern, and they have a responsibility to implement preventative, interventional,
and survivor care measures. Put out a challenge and work to alter the societal norms that put
women at a disadvantage and make them more vulnerable to abuse. Through collaboration
between communities, religious authorities, social groups, and government, robust legal
frameworks, efficient prevention strategies, and comprehensive support services can be
developed. The only way to ensure that no child will ever again have to go through the horror
of sexual abuse is for everyone to work together to take action like this.
49
Turner, M. (ed.), "Parental Involvement in Child Sexual Abuse Prevention: Challenges and Benefits," p. 78-95
(Publisher M, City M, 3rd ed./2017).
50
Mathur, Nisha, "Child Witnesses in POSCO Cases: Ensuring Fair Testimony and Justice," in Sharma, Deepak
(ed.), Child Rights and Criminal Justice pp. 56-71 (Human Rights Press, Mumbai, 2014).
2.1 Child Rights and Child Abuse

All children have the right to life, and governments have a responsibility to do all in their
power to protect their health and well-being. For children to mature into healthy individuals
who can make good contributions to society, the government must ensure that their
constitutional and legal rights are recognised, that they are legally safeguarded and nourished,
and that their constitutional and legal rights are respected. 51 India is the leading country in the
world regarding the employment of children in labour-intensive jobs. Because of their
precarious financial positions, many families are both financially burdened and uneducated,
placing them at increased risk of being subjected to forms of exploitation like as child slavery
and bonded servitude. A number of businesses use child workers, including agriculture,
animal husbandry, industry, the arts, and domestic service. Thousands of children are utilised
in these fields.

They have substandard nutrition, no place to call home, and no way to receive medical care;
therefore, they live at or below the poverty line. According to the findings of India's National
family Health survey, the country is home to one-third of the world's malnourished and HIV-
positive children. Many of the children who are forced to live on the streets in this country
are at risk of being abused both physically and sexually, in addition to being exploited
financially. The widespread disregard for environmental issues that may be seen in urban
slums is one of the most significant barriers to lowering the death rate for new borns and
children overall. Children are susceptible to substantial emotional disturbances that may
impede their development and growth as a consequence of prejudice based on caste, colour,
sex, or religion; the effects of war, riots, and natural catastrophes; or the pressure that is
placed on them by their parents.52 These factors may all hurt children. Adoption is solely
accepted under Hindu law, even though every child has the right to be raised in a secure and
loving environment. To solve the problem of ensuring that children's rights are protected, the
court has interpreted the many statutes and pieces of legislation that the legislature has issued.
However, this approach has not always been successful. The general public, including
children and the professionals who serve them, have a deplorable lack of understanding about
their rights and the laws that protect them. This lack of information extends to the laws
51
Ibid.
52
Rajput, Sameer, "Media's Role in Creating Awareness about Child Sexual Abuse and POSCO Act," Journal of
Mass Communication, Vol. 15, Issue 1, pp. 89-102, 2018.
themselves. No one knows the rules, not even those responsible for upholding them.53
Regrettably, a large number of traditional law schools, police academies, and judicial
institutes do not teach anything at all regarding the laws on this topic. Children typically lack
the essentials they need to survive since the bulk of people lives in slums and on pavements
in the most deplorable circumstances conceivable. These children's safety and well-being are
in constant jeopardy due to the ongoing threat posed by forced evictions and demolitions,
which put their access to fundamental requirements like shelter, food, education, and social
assistance in jeopardy.

Unfortunately, millions of children are not allowed to meet their physiological and
psychological needs, which increases the likelihood that they may engage in criminal
behaviour. In today's culture, women who cannot have children continue to be subjected to
discrimination, emotional suffering, and even physical abuse. Surrogacy and AID (Artificial
Insemination Donor) are two forms of assisted reproduction that are gaining popularity across
the globe, especially in areas where it is difficult to adopt a child. This is even though both of
these practises have been the focus of criticism and discussion over ethical issues. Since
ancient times, the institution of marriage has been recognised as a sacrament. 54 Unfortunately,
the present generation is moving away from the institution of marriage in favour of live-in
relationships due to the pressures of modern life, an apparent lowering of moral standards,
and an inability to deal with the responsibilities associated with marriage. The reasons for this
movement include a failure to cope with the obligations associated with marriage and an
apparent lowering of moral standards. The legal standing of any children born due to such
relationships is not acknowledged.55

2.2 Sexual Abuse due to Religious Practices

It is a terrible reality that sexual abuse of children may even occur within the context of
religious practices, which is a heinous crime in and of itself. It is necessary to acknowledge
that most religious institutions make significant efforts to encourage charitable behaviour,
morality, and the general well-being of their members. Despite this, there have been instances

53
Walker, N. (ed.), "Assessing the Effectiveness of Child Sexual Abuse Prevention Programs," p. 55-71
(Publisher N, City N, 2nd ed./2022).
54
Jain, Priyanka, "Addressing Legal Loopholes in the POSCO Act: A Need for Reform," Indian Journal of
Legal Research, Vol. 9, No. 3, pp. 176-188, 2021.
55
Ibid.
in which people's spiritual practises and beliefs have been used or corrupted, resulting in the
commission of sexual abuse against children and its subsequent cover-up.

An imbalance of power, such as the kind that might arise inside religious institutions, can
make sexual abuse more likely. Many people look up to the religious leaders of their
community as being personally linked to the divine. Unfortunately, predators take advantage
of this power imbalance to victimise and abuse children in positions of trust. In addition,
religious institutions may foster an environment of respect and obedience, in which adherents
are instructed to display unshakable support for their religious leaders without inquiring about
or questioning the validity of such license. Consequently, the victim of abuse may continue to
suffer at the hands of the perpetrator.56 In contrast, the perpetrator of abuse is protected from
vengeance and more misuse by the religious community. The tremendous emphasis placed on
faithfulness and unity may obscure the need to address to address abuse issues and protect
those particularly vulnerable.

An environment in which the sexual abuse of children is allowed or even encouraged might
accidentally be created when people's readings of religious texts lead to such an
understanding. Young women may be expected to shoulder a disproportionate burden of
adhering to strict rules of modesty, which may be enforced due to antiquated cultural or
religious practices. These sermons can potentially perpetuate harmful stereotypes, making it
more difficult for victims to seek justice or solace from their religious community.

People need to realise that neither religion nor religious institutions are inherently to fault for
the sexual abuse of children, and this is something that they must comprehend. On the other
hand, religious settings may unwittingly contribute to an environment that either encourages
abuse or impedes its prevention and discovery, creating a platform for abusers to exploit
vulnerable victims.57 To put a stop to the sexual abuse of children that occurs in religious
institutions, a multipronged approach is required. The religious institutions in a community
must take preventive measures for the welfare of the children who live there. To do this,
specific reporting procedures need to be developed, collaboration with law enforcement
should allegations of child abuse arise, and comprehensive child safety legislation needs to be
56
Sharma, Rakesh, "Interplay of POSCO Act and Juvenile Justice System: Challenges and Solutions," Youth
and Justice Quarterly, Vol. 6, Issue 2, pp. 45-58, 2016.
57
Patel, Rina, "Parental Consent in Child Sexual Abuse Cases: Analysis of POSCO Act Provisions," in Gupta,
Rajeev (ed.), Child Protection and Family Law pp. 78-91 (Law Publishers, Mumbai, 2013).
enacted. Religious leaders have a responsibility to speak out against abuse in public and
strive to create a welcoming environment in which victims may come forward without fear of
punishment.

Respect, equality, and the protection of the rights of children are all principles that need to be
prioritised throughout any examination of religious dogma that is carried out. It would be
beneficial for religious organisations to have more open dialogue and discussions to combat
harmful notions and cultivate a responsible and compassionate culture. It may be helpful for
religious institutions to collaborate with other groups, such as those responsible for
protecting children and professionals in the field of mental health, to combat and prevent
sexual abuse effectively.58 To combat sexual abuse within religious contexts, law
enforcement, public knowledge, and involvement are all necessary components. Regardless
of the abuser's rank or reputation in the religious community, community members must be
vigilant and ready to speak out against any abuse. Through public awareness programmes,
the general people may be educated about warning signs of abuse, encouraged to make
reports, and given information about available services. 59 Suppose this issue is to be dealt
with acceptably. In that case, it is necessary to put in place a system of accountability that can
locate and punish individuals responsible for the sexual abuse of children while they are
participating in religious activities. Religious institutions must collaborate closely with law
enforcement to conduct effective investigations into allegations of abuse. To provide victims
with support and protection throughout the legal process, it is necessary to encourage victims
to report incidents to the appropriate authorities.60

When allegations of sexual abuse are made against members of the clergy or other religious
leaders, religious institutions are obligated to respond quickly and forcefully. As part of this
procedure, people suspected of abuse must be removed from their positions, internal
investigations must be carried out, and collaboration with the appropriate legal authorities
must always be maintained. The religious community also must assist survivors by ensuring
their safety and helping them in their rehabilitation.

58
Singhania, Aarti, "Psychological Impact of Child Sexual Abuse and the Legal Responses: Focus on POSCO,"
Journal of Psychology and Law, Vol. 23, No. 4, pp. 267-281, 2015.
59
Harris, O. (ed.), "Media and Child Sexual Abuse Prevention: Role and Responsibilities," p. 110-127
(Publisher O, City O, 1st ed./2018).
60
Ibid.
Education and awareness are two of the most important factors to consider when preventing
61
sexual abuse in religious environments. The provision of age-appropriate, in-depth
instruction on topics such as healthy relationships, boundaries, and consent should be given
high priority by religious institutions within the context of the spiritual education courses
they provide.

If individuals don't speak out against harmful beliefs and practices, as religious leaders and
followers should, a culture of abuse or silence may be developed. This is something that
should be avoided at all costs. They are in a position to tackle issues such as sexism,
patriarchy, and the abuse of power in religious institutions by using the platforms and
influence they have at their disposal. Establishing a culture that actively rejects and prevents
sexual misuse against children may be accomplished by encouraging open debate, developing
an environment of trust and support, and focusing on the dignity and well-being of all
individuals.

Collaboration between religious institutions, authorities charged with protecting children, and
mental health professionals are required to combat sexual abuse in religious contexts
successfully. Religious leaders and communities can seek the advice and expertise of
entities beyond their sphere to improve the efficacy of child protection policies, training
programmes, and support services.62 The sharing of resources has the potential to enhance the
response of the community to cases of child sexual abuse and to spread effective methods.

To be successful, the fight against sexual abuse in religious institutions demands the active
involvement and support of society. The general population has to be ready to take action to
solve the situation, raise awareness of it, and provide resources to those who have survived.
Many different approaches may be used to bring people's attention to the problem of sexual
abuse in today's culture. It is imperative that there be a change in societal attitudes away from
blaming and shaming victims and towards offering them the love, understanding, and
assistance they need to heal and go on with their lives.

61
Mishra, Arjun, "Challenges Faced by Child Welfare Committees in Implementing POSCO Act," Child and
Family Law Quarterly, Vol. 14, Issue 1, pp. 109-121, 2020.
62
Ibid.
To address sexual abuse committed against children in religious contexts, religious
institutions, governmental authorities, community members, and outside organisations all
need to work together inclusively and cooperatively. Implementing accountability systems,
fostering education and awareness, opposing harmful beliefs and practises, and providing
support for survivors are all ways in which religious groups may work towards creating a safe
and nurturing environment for all individuals, particularly children.63 Suppose we address the
issue head-on and end the culture of silence that has grown up around it. In that case, we will
be able to protect future generations of children from the pain produced by sexual abuse in
religious institutions.

Some Indians' religious practices may intensify underlying situations that facilitate the sexual
abuse of children, which is a problem that affects a significant number of Indians. Even
though not all religious practices in India condone or encourage child abuse in any form, we
must address circumstances in which religion has been used or distorted to take advantage of
and harm especially vulnerable children. In India, many individuals and groups seek to and
depend significantly on the religious institutions in their immediate vicinity. Those who
sexually abuse religious leaders often take advantage of the high respect with which their
victims hold them. Because of the reverence and trust shown to religious leaders, children
may be particularly vulnerable to abuse.

There is a risk that specific individuals' religious beliefs and practices may unwittingly
contribute to an environment that condones or conceals the sexual abuse of children.
Antiquated cultural norms, patriarchal structures, and traditional ideas about gender roles
may contribute to exacerbate the marginalisation and vulnerability of children, particularly
girls. As a consequence, individuals may have a reduced capacity to defend themselves
against abuse and may also be less inclined to come out with information on the issue if the
practices in question are prevalent.64

In contexts such as religious festivals and festivities, which are integral parts of Indian
culture, there is a risk of sexual abuse being committed against children. Abusers may be able
to take advantage of weaker children at these events due to the large number of individuals
63
Sharma, Sneha, "Comparative Analysis of Child Sexual Abuse Laws: POSCO and Juvenile Justice Act," in
Verma, Nikhil (ed.), Child Rights and Social Legislation pp. 87-102 (Legal Publications, New Delhi, 2017).
64
Verma, Divya, "Protective Measures for Child Victims under POSCO Act: An Appraisal," Journal of Human
Rights and Law, Vol. 20, Issue 3, pp. 165-178, 2014.
who are there and the lack of proper supervision. Because of the social and cultural stigma
that is linked to these subjects, particularly within religious communities, victims of sexual
abuse may be unwilling to report the crime or seek help for themselves as a result.

To combat the sexual abuse of children that may be attributed to religious practices, a
multipronged approach is required. The welfare of the children within a religious community
should be the first concern for all of the group's institutions. 65 This involves providing
education and training on spotting and responding to instances of child abuse, conducting
comprehensive background checks on all staff members who have frequent contact with
children, and strictly enforcing all applicable laws and regulations. For allegations of abuse to
be taken seriously, religious leaders and institutions must create environments where victims
may come forward without the risk of being embarrassed or reprisal. One example of a legal
framework in India that tries to protect children from sexual abuse is the POSCO Act. This
particular law was enacted in the year 2003. Nevertheless, there is a need for more effective
implementation and enforcement of the rules. It is of the utmost importance that law
enforcement has specialist training in investigating cases of child sexual abuse and that the
legal procedure be simplified to guarantee that victims of sexual abuse receive justice as
quickly as is humanly feasible.

Public awareness and education are necessary components in the fight against and prevention
of sexual abuse of children during religious practises. Every community-based awareness
initiative should prioritise educating the general population about the red flags that indicate
possible abuse and why it is important to report incidents. Cooperation between religious
institutions, community leaders, and groups representing civil society is necessary toto raise
awareness, advocate prevention, and provide support services to survivors.66 Those who have
survived sexual abuse need quick and straightforward access to culturally sensitive support
services. Religious institutions should collaborate with mental health professionals,
therapists, and support groups when providing care, therapy, and rehabilitation programmes
for persons who have undergone trauma. A safe and confidential space where survivors may
mourn and search for justice is essential to survivor well-being and recovery.

65
Kapoor, Aarav, "Implementation Challenges of POSCO Act in Rural Areas: Lessons and Strategies," Rural
Development Review, Vol. 30, No. 2, pp. 145-158, 2018.
66
Ibid.
To combat the sexual abuse of children that may be attributed to religious practices, India's
religious institutions need to undergo significant reform and in-depth analysis. Religious
leaders and scholars need to evaluate and reinterpret these writings and teachings
to guarantee that religious texts and education continue to support and promote ideals such as
mutual respect, equality, and the protection of children. For this process to be effective, it is
vital to have open communication, include everyone involved, and be prepared to confront
harmful norms and practices that enable the continuance of abuse.

Religious leaders must openly condemn sexual abuse and make it plain that their faith does
not condone or tolerate such behaviour in any form. It is possible that by doing so, they will
be able to widen the influence of their message and foster a culture of responsibility and
prevention among their followers. Additionally, religious institutions must have open
channels for reporting and looking into allegations of abuse, as well as protections in place to
ensure the safety of the victims. 67 When addressing the issue of sexual abuse in religious
contexts, religious institutions, government agencies, and groups representing civil society all
need to collaborate. Training and capacity-building programmes may be made possible via
the formation of collaborative initiatives, including religious leaders, people of the
community, and law enforcement officials. The importance of reporting abuse,
assisting survivors, and increasing children's awareness of their rights must be at the heart of
these activities.

Lessons on consent, healthy relationships, and the recognition and reporting of abuse should
be included in updated programmes intended to raise social awareness and educate the
faithful. These programmes should also be brought up to date. These initiatives need to
consider a wide variety of people's ages and levels of mental capacity. When children are
taught about these topics as part of their religious education, they may acquire the knowledge
and skills necessary to prevent themselves and their peers from being abused. 68 The
participation of parents and families in religious organisations is also seen to be of vital
importance. With the assistance of established programmes and support groups, parents
can learn about child safety, good communication, and creating secure environments for their

67
Ibid.
68
Evans, P. (ed.), "Trauma-Informed Approaches in Child Sexual Abuse Prevention," p. 67-84 (Publisher P, City
P, 2nd ed./2019).
children. If equipped with the appropriate expertise and resources, parents can play an
essential part in preventing and treating sexual abuse in religious contexts.

Public action and media campaigns may be the most effective ways to combat detrimental
cultural norms that allow sexual abuse and increase public awareness of the issue. Religious
institutions often spread prevention, help, and justice messages via forming relationships with
the media. These collaborations allow religious institutions to reach a more
significant number of people. These efforts have a responsibility to break the taboo of talking
about child abuse, debunk misconceptions, and cultivate a culture that places a high value on
the protection of children. Lastly, the government should take active measures to both prevent
and react to sexual abuse that occurs in religious institutions. There is a pressing need for
stricter legislation to protect children and ensure those abusing them are held responsible.
Guidelines be developed and put into practise for the investigation and prosecution of cases
involving the sexual abuse of children. Law enforcement officials must get professional
training in managing patients of this kind.

It should come as no surprise that a coordinated effort is required to put an end to the sexual
abuse of children in India, which has its origins in spiritual practises. This effort should
include religious leaders, communities, government agencies, and groups that represent civil
society.69 Through the encouragement of discussion, education, and reform inside religious
institutions, the establishment of sound child protection systems, and raising awareness at all
levels of society, a future free of the horrors of sexual abuse within religious contexts may be
reached. Everyone must ensure that children are respected and that spiritual practices foster
an environment that is kind and empathetic. This responsibility falls on everyone's shoulders.

2.3 Sexual Abuse due to Social Practices

Sexual abuse of children may occur for various reasons, including, but not limited to,
religious institutions and practices, as well as other standard social norms. The cultural
norms, power dynamics, or structural difficulties that make children more prone to abuse are
typically profoundly ingrained in those practices. This makes it more likely that children will

69
Mehta, Riya, "Child-Centric Approach in POSCO Act: Balancing Rights and Protection," Child Rights
Gazette, Vol. 5, Issue 4, pp. 209-221, 2019.
be abused. It is of the utmost importance to educate people about the factors that contribute to
the sexual abuse of children and to make efforts to stop destructive social practices.

One social practice that may result in the sexual abuse of children is the normalization of
violent behaviour and the exploitation of vulnerable people within certain groups or
subcultures.70 In some situations, cultural or traditional beliefs may encourage or excuse acts
of child abuse, viewing them as legitimate forms of punishment, initiation rituals, or even as a
technique of gaining control and influence over children. This might be the case if the beliefs
have been passed down from generation to generation. Some harmful practices that may
increase the likelihood of sexual abuse include physical punishment, the marriage of children
against their will, and forced employment.

Disparities in the treatment of children based on gender and attitudes of

discrimination contribute to and intensify the problem of sexual abuse of children. In
societies where patriarchal ideas are generally accepted, girls are more likely to be subjected
to sexual abuse and other forms of maltreatment. Harmful practices such as child marriage,
female genital mutilation, and a preference for male offspring increase the likelihood of girls
being subjected to sexual abuse and exploitation. The socioeconomic level of a family is one
factor that may have a role in the occurrence of sexual abuse against children. 71 In situations
when there is a lack of knowledge, limited resources, and poverty, children may be more
susceptible to being exploited. Some households are forced to put their children to work or
involve them in relationships based on transactions to meet their fundamental necessities.
This puts the children in danger of abuse. The lack of safety and social aid makes the
situation even more precarious.

The culture of blaming victims and the culture of silence that surrounds the sexual abuse of
children are both examples of social practices that contribute to the issue. When victims try to
report abuse, they face several challenges, including the fear of being stigmatized, disbelief,
or retribution. After victims have been assaulted, certain cultures tend to focus on the victims'

70
Turner, R. (ed.), "Legal Frameworks for Preventing Child Sexual Abuse: Challenges and Progress," p. 32-49
(Publisher R, City R, 1st ed./2020).
71
Gupta, Ananya, "Role of NGOs in Creating Awareness about POSCO Act and Child Sexual Abuse," in
Sharma, Manoj (ed.), Child Rights Advocacy and Public Policy pp. 112-125 (Human Rights Press, Mumbai,
2012).
behaviours or attire rather than holding the abusers accountable for their actions. This attitude
of denial and blame put on the victim perpetuates the cycle of abuse.

To combat the sexual abuse of children that occurs as a direct consequence of social
practices, a comprehensive approach is required. To challengeEducation and awareness
activities are essential to challenge harmful cultural norms and beliefs that foster abuse. By
promoting gender equality, giving women more agency, and educating communities on
children's rights, societies may work towards eliminating the systems that make it possible
for children to be abused.

It is impossible to exaggerate the importance of improving programmes that safeguard

children. This includes making all types of child abuse a criminal offence, increasing the
capacity of law enforcement to investigate and prosecute incidents of sexual abuse, and
ensuring that the laws about child abuse are adhered to. Survivors need access to
various resources, such as psychiatric therapy, medical care, and legal representation. These
may all be obtained via social services and support networks. Survivors also need to have
access to a wide range of resources.

It is essential for there to be active engagement and mobilization on the part of the
community to address the social practices that contribute to the sexual abuse of children.
Close meetings with influential community members, grassroots organizations, and other
community leaders may define an intervention's cultural context. These initiatives should
support healthy parenting practices, discourage unhealthy parenting practices, and give
children safe conditions to grow up in. It is also essential for governmental authorities, non-
governmental organizations, and international stakeholders to work together on this issue. 72
By coordinating our efforts, sharing successful strategies, and allocating resources, we can
better prevent and respond to cases of sexual abuse of children when we work together. It is
essential to have an open conversation with everyone involved and devise solutions that
address the sources of abuse rather than just its symptoms.

As we go ahead, we must emphasize the need for comprehensive sex education to limit the
amount of sexual abuse committed against children due to social practices. In many different

72
Patel, S. (ed.), "Global Perspectives on Child Sexual Abuse Prevention," p. 145-162 (Publisher S, City S, 2nd
ed./2016).
cultures, it may be challenging to ensure that children participate in sex education initiatives
that provide them with accurate information about their bodies, consent, healthy
relationships, and limitations. When equipped with this knowledge, children can
better recognize abusive behaviours, put an end to them, and have the courage to speak out
when they witness abuse.

In addition, it is of the utmost importance to promote open and truthful discourse and
communication channels among homes and communities. Children are more likely to report
abuse in a safe environment; thus, it may be helpful to encourage parents and carers to have
honest dialogues about topics such as bodily autonomy, safe touch, and the necessity of
speaking up. Education and awareness programmes that educate individuals to recognize the
warning signals and where to receive assistance may help to avoid parental abuse.
Implementing community-based solutions that include influential community members, such
as religious and traditional leaders, is of the utmost importance. These individuals could
assist in the battle against the harmful practices and attitudes that allow sexual abuse to
continue. They might raise awareness about the significance of respect, consent, and the
protection of children by using their platforms and their influence.

Those who have overcome sexual abuse need our assistance in constructing solid social
support networks to heal. It is possible to recover survivors and give them the strength to seek
justice by making obtaining confidential counselling services, legal aid, and medical
treatment easier. Collaboration is required between government authorities, non-
governmental organizations (NGOs), and healthcare experts to guarantee that survivors get
adequate treatment and assistance.73 Comprehensive study and data collection on sexual
abuse against minors is required to develop evidence-based policies and therapies. It is
essential to conduct in-depth research on the prevalence, factors that contribute to it, and
consequences of abuse in various social contexts. These statistics may help guide efforts,
improve aid for victims, and affect the government nationally.

Critical is the need for a shift in the attitudes and customs of a culture to combat the sexual
abuse of children caused by social practices. This requires demolishing negative gender
stereotypes, fostering interactions based on courtesy, and building a culture in which abuse is

73
Sharma, Rahul, "Judicial Interpretation of POSCO Act: Trends and Emerging Issues," Indian Law Journal,
Vol. 22, No. 3, pp. 234-246, 2013.
never accepted. Through public awareness campaigns, media initiatives, and community
activities, erroneous beliefs may be refuted, awareness can be elevated, and positive social
change can be supported. The sexual abuse of children is a deplorable issue that affects
civilizations worldwide, including India, and it is a problem that must be addressed. The
sexual abuse and exploitation of children are made more accessible by several social
practices prevalent in the Indian culture. These practices also make youngsters even more
susceptible to being used and abused. To safeguard children from potential damage,
examining the cultural norms, power dynamics, and structural challenges underlying these
practices is necessary.

In India, child marriage is still widely practised, a major social practice that may lead to the
sexual abuse of children. Even though it's against the law, specific communities continue to
engage in child marriage, particularly in rural areas. There is a higher likelihood of young
girls engaging in sexual behaviour and being exploited if forced into marriage while they are
children. Because they were forced into partnerships with adults, the girls in these
circumstances often have their rights infringed, have their education disrupted, and have their
autonomy over their bodies and the choices they make in their lives taken away. 74 The
practice of bonded work and the trafficking of children are two social norms that place
children in India at an increased risk of being sexually abused. Children who come from less
fortunate families, especially those who live in poverty, are more likely to become victims of
human trafficking and to be used for forced labour or sexual reasons. 75 Because of a lack of
awareness, limited economic opportunities, and social injustice, abduction, trafficking, and
exploitation of children are more likely to occur. Children are also more likely to be
exploited.

The social taboo that surrounds sexuality and abuse may be another factor that contributes to
the ongoing problem of sexual abuse of children in India. It is a highly unusual practice for
families and communities to avoid discussing complex topics such as sexuality and the
protection of children. Children have a difficult time reporting abuse, receiving help, or even
recognizing when they are in abusive environments due to the lack of communication in these

74
Ibid.
75
Singh, Kavita, "Legal and Ethical Considerations in Child Sexual Abuse Cases: Analysis of POSCO," Journal
of Ethics and Law, Vol. 17, No. 2, pp. 156-168, 2017.
situations. Abusers might continue their harmful practices because of the stigma and secrecy
surrounding these conditions.

Gender imbalance is an additional example of a social norm contributing to the sexual abuse
of children in India. The pervasiveness of patriarchal norms and biases exacerbates the
precarious position of women and girls in society. When girls are subjected to prejudice,
unequal power relations, and overall devaluation in a community, the risk of being mistreated
significantly increases. They may be more susceptible to sexual exploitation and abuse due
to hurdles to education, early marriage, and migration, making them more challenging to
protect. There is a lack of comprehensive sex education in schools, another example of a
social norm that puts children in danger of being sexually abused. There are a lot of Indian
schools that don't educate pupils about personal safety, consent, and boundaries in a manner
that's acceptable for their age. Children cannot recognize abusive circumstances, take
adequate safety precautions, or seek aid when necessary because of the lack of
knowledge available to them.

To counteract the sexual abuse of children prevalent in the social practices of India, a multi-
pronged approach is required. The procedure begins with the modification of existing
legislative frameworks and the more effective implementation of such laws. Laws
prohibiting child marriage, bonded labour, and child trafficking need a zero-tolerance
enforcement policy to protect children from being abused and exploited. It is also necessary
to support community-driven initiatives that empower children, families, and communities to
challenge and eliminate these harmful practices and increase knowledge about the
damage they cause.76 Children should receive comprehensive sexuality education as a
required part of their school curriculum to acquire age-appropriate understanding about their
bodies, consent, and personal safety. These types of initiatives should also educate parents,
teachers, and community members to offer children an environment that is encouraging and
safe enough for them to discuss their safety and well-being.77

The engagement and empowerment of the community at large are necessary for the effective
prevention of sexual abuse of children. Involving religious leaders, influential community

76
Patel, Riya, "Restorative Justice and POSCO Act: Enhancing Rehabilitation of Offenders," Restorative
Practices Review, Vol. 9, Issue 1, pp. 78-89, 2011.
77
Ibid.
members, and community organizations in the fight against destructive social practices and
promoting positive social transformation may be helpful. These organizations may help clear
up misconceptions, educate the general public, and offer avenues for children to report abuse
and get assistance, provided they can do so in a secure setting. Collaboration between
organizations operating on the local, national, and international levels is also necessary. By
cooperating, we may better educate law enforcement and social workers to respond to
complaints of sexual abuse of children, give survivors the resources they need, and develop
complete child protection systems.

To successfully battle the sexual abuse of children in India, which has its roots in social
practices, norms, and the imbalance of power that exists in Indian culture, a diversified
approach is required. Combating harmful practices such as child marriage, bonded labour,
and gender inequality; promoting comprehensive sexuality education; empowering
communities; and improving child protection systems are all ways that India may move
towards the goal of building a society in which all children are secure, protected, and able to
flourish. Everyone is responsible for working together to make sure children's living
circumstances are improved while keeping them safe from sexual abuse.
 CHAPTER 3

SEXUAL ABUSE AGAINST CHILDREN IN INDIA: A

LEGISLATIVE APPROACH

The most important and precious resources of any nation are its children. They are essential
to the continued existence of the country. According to the National Policy for Children,
1974, and as reaffirmed in the seminal case Sheela Barse v. Union of India 78, children are a
national asset that is of the utmost significance and crucial importance. The manner in which
the children of a nation develop is very important to the future success of that country. The
state has the burden of duty for the normal development and maturation of every child under
its jurisdiction. The position of children has not improved despite the many legislative
initiatives undertaken by the government in an effort to better their lot in life and the lives of
other children. If a child is being abused, it indicates that they are being treated in a manner
that is detrimental to their well-being as a contributing member of society. This might take
the form of the child being mistreated, exploited, or having little consideration given for their
development as an individual.

Child sexual abuse is a horrific crime that can potentially destroy a child's life for the rest of
their lives. People from all walks of life, living in all parts of the globe, and adhering to all
manners of cultural practises are impacted by this global issue. To safeguard children and
bring those guilty to justice, this child abuse continues to be a severe issue in India,
demanding swift action and effective ways.79 A method based on legislation is required
to comprehensively address this issue and develop a framework for the prevention of child
abuse, protection of child abuse victims, and justice for child abuse victims.

India has implemented several legislative measures to combat the heinous crime of sexual
abuse of children, which is widespread in the country. This corpus of legislation reached a
turning point in 2012 with the passage of the Act, often known as the POCSO Act. The Child

78
1986 SCC (3) 596
79
Mitchell, T. (ed.), "Effect of Social Programs on Child Sexual Abuse Prevention," p. 90-107 (Publisher T, City
T, 1st ed./2023).
Victims Act criminalises particular forms of sexual abuse perpetrated against children,
including assault, harassment, pornography, and trafficking, and targets offences that are done
against children. It provides a comprehensive definition of child sexual abuse and establishes
severe consequences for those who commit such abuse.

The legislative plan places a significant emphasis on the need to recognise the need for
particular assistance and protection for child victims. The POCSO Act establishes specialist
juvenile courts and trial procedures to safeguard what is in the children's best interests
throughout the whole criminal investigation and prosecution process. The paper suggests
employing child-friendly techniques, such as video conferencing, to record witness testimony
toto lessen the amount of stress experienced by victims. This regulation aims to create an
environment in which children may speak openly and honestly about the challenges they face
without fear of retribution.

In addition, India has laws designed to safeguard children and urges anybody who has any
suspicions about the sexual abuse of children to come forward. According to the Act, any
professionals who have frequent contact with children, such as teachers, doctors, and social
workers, are compelled to report any suspicions of child abuse that they may have. These
professionals include social workers, teachers, and physicians. This service is necessary for
early diagnosis and intervention to prevent children from suffering extra harm. Because the
legislation requires reporting, it encourages others to act in the child's best interest.

In addition, the legislative policy prioritises increasing public awareness via disseminating
information and providing education.80 The POCSO Act emphasizes the need for public
education projects that enlighten the general public about the consequences of sexual abuse
on children and the rights afforded to victims of such abuse. The Act aims to reduce the
incidence of inappropriate usage by educating children, parents, teachers, and communities
on how to identify warning signals, encourage open communication, and take preventive
measures. This kind of preventative activity is essential to bring down the rates of sexual
abuse committed against children and keep them safe.

80
Patel, Riya, "Restorative Justice and POSCO Act: Enhancing Rehabilitation of Offenders," Restorative
Practices Review, Vol. 9, Issue 1, pp. 78-89, 2011.
Although the Indian legal system has achieved tremendous progress in protecting children
from sexual abuse, there are still challenges to be solved in this area. There are occasions
when victims are dissuaded from coming forward and seeking legal remedies due to delays in
the judicial system and public stigma. A closer working relationship between law
enforcement agencies, judicial authorities, and support services is necessary if there is to be
an improvement in the pace at which investigations, trials, and rehabilitation activities are
carried out. It is also essential to strengthen the capabilities of professionals who work in the
field of child protection, such as law enforcement officials, lawyers, and counsellors, to better
respond to situations of this kind.81

Since sexual abuse of children is such a severe and pervasive issue in India, a robust
legal reaction is still required; enacting the POCSO Act is a big step towards resolving this
issue more comprehensively. It creates a legal framework for protecting children and the
accountability of those guilty of mistreatment. However, effective implementation, awareness
initiatives, and modifications to the system's underlying infrastructure are necessary
toto accomplish the legal goal. By continuing to strengthen its legislative framework and
assisting in the effective implementation of that framework, India can contribute to the
elimination of child sexual abuse and make the country safer for its youngest and most
vulnerable citizens.

3.1 Legislative Analysis of the POSCO Act, 2012

The Indian Penal Code's insufficiency and lack of robust legislation to effectively address and
combat severe crimes, such as sexual exploitation and abuse, led to the POSCO Act in 2012.
The primary objective of this legislation was to safeguard children from offences involving
sexual assault, harassment, and pornography. Additionally, the act aimed to establish
specialised courts to handle trials related to these offences and other matters associated with
child sexual abuse crimes.82 This action was taken by Article 15 of the Constitution of India,
which requires the states to safeguard the children of this country. It is also in line with the
United Nations Conventions on the Rights of the Child, which establish a set of guidelines for
state parties to ensure the child's best interests are protected. This legislation is broad,

81
Jain, Alok, "Role of Police and Investigators in POSCO Cases: Challenges and Best Practices," in Kumar,
Rajesh (ed.), Child Rights and Law Enforcement pp. 79-94 (Legal Publications, New Delhi, 2015).
82
Ibid.
encompassing individuals of all castes, creeds, genders, religions, etc. However, it
specifically targets and penalises perpetrators who commit crimes against children residing in
the country's rural and urban regions.

To address instances of child sexual abuse, the Government has enacted a specific legislation
known as The POSCO Act, 2012. The Act has been implemented as of November 14, 2012,
in conjunction with the Rules formulated. The POSCO Act of 2012 is a comprehensive
legislation to safeguard children from sexual assault, sexual harassment, and pornography. It
protects the child's interests throughout the judicial process by incorporating child-friendly
mechanisms for reporting, recording evidence, conducting investigations, and expediting
trials. These measures are implemented through the establishment of designated Special
Courts. The legislation above establishes the parameters for defining a child as an individual
who has not yet reached the age of eighteen. 83 It also delineates various manifestations of
sexual abuse, encompassing both penetrative and non-penetrative forms of assault, acts of
sexual harassment and the production or dissemination of pornography. Furthermore, the Act
designates certain circumstances under which a sexual assault is considered "aggravated,"
such as when the victimised child is mentally incapacitated or when the perpetrator holds a
position of trust or authority about the child, such as a family member, law enforcement
officer, educator, or medical professional. Individuals who engage in the trafficking of
children for sexual exploitation are subject to legal consequences as outlined in the relevant
provisions about abetment within the legislation. The legislation establishes strict penalties
that are determined based on the severity of the violation, including a maximum sentence of
life imprisonment with rigorous conditions and a monetary fine. By internationally
recognised child protection norms, the legislation also includes provisions for obligatory
reporting of sexual offences. This imposes a legal obligation on individuals who possess
knowledge of a child being subjected to sexual abuse to report the offence promptly. Failure
to fulfil this duty may result in a penalty of up to six months of imprisonment and a monetary
fine.84

The legislation also assigns the police responsible for safeguarding children throughout their
investigations. Consequently, it is the duty of law enforcement personnel who receive a report

83
Verma, Neha, "Child Participation in POSCO Proceedings: Empowerment and Challenges," Journal of Child
Rights and Social Development, Vol. 8, Issue 4, pp. 201-214, 2020.
84
Ibid.
regarding the sexual abuse of a minor to promptly take action to ensure the child's well-being
and safety. This includes promptly arranging for necessary medical attention for the child
and, if necessary, securing placement in a shelter facility. The police must promptly notify the
Child Welfare Committee (CWC) within a 24-hour upon receiving the report. This enables
the CWC to take appropriate actions to ensure the child's safety and well-being. The
legislation includes provisions for conducting medical examinations on children in a manner
that aims to minimise any potential distress. 85 The examination is to be conducted in the
presence of a trusted adult, such as a parent, and the case of a female child, by a physician
who is also female. The legislation establishes Special Courts that facilitate the trial process
confidentially, ensuring the child's anonymity and employing child-friendly methods.
Therefore, the child must be allowed to have a parent or another trusted individual present
during the process of testifying. Additionally, the child should be granted the right to seek
support from an interpreter, special educator, or other qualified professional while providing
their testimony. It is crucial to avoid subjecting the child to repetitive testimonies in
court and explore alternative methods, such as video-link testimony, which can be conducted
outside of the traditional courtroom setting. Primarily, the legislation mandates that instances
of child sexual abuse must be resolved within one year from the offence being reported.
Furthermore, the Special Court is empowered to ascertain the appropriate level of restitution
to be awarded to a minor who has experienced sexual abuse. This financial assistance is
intended to facilitate the child's access to necessary medical care and aid in their
rehabilitation process. The legislation acknowledges various sexual abuses perpetrated
against minors as actionable offences. Additionally, it establishes a collaborative framework
among various governmental entities, including law enforcement, the judiciary, and child
protection organisations, to ensure the pursuit of justice for victims of child sexual abuse.

Moreover, through the establishment of a judicial process that is tailored to be child-friendly,

the legislation promotes the willingness of children who have experienced sexual abuse to
come forward and disclose the offence. It also facilitates their pursuit of justice for the harm
they have endured while offering support in their journey towards healing and recovery from
the psychological trauma inflicted upon them. Over time, the legislation will establish a
mechanism for reporting and penalising individuals who abuse and exploit children's
innocence and effectively deterring the prevalence of such offences. The legislation is to be

85
Gupta, Siddharth, "Criminalizing Child Grooming: The POSCO Act and Legislative Intent," Criminal Law
Quarterly, Vol. 27, No. 4, pp. 301-313, 2018.
enforced through the active involvement of the State Governments. According to Section 39
of the legislation, it is mandated that the State Government establish a set of guidelines
about the involvement of individuals, such as non-governmental organisations, professionals,
experts, or individuals possessing expertise in psychology, social work, physical health,
mental health, and child development. These individuals are to assist the child during the pre-
trial and trial stages. The Act of 2012 underwent amendments in 2019, replacing the offences
outlined in the previous Act with more severe penalties.

During the introduction of the Protection of Children from Sexual Offences (Amendment)
Bill, 2019, in the Lok Sabha, it was highlighted in the statement and objective of the Bill that
there has been a noticeable increase in instances of child sexual abuse cases in the country.
These cases have revealed the cruel mentality of the perpetrators, who have displayed a brutal
attitude towards their young victims.86 Children are increasingly vulnerable due to their
young age, physical susceptibilities, and limited exposure to life and societal norms. The
presence of an imbalanced distribution of power, which contributes to the occurrence of a
heinous act, may also hurt the child's cognitive development, leading them to adopt the belief
that strength and dominance are justifiable. Research findings indicate that individuals who
have experienced sexual violence during their formative years are likelier to exhibit abusive
behaviours in their adult lives.87 According to the report released by the National Crime
Records Bureau for 2016, there was a notable rise in the number of cases registered under the
Act. The data shows an increase of 44.7 per cent in 2013 compared to 2012 and a substantial
increase of 178.6 per cent in 2014 compared to 2013.

Furthermore, the report indicates that there has been no subsequent decrease in the number of
cases reported. However, in the case of Machhi Singh vs the State of Punjab88, the Supreme
Court established that if the community believes that the death penalty is necessary for self-
preservation, they have the authority to revoke protection and approve the imposition of
capital punishment. However, it should be noted that the community may not always engage
in such behaviour. In exceedingly exceptional circumstances, the collective conscience of a
society may be so profoundly disturbed that it demands the judicial authorities to impose the

86
Sharma, Pooja, "Right to Privacy of Child Victims in POSCO Cases: Legal and Ethical Considerations,"
Privacy and Legal Studies, Vol. 14, Issue 2, pp. 122-134, 2016.
87
Hill, U. (ed.), "Interdisciplinary Approaches to Child Sexual Abuse Prevention," p. 65-82 (Publisher U, City
U, 3rd ed./2017).
88
Machhi Singh vs the State of Punjab, 1983 AIR 957.
death penalty, regardless of their personal beliefs on the merits or drawbacks of maintaining
capital punishment.

The SC in the case of Devender Pal Singh vs State (NCT of Delhi) 89, reaffirmed the analogy
above. It was determined that in situations where the community's collective conscience is
profoundly disturbed, the court is obligated to impose the death penalty. Against the context
above, a significant requirement was expressed and pursued to implement rigorous measures
to discourage the escalating occurrence of child sexual abuse within the nation. The
suggested revisions to the legislation aim to incorporate provisions to augment penalties
for diverse offences.90 Therefore, the Principal Act was amended by replacing Section 6,
which previously included the 'death penalty', with a new section as stated in Clause 4 of the
Bill, 2019. The revised section reads: "Sec. 6. (1) Individuals who commit aggravated
penetrative sexual assault shall be subject to rigorous imprisonment for no less than twenty
years, but potentially for their natural life. In addition, they may also be subject to a fine or
the death penalty."

3.1.1 Provision For Special Courts

The POSCO Act, which has been implemented in India, serves as a comprehensive legal
framework with the primary objective of ensuring the protection of children against sexual
abuse and exploitation. One of the notable provisions encompassed in the legislation is the
creation of Special Courts, commonly known as child-friendly courts, specifically designed
to facilitate the expeditious and effective adjudication of cases exclusively about sexual
offences committed against minors. The establishment of these judicial bodies demonstrates a
dedication to prioritising the well-being of children who have fallen victim to horrendous
crimes.

Special Courts are established by Section 28 of the POSCO Act. These courts have distinct
powers and jurisdiction to handle cases by the provisions outlined in the act exclusively. The
underlying justification for their establishment is to streamline the legal proceedings and
establish a suitable setting for children, considering their sensitivities and vulnerabilities.
Trained courts have been specifically selected to expeditiously and effectively address legal

89
Devender Pal Singh vs State (NCT of Delhi), 2002 AIR SC 1661.
90
Ibid.
cases to prevent undue postponements that may exacerbate the emotional distress
experienced by child survivors.

By the stipulations delineated in the legislation above, the State Government, in collaboration
with the Chief Justice of the High Court, establishes a Court of Session in every district to
serve as a specialised tribunal for adjudicating cases about offences under the POSCO Act.
Furthermore, suppose a Court of Session has already been designated as a children's court
by the provisions of the Commission for Protection of Child Rights Act or any other pertinent
legislation. In that case, it shall be automatically recognised as a Special Court under the
POCSO Act. This methodology guarantees the efficient utilisation of current infrastructure to
offer the necessary legal safeguarding to child victims effectively.

The Special Courts possess the authority to initiate legal proceedings for offences without
requiring the accused individual to undergo a trial, either by receiving a formal complaint that
outlines the specific details of the crime or through a report filed by law enforcement. The
provision above, as articulated in Section 33(1) of the legislation, facilitates a prompt reaction
to accusations of sexual offences involving minors, thereby augmenting the efficacy of the
legal system in handling such instances.91

An additional pivotal element of the Special Courts pertains to the designation of a Special
Public Prosecutor for every court, as Section 32 of the POCSO Act stipulated. The State
Government designates a qualified advocate as the Special Public Prosecutor through an
official notification published in the Official Gazette. The prosecutor must possess at
least seven years of experience in legal practice. The role of the Special Public Prosecutor is
crucial in guaranteeing the efficient presentation of cases and preserving the legal rights of
child survivors throughout the trial proceedings.

To conclude, implementing Special Courts by the POSCO Act signifies a proactive strategy
in tackling the problem of sexual offences committed against minors. These courts have been
purposefully established to address cases with the utmost care and efficiency while
prioritising the welfare of the juvenile victims. Using appointing Special Public Prosecutors
and implementing additional provisions, the legislation above endeavours to establish a

91
Patel, Aman, "Safeguarding Child Witnesses under POSCO Act: Procedural and Legal Aspects," in Gupta,
Ritu (ed.), Child Rights and Legal Practice pp. 88-101 (Law Publishers, Mumbai, 2014).
comprehensive legal structure that effectively safeguards the rights of child victims of sexual
offences and ensures their access to justice.

3.1.2 Measures to be taken by Special Court during trial

In the trial proceedings conducted within the Special Courts established under the POSCO
Act, a comprehensive set of meticulous and empathetic measures are implemented to
guarantee the highest level of care, protection, and welfare for child victims who have
suffered from sexual offences. These measures emphasize the dedication to establishing an
atmosphere in which the rights and dignity of these adolescent survivors are protected
throughout the legal proceedings.

One of the most important measures to consider is protecting the child's identity from being
revealed. The preservation of confidentiality serves the dual purpose of safeguarding the child
from potential societal stigmatisation and upholding their right to privacy while recounting
their traumatic experiences within the confines of the courtroom. Furthermore, the trial
procedure acknowledges the emotional susceptibility of the child victim by allowing for
regular intervals, providing them with opportunities for relief amidst the emotionally
demanding task of giving testimony. 92 Acknowledging the importance of a child's well-being
and emotional state, the Special Court strives to create an environment conducive to their
comfort and composure. This objective is achieved by implementing a provision that permits
including a reliable family member or individual, as determined by the child, to accompany
them throughout the trial proceedings. A companion's presence offers the child a sense of
reassurance, enhancing their ability to navigate the daunting legal proceedings with increased
confidence.

A primary consideration is to prevent exacerbating the emotional distress experienced by the

child victim.93 The Special Court endeavours to mitigate the recurrence of summoning the
child for testimonial purposes, a procedural approach that can potentially induce
retraumatization. Furthermore, a deliberate endeavour is undertaken to uphold the child's
sense of worth by prohibiting confrontational interrogation or endeavours to undermine their
integrity during cross-examination.

92
Singh, Ishita, "Judicial Activism and the Interpretation of POSCO Act: Balancing Rights and Justice," Judicial
Review Journal, Vol. 21, No. 1, pp. 56-67, 2022.
93
Ibid.
To preserve the child's self-esteem and psychological welfare, the Special Court takes
measures to prevent the child victim from encountering the accused by avoiding shared
pathways and entrances. This fundamental differentiation acknowledges the significant
implications of such interactions and mitigates the risk of any avoidable psychological
distress. Focusing on the significance of prompt justice, the Special Court endeavours to
finalize the trial within a year from the moment the offence is recognized. The expedited trial
process reduces the emotional suffering experienced by the child survivor and their
family while also adhering to the imperative need to address these severe offences promptly.

Moreover, the trial is conducted on camera, protecting the child victim by preventing public
scrutiny. During the proceedings, the child's parents or a designated individual are present to
provide emotional support and solace to the child amidst the difficulties encountered. 94
To mitigate potential emotional discomfort arising from direct interrogation, the Special
Court utilizes a procedural approach whereby all inquiries posed by the Special Public
Prosecutor or the defence counsel are directed towards the court, which subsequently relays
these inquiries to the child involved. This intermediation aims to safeguard the child from any
unwarranted emotional strain.

In compliance with Section 35 of the legislation, the Special Court ensures expeditious
recording of the evidence presented by the child, typically within thirty days after the court's
acknowledgement of the offence. All delays in this process are thoroughly documented,
accompanied by detailed explanations, to uphold transparency. To mitigate the potential
negative impact on the accused and safeguard the child's emotional welfare, the Special Court
utilizes various techniques such as video conferencing, unidirectional mirrors, or curtains
while recording evidence. These measures enable the child's statement to be communicated
without confronting the accused.95

Section 26 of the legislation allows for including a certified special educator, a person
knowledgeable about the child's specific communication requirements, or an expert in the
pertinent domain in cases involving child victims with mental or physical disabilities. This
measure guarantees the precise documentation and comprehension of the testimonies

94
Verma, Abhishek, "Mandatory Reporting of Child Sexual Abuse under POSCO Act: Challenges and
Implementation," Child and Family Protection Journal, Vol. 16, Issue 3, pp. 178-190, 2019.
95
Ibid.
provided by these children, notwithstanding the distinctive obstacles they may encounter.
Fundamentally, the actions implemented by Special Courts under the POSCO Act during the
trial exhibit a deep dedication to creating a setting that recognizes the susceptibility of child
victims, guarantees their safeguarding, and upholds their entitlements and integrity as they
navigate the intricate legal proceedings.

3.2 Legal framework before POCSO Act, 2012

India has one of the highest per capita rates of child population of any country in the world.
According to the results of the census that was conducted in 2011, there are around
472,000,000 children in India who are less than 18 years old. The number of sexual assaults
committed against minors in India is increasing, as shown by the National Crimes Record
Bureau statistics.96 New legislation that protects children from sexual assault was signed into
law in 2012. Consequently, several unique and local legislation protects minors from sexual
abuse before 2012. However, constitutional safeguards for children are not the only
beneficiaries of negative guarantees that are enforceable against the state alone. In addition,
the Constitution enshrines broad policy goals for the state to pursue to safeguard children's
health and education. India is a signatory to the United Nations Convention on the Rights of
the Child and has its own set of laws protecting children. However, in 1989, India also
ratified its own set of legislation. Surprisingly, following actions of the Indian legislature
have not carried out this international and constitutional commitment to preserving children's
rights, even though this obligation is solid and universal.97

The Indian Penal Code, which serves as the principal piece of penal law in the nation, has
wording that is unusually ambiguous concerning the sexual abuse of minors. Because child
sexual abuse is not explicitly listed as a criminal offence in the Code, prosecutors and courts
are usually forced to rely on other, more general rules that are grossly insufficient in dealing
with a large number of incidents of abuse. The Code does not officially designate child sexual
abuse as a criminal offence. A common strategy for dealing with sexual offenders is applying
broadly the laws that have been enacted to criminalize sexual crimes that are committed

96
Patel, R. (ed.), "POCSO Implementation Challenges: Legal and Social Perspectives" p. 25-42 (Legal
Publications, Mumbai, 1st ed./2019).
97
Kumar, Rishi, "Online Child Exploitation and POSCO Act: Jurisdictional and Technical Challenges," Cyber
Law and Ethics Review, Vol. 18, No. 2, pp. 145-158, 2021.
against women, such as rape. As a result, the concept of rape under the legislation applies
solely to female children who have experienced some penetration of the vaginal canal. Other
forms of sexual abuse, such as object-vaginal penetration, object-anal penetration, object-oral
penetration, or exhibitionism, are not addressed by the rule. Child rights organizations in
India have voiced their outrage over these loopholes in the legislation and have made a plea
for establishing a new statute to protect children from being sexually abused. Sakshi v. Union
of India was an ambitious Public Interest Litigation case that tried to achieve that by
challenging the inadequate provisions of the Indian Penal Code covering the sexual abuse of
minors. The case was named after the plaintiff, Sakshi. Unpredictably, the court decided not
to define sexual abuse after droning on and on about how commonplace it is for adults to
assault children in India sexually. Instead, it returned the can to the government, which
meant the Indian children were not safeguarded. According to the allegations made in this
instance, the victim, who was eight years old, was penetrated by her father three times in
separate locations. The judge ruled that the defendant should be guilty of the lesser charges of
outraging ladies' modesty and injuring rather than the more severe charge of rape. 98 The
appellant made several arguments, one of which was that the Supreme Court needed to
broaden the scope of Sections 375 and 376 (both dealing with rape) to include a more
comprehensive range of forms of sexual abuse committed against women and children. Due
to the sensitive nature of cases involving the sexual abuse of minors, the court has decided
that a screen may be used to separate the accused from the victim and any witnesses. The
decision, which was primarily praised, also demanded that cases of abuse that did not include
penile penetration be tried in private, which was previously only necessary in situations of
rape. This Court order is now law as a result of recent legislation that compels the observance
of strict confidentiality throughout court proceedings.

Another example is the Indian Penal Code from 1860, which has many provisions (articles
354, 375, and 377) that make it illegal to assault a kid sexually. Assaults against women's
modesty are addressed in Section 354, whereas rape and other unnatural acts are dealt with
separately in Sections 375 and 377 of the Code. However, even though the International
Criminal Code (CIC) does include rules for crimes and penalties, these protections are
weakened by additional circumstances that leave children susceptible. One of the major flaws
of the legislation is that it does not provide a formal explanation of the meaning of the word

98
Agarwal, Sonali, "Special Courts under POSCO Act: Ensuring Speedy Justice for Child Victims," in Sharma,
Ramesh (ed.), Child Rights and Justice System pp. 97-110 (Legal Publications, New Delhi, 2017).
"modesty" in section 354. It is a serious offence that carries a fair amount of penalty. Under
Section 375 of the Criminal Code, protection is not afforded to male victims or any other
person subjected to sexual acts of penetration that are not pe-no-vaginal. In addition, Section
377 does not make the sexual abuse of minors a criminal crime, it does not define the term
"unnatural offence," and it only applies to victims whose attacker's sex act has penetrated
them.99

The only legislation in Goa that expressly protects children from being sexually abused is the
Goa Children's Act, which became active in 2003 and has been in force since then. As a
result, the guidelines above play an essential part in maintaining children's rights before the
Act of 2012. They decide to enact the to close the legal loopholes. In 2012, India approved a
law called the POSCO Act, which dramatically altered the legal framework of the nation
regarding the sexual abuse of children. However, before enacting this comprehensive
legislation, India already had a variety of laws and safeguards in place to protect children
from being abused and ensure their rights were protected. This article explores the legal
framework before the passage of the POCSO Act. It discusses the laws in place before the
enactment of the POCSO Act, their flaws, and the need for particular legislation to handle
child sexual crimes. Before the passage of the POCSO Act, India's legal system addressed the
issue of child abuse in various contexts, including the country's Constitution, criminal law,
and other legislation. On the other hand, these limits were scattered across several pieces of
law and lacked a cohesive plan to tackle sexual crimes perpetrated against minors.
Consequently, there are no significant gaps in protecting children's rights against sexual
assault.

Provisions regarding sexual crimes committed by minors may be found in the Indian Penal
Code (IPC), India's primary legislation governing criminal law. Under the conditions of the
Indian Penal Code (IPC) sections 375, 376, and 377, which dealt with raping and carnal
intercourse against minors, child sexual abuse was not specified as a distinct crime. Child
victims' unique vulnerabilities and needs were not adequately addressed, and the rules did not
correctly encompass the wide variety of sexual assaults committed against minors. Even
though other laws had some protections for children, their scope of application was severely
limited. Children in trouble with the law and those in need of care and protection were the

99
Jain, Neha, "Child-Friendly Approaches in POSCO Proceedings: Promoting Child Participation," Child
Rights Quarterly, Vol. 12, Issue 4, pp. 209-221, 2020.
primary goals of the Juvenile Justice Act of 2000, which intended to provide for these
youngsters' care, safety, and rehabilitation. While it acknowledged the need to
safeguard children, it did not classify sexual crimes committed against minors as a separate
category of criminal behaviour.

Even though it was passed with the best intentions, the Immoral Traffic (Prevention) Act of
1956 did not go far enough to protect juvenile victims or fulfil the specific
conditions necessary to satisfy their needs in the battle against the sexual exploitation of
women and girls. The Minor Marriage Restraint Act of 1929 made it illegal to marry a minor,
but it did little to prohibit young brides from being sexually abused and exploited after the
marriage. The National Human Rights Commission (NHRC) and the State Human Rights
Commissions (SHRCs) were established due to the Protection of Human Rights Act of
1993, passed to protect better and promote human rights, particularly children's rights.
However, preventing child sexual assault was not a primary focus of their mandate, and they
lacked the power necessary to punish perpetrators adequately.100

In addition, several judicial judgements and recommendations have provided further

guidance on reacting to cases of child sexual abuse that fall beyond the purview of these
legislative constraints. In a landmark judgement handed down in 1997, Vishakha v. State of
Rajasthan101 established safeguards against sexual harassment in the workplace for all
workers. These provisions apply to both public and private sector employers. Even though it
mainly included adult women, preventing sexual assault against minors was not a primary
goal of this investigation. Even with all of these safeguards in place for children, India still
had a long way to go before it could effectively prevent sexual abuse of children. Because of
the fragmented nature of the legislative structure, there was a lack of clarity and consistency
in implementing the child protection legislation. This led to confusion and inconsistency.
However, since there is no specific statute that addresses sexual offences committed against
children, it is difficult to bring criminal charges against those who committed the crimes and
to provide child victims with appropriate legal recourse.

Confronting the issue of child sexual abuse occasionally ran into extra hurdles owing to
cultural and societal prejudice, as if the situation wasn't already complicated enough on its

100
Ibid.
101
AIR 1997 SC 3011
own. Many abuse victims and their families choose not to report the incident out of fear of
shame, being blamed themselves, and other negative repercussions from society. In addition,
issues such as child grooming, child pornography, and the exploitation of minors online have
become more prevalent as a direct result of advances in technology. 102 Nevertheless, the
existing legal structure was not equipped to deal with them adequately. The POCSO Act was
enacted in 2012 as a response to legislators' recognition of the need for a legal framework
that was both more robust and comprehensive. 103 The Act incorporated several essential
components to deliver a strategy favourable to children for dealing with the issue of sexual
abuse of children. It identified various sexual crimes that might be perpetrated against minors
and established special courts for speedy adjudication. It imposed heavy punishments on
anybody found guilty of breaking the law. The Act also safeguarded the rights and well-being
of child victims by making their protection, care, and aid a priority throughout the legal
process. This meant that their rights and well-being were protected.

The POCSO Act of 2012 was responsible for more than just an increase in the number of
crimes; in addition to this, it also featured new measures that were essential in addressing
new dangers. Because the Act emphasizes prevention, it mandates that every district establish
a Child Welfare Committee and a Special Juvenile Police Unit (SJPU). These departments
and boards were responsible for organisations connected to the diagnosis, investigation, and
treatment of sexual abuse of minors. The POCSO Act is well-known for its prominence in
child-friendly measures. The Act brought attention to the need to provide child victims with a
secure and accepting environment throughout the legal procedure. It recognises young
victims and made an effort to alleviate the misery they were experiencing by developing
particular protocols that were followed throughout the investigation, statement recording, and
court hearings. These precautions included the use of age-appropriate techniques and
terminology for youngsters, as well as the presence of support personnel or legal guardians.

Additionally, the Act introduced the concept of mandatory reporting, which makes it the
obligation of specific individuals (such as educators, medical professionals, and officials
working in child welfare) to disclose any information or suspicion of child sexual abuse to
the relevant authorities. These individuals include officials working in child welfare, medical
102
Sharma, A. (ed.), "Child Rights and POCSO: A Comprehensive Analysis" p. 78-95 (Justice Books, New
Delhi, 2nd ed./2018).
103
Gupta, Ankit, "Digital Evidence and Child Sexual Abuse Cases: Admissibility under POSCO Act," Digital
Law and Society Review, Vol. 13, Issue 3, pp. 230-243, 2015.
professionals and educators. It was essential to provide this choice to incentivize to report
incidents and guarantee prompt retribution for wrongdoers. Moreover, the POCSO Act
imposed harsh penalties on anybody found to violate its provisions. It defined categories of
infractions with more severe punishments, such as incarceration and monetary fines, among
other options.104 Those with conventional duties, such as government personnel or school
faculty, are likewise accountable under the Act if they fail to report an infraction or help in its
commission. This includes failing to report a crime committed by another individual.

Notably, the Act mandated the establishment of specialist courts with the authority to handle
POCSO cases. These speciality courts aim to speed up the judicial process, make it easier
emotionally for young people who have been victims of crime, and ensure that justice is
carried out in a reasonable length of time. Providing help and rehabilitation services to child
victims was also seen as an essential component of the POCSO Act. To provide assistance
and support to child victims, special juvenile police units and child welfare committees were
necessary to be established. During the legal process, these departments and boards were
responsible for coordinating the child's access to the appropriate medical treatment,
counselling, and other services and ensuring the child's safety and protection.105

Since its adoption, the POCSO Act has been critical in drawing attention to the problem of
child sexual abuse, raising the number of reports that are filed, and strengthening the
prosecution and punishment of those who commit such abuse. As a direct consequence of the
Act, there has been an increase in coordination between various government entities in the
fight against the sexual abuse of minors. This includes agencies that help needy children, the
legal system and law enforcement. Even while the POCSO Act has made significant
headway, several barriers still stand in the way of India's goal of completely eradicating
the sexual abuse of minors. Getting justice for children who have been harmed due to gaps in
implementation, lengthy legal procedures, and harmful cultural attitudes is tricky. More effort
is required to educate the general public about children's rights, enhance the Act's
implementation and enforcement, and strengthen the ability of stakeholders.

104
Sharma, Riya, "Victim Compensation under POSCO Act: Ensuring Restitution and Rehabilitation," in
Verma, Rajat (ed.), Child Rights and Compensation pp. 85-98 (Human Rights Press, Mumbai, 2013).
105
Ibid.
In conclusion, before the passage of the POCSO Act in 2012 in India, the judicial system did
not have a strategy that was both comprehensive and focused on combatting the sexual abuse
of children. The prior assortment of laws and regulations did not offer adequate safety for
children who were victims of sexual assaults. 106 Because it was the first comprehensive
statute to address the unique challenges that child victims of crime experience, the POCSO
Act was a landmark piece of legislation that fundamentally altered the playing field. The Act
widened the scope of criminal crimes, required strong punishments, and established
specialised highlighted the need for child-centred justice at every level of the process.
Continuous effort is necessary to ensure that children are protected from sexual assault,
enhance the implementation process, and overcome hurdles.

3.2 Legal framework after POCSO Act, 2012

The Protection of Children from Sexual Offences Act of 2012 ensures that children are
shielded from all forms of sexual exploitation, including sexual assault, sexual harassment,
and viewing pornographic material. In addition, it details many offences for which an
offender may be subject to punishment. Critics of the measure have referred to the measure as
"criminalising" sexual behaviour between consenting children. For the Bill passed in 2001 to
safeguard sexual conduct that was consented to by both parties, at least one of the parties
must be above the age of 16.17. This Act applies to the whole nation of India except Jammu
and Kashmir. Under the terms of this statute, a "minor" refers to any person under 18 years
old. Within the context of this Act, terms such as "aggravated penetrative sexual assault,"
"aggravated sexual assault," "armed forces or security forces," "child," "domestic
relationship," "penetrative sexual assault," "prescribed," "religious institution," "sexual
assault," "sexual harassment," "shared household," "special court," and "special public
prosecutor" each has their unique definitions.107 To quote the POCSO: "aggravated if the
abused child is mentally ill or when the abuse is committed by a member of the military
services or security forces or a public servant or a person in a position of trust or authority of
the child, like a family member, police officer, teacher, doctor, or person-management or staff
of a hospital — whether Government or private." According to the law, any person who
becomes aware of sexual abuse has a responsibility to report it. If he does not comply, he may
106
Singh, P. (ed.), "Child Psychology and POCSO: Understanding Trauma" p. 110-128 (Education Press,
Bangalore, 1st ed./2021).
107
Ibid.
face up to six months in prison, a fine, or both. Additionally, the Act stipulates a time limit of
thirty days for the documentation of the child's proof. It is anticipated that the Special
Court presiding over the case will be able to complete the trial within one year of assuming
jurisdiction over the matter. Every single procedure that takes place in front of the Special
Court has to be documented on camera, and it is required that the prosecution take place in
the presence of the child's parents or another responsible adult. Under the Act, filing a false
complaint or providing misleading information is a crime. It specifies harsh sanctions for the
offender that are proportional to the severity of the committed offence.108

There is a required minimum punishment of ten years in prison for aggravated penetrative
sexual assault, with the highest possible term being life in prison, in addition to a substantial
fine. The POCSO Act of 2012 was enacted to "Protect the Children from Offences of Sexual
Assault, Sexual Harassment, and Pornography," specifically protecting the children's best
interests. It also establishes the penalties for those who participate in child trafficking for
sexual purposes. The POCSO Act of 2012 was passed to "Protect the Children from Offences
of Sexual Assault, Sexual Harassment, and Pornography." According to the Act, a "child" is
any person who has not yet reached the age of eighteen, and the best interests and welfare of
the child are essential at all times to encourage the child's optimum growth and development
in all aspects of their life. The Act does not discriminate based on a person's gender. The
POSCO Act, passed in 2012, has had its Sections 4, 5, 6, 9, 14, 15, and 42 changed
to address the problem of child sexual abuse more comprehensively. The legislation is being
revised to reflect the need for tighter measures to address the troubling trend of sexual abuse
of children, and these harsher measures will help prevent sexual abuse of children. Thirdly, it
is suggested to change Sections 4-6 to make the death penalty an available option for those
convicted of aggravated penetrative sexual assault on a child. Those who are given this
choice will be eligible for the death penalty. This would act as a deterrent against the sexual
abuse of minors as well as dissuade those who do such acts. Fifthly, to address the ever-
increasing issue of child pornography, it is recommended to change Sections 14 and 15 of the
POCSO Act, passed in 2012.109 Fourthly, adjustments are suggested to Section 9 to protect
children from sexual crimes during natural catastrophes and disasters and in circumstances
where children are provided, in any fashion, any hormone or any chemical substance to
108
Singh, Rajesh, "Child-Friendly Police Procedures under POSCO Act: Navigating Legal and Practical
Challenges," Journal of Child Protection and Justice, Vol. 7, No. 2, pp. 156-168, 2018.
109
Verma, Alisha, "Restorative Approaches in Child Sexual Abuse Cases: Prospects under POSCO Act,"
Restorative Justice Review, Vol. 14, Issue 1, pp. 67-78, 2014.
acquire early sexual maturity for penetrative sexual assault. These amendments aim to
prevent children from being subjected to penetrative sexual assault. Anyone who fails to
remove or destroy child pornographic material or disclose it to the appropriate authorities
should be required to pay a fine. Any transmission, dissemination, or administration of such
information that is not to report or provide evidence in a judicial proceeding may result in
incarceration, a fine, or both. The storage or ownership of any child pornographic material for
commercial purposes carries harsher penalties than before.

The Act is designed to act as a deterrent against the growing tide of sexual abuse of minors by
including substantial severe consequences. These sanctions are meant to serve as a deterrent.
It ensures both their safety and their dignity while maybe protecting the interests of
youngsters who are particularly susceptible during times of crisis. 110 The revised terminology
is intended to make the connection between the ill effects of child abuse and the abuse itself
more transparent. With adopting the POSCO Act, 2012, India's legal framework to combat
child sexual abuse has made significant progress. This all-encompassing regulation was
enacted to protect children better, simplify the court system, and ensure effective punishment.
Since its inception, India's legal system for child sex crimes has seen several significant
developments, the most notable of which are the amendments to the POCSO Act, the
establishment of specialist agencies and units, and the implementation of preventive
measures. This article explores the legal framework established due to the POCSO Act,
concentrating on its fundamental characteristics, issues, and ongoing efforts to provide more
excellent protection for children. As a jumping-off point, the author uses the POCSO Act.111

The POCSO Act of 2012 included several essential provisions that significantly improved the
existing legal framework for dealing with the issue of child sexual abuse. A substantial part of
the Act was expanding the definition of sexual crimes committed against minors. As acts that
constitute crimes committed against minors, it included a variety of behaviour, including but
not limited to penetration, molesting, and pornographic activity. Because this definition had
more scenarios, it ensured that victims of all forms of child abuse would be protected.

110
Sharma, B. (ed.), "Preventing Recidivism through POCSO Rehabilitation" p. 102-119 (Rehabilitation Press,
Mumbai, 2nd ed./2017).
111
Acharya, B.C., A Handbook of Women’s Rights (Wisdom Press, New Delhi, 2011).
The Act also imposed severe punishments for anybody who broke the law. According to the
legislation, certain forms of sexual assault have fewer sentences than others, whereas
aggravated penetrative sexual assault has the worst punishment. These punishments may be
as severe as the death penalty or a term of life in prison without the possibility of release,
depending on the gravity of the offence. 112 The increased penalties were implemented to send
a message to anyone considering committing a crime and to ensure that people who abuse
children's rights would be held accountable for their actions. 113 Following the passage of the
POCSO Act, establishing Special Courts with the authority to investigate allegations of
sexual assault against minors became an essential component of the existing legal
framework.114 These specialised courts intended to hasten the progression of the legal process
and alleviate some of the mental sufferings that young victims experienced. Special Courts'
responsibility was to expedite the delivery of justice in a child-friendly manner, to ensure the
secrecy of all parties concerned, and to maintain a calm and polite atmosphere during
hearings. The establishment of these courts was necessary to lessen the backlog of pending
cases and to provide child victims with access to a legal system that is both safe and helpful.

The need to accommodate children throughout the whole of the legal procedure was brought
to light by the Act as well. It enforced restrictions on media coverage and the use of made-up
names for the child in legal measures to protect the youngster's anonymity and identity from
being scrutinised by the general public. The Act recognised the sensitivity of child victims. It
aimed to limit the anguish they experienced by allowing for hearings to be held behind closed
doors, the presence of support personnel or legal guardians during the trial, and the use of
child-friendly practices while recording evidence. Throughout the whole of the court
procedure, these provisions served to guarantee that young victims received the utmost care
and concern possible.

In addition to these preventative measures, the legal framework established after the
enactment of the POCSO Act resulted in the establishment of specific agencies and
units tasked with combating the problem of sexual abuse of minors. 115 The Act requires the

112
Khanna, P. (ed.), "Social Work Interventions under POCSO" p. 78-95 (Social Work Institute, New Delhi, 1st
ed./2023).
113
Ibid.
114
Rao, K. (ed.), "POCSO Prosecution: Challenges and Best Practices" p. 55-72 (Prosecution Publishers,
Hyderabad, 3rd ed./2016).
115
Nair, A. (ed.), "Technology and Digital Evidence in POCSO Cases" p. 115-132 (Technology Books,
Bangalore, 1st ed./2020).
construction of Special Juvenile Police Units (SJPU) in each district to assist in the
prevention of sexual crimes committed by children, the investigation of such acts, and the
coordination of related efforts. While the police conducted their studies, these teams were
essential in ensuring a timely response to allegations, acquiring evidence, and emotionally
supporting minor victims.

In addition, the Act stipulated that a Child Welfare Committee (CWC) must be established in
each district to monitor the care, protection, and reintegration of child victims.
Professionals with extensive knowledge of child psychology, social work, and the law sat on
these panels. They played an essential part in ensuring the child victims' safety and rapid
recovery by offering support services, including psychotherapy, medical treatment, and a
secure refuge for the children. CWCs were also responsible for liaising between the child
victim, law enforcement, and the judicial system. This allowed for improved coordination
and the protection of the child's best interests.

The POCSO Act has undergone recent revisions to provide the court system additional
authority and power. In 2018, some changes were introduced to the Criminal Law to improve
minors' protection.116 Notably, it enlarged the definition of what constituted child
pornography, raised the fines for crimes containing such material, and incorporated additional
measures to prevent the sexual abuse and exploitation of minors via the Internet. These
adjustments were created in reaction to the expanding problem of sexual exploitation of
children on the Internet and other increasing concerns brought up by the progression of
technological innovation.

Despite these encouraging improvements, there are still barriers in India's legal
system regarding sexual assaults perpetrated by youngsters. Underreporting is an issue caused
in part by several factors, including social humiliation, fear of reprisal, and a lack of
awareness about legal remedies. The failure to disclose instances of child abuse inhibits
victims from seeking justice and perpetuates a culture of silence. Continuous support for
child victims must include continuing awareness campaigns, demands for more
excellent reporting, and legal help.

116
Bhatia, N. (ed.), "Counseling Techniques for POCSO Survivors" p. 90-107 (Counseling Press, Mumbai, 2nd
ed./2019).
Another challenge is to find solutions to problems that are both speedy and effective. A rising
number of pending cases and a backlog of court proceedings make providing justice for child
abuse victims more difficult. To avoid causing the child and their family any further anxiety,
there has to be a commitment of resources and infrastructure that can speed up the trial
process and ensure a quick resolution to any claims that may be filed. In addition, even
though there are statutory laws in place, there is a need for increased coordination among the
many different parties, including law enforcement, groups that safeguard children, and the
court system. It is essential to properly communicate and exchange information to ensure a
complete response to incidents of child sexual abuse, beginning with reporting the incident
and continuing through investigation and prosecution. 117 Another crucial component of this
problem is ensuring that no one sexually exploits a youngster. The POCSO Act's resulting
legal framework puts a high value on avoiding such issues in the first place. 118 Despite this, a
lot of work still needs to be done to increase public awareness, broaden educational and
training possibilities, and eradicate underlying problems. To better secure the safety of
children in settings such as schools, orphanages, and residential care facilities, institutions
such as these should be involved in preventative efforts.

In addition, after the passage of the POCSO Act in 2012, efforts have been undertaken to
strengthen the legal framework to prevent the sexual abuse of children better. Campaigns to
raise awareness, educational activities for the local population, and measures to implement
preventive legislation have all been started. Campaigns and awareness projects have been
launched by the government and non-profit groups to educate children, parents, teachers, and
other stakeholders about the signs of child sexual abuse and the value of reporting suspected
instances. These activities are intended to teach children how to recognise abusive situations
and steer clear of them while encouraging parents to be vigilant and take appropriate action
when required. Moreover, schools play a significant role in the fight against the sexual
exploitation of minors. Many educational institutions have attempted to provide children with
safe environments by adopting regulations and procedures, offering age-appropriate sex
education, and implementing awareness initiatives, among other measures. In addition, there
are now initiatives that train instructors to recognise the warning signs of child abuse
and safeguard their children from being victimised by it.
117
Choudhary, Sameer, "Child Participation in POSCO Trials: Legal Recognition and Practical Challenges,"
Journal of Child and Family Law, Vol. 11, Issue 3, pp. 178-190, 2021.
118
Kumar, S. (ed.), "POCSO Courts and Speedy Justice for Children" p. 40-57 (Justice Publications, Chennai,
1st ed./2022).
The issue of sexual assaults committed against minors over the Internet has also been the
focus of attempts to fight the problem. Because of how widely available the Internet and
other kinds of technology are, the sexual abuse and exploitation of children online have
evolved into severe pain. Just two instances of how the legal system has altered to
accommodate these new requirements are the amendments made to the POCSO Act and the
Information Technology Act of 2000.119 These laws have made it unlawful to utilise child
pornography, online grooming, and other online sexual abuse on digital platforms to stop the
spread of online sexual abuse and child pornography. In addition, the authorities have
established Cyber Crime Cells and other specialist units to investigate and prosecute
instances of child sexual abuse over the Internet.

Developing the legal framework and ensuring its effective execution via coordination
between government institutions, law enforcement, and non-governmental organisations
(NGOs) was necessary.120 The work non-governmental organisations (NGOs) do to assist
child victims, provide them with therapy and rehabilitation services, and advocate for their
rights is critical. In collaboration with other government agencies, they organise events to
raise awareness and educate the public, investigate and punish criminal activity, and provide
training for law enforcement professionals. Because of increased coordination among
many stakeholders, both the coordinated and comprehensive response to the sexual abuse of
children has improved.

Despite the passage of the POCSO Act, the legal environment continues to be plagued by
several problematic issues. A fundamental barrier is the urgent need for improved capacity-
building among law enforcement professionals, prosecutors, judges, and social workers.
Strategies for conducting child-friendly interviews with children, trauma-informed practices,
and legislation regarding the sexual abuse of children should all be at the forefront of any
training session geared toward professionals.121 Those engaged will be better able to handle
the case, more excellent protection will be provided for child victims, and the prosecution
will be more successful if their capabilities are increased.
119
Chatterjee, S. (ed.), "POCSO Amendments: Balancing Justice and Protection" p. 45-62 (Legal Scholar,
Kolkata, 2nd ed./2020).
120
Agarwal, M. (ed.), "Child Protection Policies and POCSO Compliance" p. 68-85 (Protection Books,
Lucknow, 2nd ed./2018).
121
Sharma, S. (ed.), "Psychological Rehabilitation of POCSO Survivors" p. 105-122 (Psychology Press, Jaipur,
1st ed./2023).
One of the challenges is the urgent need to expand the availability of rehabilitation and
support services for the children of victims. Even though the POCSO Act does provide
provisions for the care and rehabilitation of child victims, it is essential to ensure that these
services are available to a large population. 122 A multimodal strategy that combines medical
treatment, psychological therapy, and social assistance is required to assist child victims in
recovering and reintegrating into society. In addition, enhancements should be made to
minors' reporting procedures and victim aid programmes. 123 Many children who would
otherwise report abuse do not do so because they are inhibited by fear, a lack of
understanding, and a lack of confidence in the system. Providing children with reporting
options and support services like helplines and safe spaces makes it feasible to improve the
number of children who come forward with allegations of sexual misconduct.

Since the passage of the POCSO Act in 2012, several significant amendments have
been made to India's legal framework to fight the sexual exploitation and abuse of children.
The Act provided stringent protections for child victims, including harsh punishments and
agencies devoted to helping children. In addition, steps have been taken to improve
preventive efforts, public education, and collaboration across government agencies. However,
issues like underreporting, the need to enhance capacity, and the inability to provide complete
help to victims persist. Maintaining efforts to tackle these problems and make the world a
safer place for children, including preserving the rights of abused children and making their
abusers legally accountable for their actions, is necessary.

3.3 The need for the POSCO Act

The POSCO Act in India is an essential piece of legislation that addresses the critical need to
protect children from sexual exploitation and abuse. The act was passed in 2012. By
establishing a comprehensive legal framework, the legislation passed in 2012 has as its
primary objective the protection of the rights and well-being of children who have
been victims of sexual assault.124 Because it provided a robust legal structure for identifying
122
Joshi, R. (ed.), "Legal Reforms and POCSO: Challenges and Prospects" p. 80-97 (Legal Reforms Institute,
Pune, 3rd ed./2017).
123
Agnes, Flavia, Law and Gender Inequality: The Politics of Women's Rights in India (Saurabh Printers, Noida,
1991).
124
Khan, I. (ed.), "Media and POCSO Awareness Campaigns" p. 34-51 (Media Publications, Mumbai, 1st
ed./2021).
and prosecuting perpetrators and safeguarding vulnerable children from future victimisation,
the POCSO Act was an essential milestone in the battle against the sexual abuse of children
because it was a crucial milestone in the fight against child sexual abuse.

Abuse of children on a sexual level is a severe problem that has repercussions for millions of
people across all segments of society and cultures. Because of cultural guilt, fear, and a
general lack of information about the topic, many instances of sexual abuse of children in
India go unreported or unrecognised.125 It was abundantly evident that a comprehensive
solution to this issue required the establishment of a robust legal framework, which was
accomplished by the passage of the POCSO Act. POCSO Act has several essential
elements focused on protecting children from sexual assault. Sexual crimes against children
may include both piercing and non-penetrating sexual acts, as well as sexual harassment and
pornography. Recognising that children are particularly vulnerable and in need of further
protection, the Act incorporates stringent protections to maintain child victims' safety,
confidentiality, and well-being throughout the legal process.

One of the most important provisions of the POCSO Act is that it calls for
establishing specialist courts that would handle cases involving the sexual abuse of children.
These courts have been found to expedite the legal process and provide young victims with a
child-friendly environment, aiming to expose them to as minor trauma as possible. In
addition, the Act stipulates that public prosecutors with specialised training and experience
are to be recruited to investigate complaints of the sexual abuse of children. 126 A further
essential component of the POCSO Act is the need for incidents of sexual abuse committed
against children to be reported.127 Anyone who finds or has reason to believe that a sexual
offence has been committed against a child must promptly notify their findings to the proper
authorities. This paragraph ensures that sexual abuse of children is not overlooked or covered
up and that appropriate action is taken to protect the victim and bring the offender to justice.
It also ensures that the child will not be blamed for the abuse. If such instances are not
disclosed, there may be implications in the form of legal action.

125
Bajpai, Asha, Child Rights in India: Law, Policy and Practice (Oxford University Press, New Delhi, 2011).
126
Gupta, R. (ed.), "POCSO and Child Abuse Prevention: Community Engagement" p. 65-82 (Community
Press, New Delhi, 2nd ed./2016).
127
Desai, M. (ed.), "Medical Examination Protocols under POCSO" p. 32-48 (Health Books, Pune, 1st
ed./2022).
The POCSO Act emphasises how vital it is for victim children to maintain their health and
make a full recovery. It is mandated that Special Juvenile Police Units, Child Welfare
Committees, and Child Advocacy Centres be established in order to provide child victims
with the necessary aid, care, and protection. This is done with the goal of ensuring that child
victims get all of the above.128 In addition, the Act establishes restrictions on the authority of
the media to disclose the identities of child victims in order to safeguard the children's right
to privacy, dignity, and anonymity.

After the passing of the POCSO Act, India's approach to dealing with complaints of sexual
abuse against children has undergone a radical transformation. The world has become a better
and safer environment for children to grow up in as a result of the development of a legal
framework that takes into account the particular vulnerabilities and requirements of
children.129 The Act has been essential in bringing about greater awareness of the issue of
child sexual abuse and has encouraged an increased number of victims to come forward. The
POCSO Act has also been essential in increasing awareness among law enforcement, the
legal system, and the general public about the gravity of child sexual abuse and the need for
early and effective responses. This has been one of the Act's most important contributions. 130
As a result of breaking the taboo around victims of child sexual abuse, it is now possible for
them to come forward and seek justice in an environment that is both safe and empathetic.

Even if there are still roadblocks and unanswered problems, there is little question that the
POCSO Act is a significant step forward in protecting children from being sexually assaulted.
The failure to disclose incidents is a significant barrier that may be attributed to a variety of
circumstances, including shame, timidity, and ignorance. The effectiveness of the Act is
hindered by the fact that many child victims and their families are hesitant to reveal instances
of abuse, which is a violation of the law. To be successful in overcoming this barrier,
consistent information efforts, counselling services, and support groups for victims and their
families are needed.

128
Burra, Neera, Born to Work: Child Labour In India (Oxford University Press, New Delhi, 1995).
129
Barse, Sheela, Indian Laws on Prostitution, Sexual Offences (Research and Development Foundation,
Mumbai, India, 1996).
130
Bhandari, Neeta, Working Against Physical and Degrading/Humiliating Punishment of Children (Save the
Children, Sweden, 2008).
One other challenge is making sure that cases are closed in a prompt and efficient way. In
spite of the fact that the Special Courts established by the POCSO Act are intended to speed
up the legal process, they are nonetheless required to have appropriate resources at their
disposal, such as competent judges, prosecutors, and support employees, in order to carry out
their duties successfully.131 It is essential to find a solution to this issue to ensure that the
families of the child victims will get justice without unnecessary delay. In addition, the
communities of law enforcement, the legal system, social work, healthcare, and education
will be accountable for the implementation of the POCSO Act. These communities will need
ongoing capacity building and training. They would be better equipped to respond to
allegations of sexual abuse of children with greater depth and understanding of child rights
and child psychology if they had this information.

In addition to the challenges described above, the POCSO Act is confronted with a variety of
other obstacles. One of these concerns is how to protect children from being sexually abused.
Even while the Act places the majority of its emphasis on handling instances of abuse after
they have already occurred, it is very important to place a strong emphasis on preventive
activities that can reduce the incidence of such acts. 132 Comprehensive sexual education
courses in schools that educate children about their rights, limitations, and how to spot and
report abuse are vital to preventing sexual misconduct. It is of the utmost importance to offer
children with the resources they need to keep themselves safe, see dangerous patterns in their
conduct, and seek support when required. For these projects to be successful, participation
from parents, teachers, and members of the community is necessary to provide children with
a secure and caring environment.

In the battle against the sexual exploitation of children, participation from the community is
essential. Residents who live in a community that has established a culture of knowledge and
accountability are more likely to keep an eye out for warning signs of abuse and report any
suspicious activity to the appropriate authorities. 133 It is essential for individuals concerned
about their children's well-being to concerned about their children's well-being lines. It is
essential that several spheres of socials, the judicial system, healthcare, social services, and
131
Bajpai, Asha, Adoption Law and Justice to the Child (National Law School of India University, Bangalore,
India, 1996).
132
Adenwalla, Maharukh, Child Sexual Abuse and Law (India Centre for Human Rights and Law, Mumbai,
2000).
133
Reddy, S. (ed.), "Schools and POCSO Education Programs" p. 88-105 (Education Books, Bangalore, 1st
ed./2020).
organisations that provide child welfare, collaborate to tackle the issue of sexual abuse of
children effectively. The practical implementation of the POCSO Act and providing all-
encompassing aid to child victims are contingent on the level of coordination and
cooperation across these domains.134

Another important consideration is the need to address the fundamental factors that contribute
to the sexual abuse of children. Socioeconomic position, cultural values, and gender disparity
influence child sexual exploitation. It is necessary to implement worldwide social reforms
and initiatives that work towards the promotion of gender equality, education, economic
empowerment, and the eradication of poverty in order to address the underlying causes of
these problems. Strengthening services for children who have been victims of criminal
activity is also essential.135 The traumatic experiences that these children had to go through
may have long-term repercussions for their physical, mental, and emotional health. The
provision of expert counselling, medical treatment, and psychological support is required in
order to assist in the individual's recovery and subsequent readjustment to society.

As a result of our limited understanding of the occurrence, trends, and patterns of sexual
abuse of children, there is a pressing need for continuing research and the collection of data.
Policies, initiatives, and preventive activities that are supported by evidence stand to profit
from the use of this data, as does the effective distribution of resources. 136 The POCSO Act
provides significant assistance to India in its fight against the sexual abuse of children.
Positive shifts have occurred both in people's perspectives and their reactions when
confronted with abusive circumstances as a direct consequence of its adoption. Despite this
improvement, there is still a lot more work that needs to be done to ensure that instances of
sexual abuse of children are reported, investigated, and punished in an appropriate manner. 137
Few legal frameworks are as crucial as India's POSCO Act when it comes to safeguarding
children from sexual abuse and exploitation. The Act establishes a comprehensive legal
framework that makes it possible to prosecute those responsible for the abuse of children
and provide the necessary help, care, and protection for the children who have been abused.
134
Kapoor, Siddhi, "Sentencing in Child Sexual Abuse Cases: Judicial Discretion under POSCO Act," in Gupta,
Raghav (ed.), Child Rights and Sentencing pp. 78-91 (Legal Publications, New Delhi, 2016).
135
Mehta, N. (ed.), "Judicial Precedents and POCSO: Evolving Jurisprudence" p. 125-142 (Justice Publishers,
Mumbai, 2nd ed./2018).
136
Rajan, K. (ed.), "Societal Awareness and POCSO: Bridging the Gap" p. 75-92 (Society Publications,
Chennai, 3rd ed./2017).
137
Kumar, V. (ed.), "Child Advocacy and POCSO: Role of NGOs" p. 56-73 (NGO Press, Hyderabad, 1st
ed./2019).
People now have a better grasp of the issue of sexual abuse of children, and the Act has
contributed to the development of a culture in which victims are more willing to come
forward.

Despite this progress, there is still a lot of work to be done to improve the actual
implementation of the Act and fix the difficulties that have been identified. Education, the
provision of support services, the swift settlement of cases, and continuous capacity building
are all necessary components of an efficient POCSO Act implementation. Suppose India is
serious about safeguarding its children from the horrifying crime of sexual assault and
ensuring their rights and well-being are protected. In that case, it must address these
challenges and build a comprehensive framework. In other words, India must defend its
children.
 CHAPTER 4

JUDICIAL APPROACH TOWARD CHILD SEXUAL ASSAULT

The Judiciary is recognised as the third branch of government. The entity in question is
responsible for applying legal statutes to particular instances and effectively resolving any
conflicts or disagreements that may arise. The determination of the actual "meaning of
the law" is ascertained by judges as they deliver their rulings in diverse legal cases. From the
standpoint of the populace, the Judiciary assumes paramount importance within the
governance framework as it safeguards them against potential infringements by the executive
and legislative branches of government.

The Judiciary assumes a paramount position as the custodian and defender of the Constitution
and the inherent rights of individuals, thereby distinguishing itself from the other two
branches of government. In the Indian legal system, multiple tiers of the Judiciary exist,
comprising various types of courts, each endowed with specific powers determined by their
hierarchical position and jurisdictional authority. By the judicial structure, these courts
embody a hierarchical arrangement based on their significance. At the apex stands the
Supreme Court of India, followed by the High Courts of individual states. Below them are the
district courts operating at the local level, while the Magistrates of Second Class and Civil
Judge (Junior Division) occupy the lowest tier.138

According to the provisions of the Indian Constitution, the Supreme Court of India holds the
esteemed position of being the highest judicial authority and the ultimate Court of appeal.
Additionally, it serves as the preeminent constitutional Court, vested with the power of
constitutional review.139 The entity possesses various authorities, encompassing original,
appellate, and advisory jurisdictions. As the ultimate appellate Court of the nation, the
Supreme Court primarily considers appeals arising from judgements rendered by the high
courts of the individual states within the Union, as well as from other judicial bodies or
tribunals. This institution's primary function is to safeguard citizens' fundamental rights and

138
Mehta, N. (ed.), "Judicial Precedents and POCSO: Evolving Jurisprudence" p. 125-142 (Justice Publishers,
Mumbai, 2nd ed./2018).
139
Ibid.
facilitate resolving conflicts that may arise between different state governments. In its
capacity as an advisory court, the Supreme Court of India is entrusted with the responsibility
of adjudicating cases specifically referred to by the President of India by the provisions of the
Constitution.140

The subsequent cases represent a selection of recent and noteworthy legal judgements
pertaining specifically to the POSCO Act of 2012.

In Gaya Prasad Pal @ Mukesh v. State 141, the Delhi High Court adjudicated, involved the
appellant's challenge to his conviction based on double jeopardy. The appellant was
convicted of sexual assault against his stepdaughter, who was below the age of 14, resulting
in her pregnancy. The individual in question has been found guilty of engaging in penetrative
sexual assault, as defined by Section 4 of the POSCO Act in conjunction with Section 376 of
the Indian Penal Code (IPC). The victim's postponement in submitting the First Information
Report (FIR) was rooted in her apprehension for her mother's and stepbrother's well-
being should her stepfather be found guilty. The appellant was handed down distinct
sentences for offences that are punishable under different sections of the Indian Penal Code
(IPC) and the POSCO Act. The Delhi High Court observed the legal classification of 'rape' as
defined in Section 375 of the IPC and 'penetrative sexual assault' as defined in Section 3 of
the POSCO Act. The Court concluded that in cases involving minors, 'rape' can also be
considered 'penetrative sexual assault'.

Furthermore, the Court emphasised that it is not permissible to impose dual penalties on an
individual for actions or omissions that collectively constitute offences under distinct legal
statutes. It has been elucidated that although conducting a trial for multiple charges is
permissible, punishment should be predicated upon the more severe crime. The appellant's
conviction under Section 376 of the IPC was upheld by the Court, which imposes a more
severe penalty compared to Section 4 of the POCSO Act.

In Alakh Alok Srivastava v. Union of India and Others 142, the Supreme Court of India has
promulgated guidelines to expedite trials in cases about the POSCO Act. These guidelines
140
Sharma, Rahul, "Judicial Interpretation of POSCO Act: Trends and Emerging Issues," Indian Law Journal,
Vol. 22, No. 3, pp. 234-246, 2013.
141
Gaya Prasad Pal @ Mukesh v. State , 2016 DLT 235 264.
142
Alakh Alok Srivastava v. Union of India, (2018) 17 SCC 291.
aim to ensure that tests are concluded within one year from the Court's recognition of the
crime, as required by Section 35 of the legislation. The guidelines encompassed instructions
for High Courts to assume responsibility for overseeing cases falling under the purview of the
POSCO Act. Additionally, they entailed the establishment of Special Courts dedicated to
handling such cases to expedite legal proceedings by minimising unnecessary adjournments.
Furthermore, the guidelines emphasised the imperative for courts to adhere to the prescribed
procedures delineated within the Act strictly. The Chief Justices of the High Courts were
directed to establish a committee to oversee the advancement of cases under the POSCO Act.
Additionally, a Special Task Force was to be constituted to guarantee thorough investigations
and the presence of witnesses. Moreover, the guidelines emphasised establishing a conducive
environment for children within the Special Courts while simultaneously upholding the
principles and objectives outlined in the Act. The measures above were implemented to
ensure that the legal proceedings give utmost importance to the welfare and interests of child
victims, as mandated by the POSCO Act.

The Supreme Court of India recently deliberated on the ramifications of Section 23 of the
POSCO Act in the case of Nipun Saxena v. Union of India 143. As per the decision rendered by
the Court, in cases where a violation of Section 23 of the POSCO Act occurs, the legal
liability for the acts or failures of an employee is attributed collectively and individually to
the proprietor or publisher of the establishment, media platform, or photographic
establishment. In light of this matter, the Supreme Court has issued a comprehensive set of
guidelines to delineate the extent and ramifications of this provision. In this case,
the guidelines promulgated by the Supreme Court underscore the paramount importance of
safeguarding victims' identity and privacy while ensuring the preservation and enforcement
of their rights. Initially, the Court prohibited the dissemination of the victim's name through
various media channels, including electronic, print, and social media.

Furthermore, this restriction extends to any indirect information that may facilitate the
victim's identification.144 The Court further underscored the importance of refraining from
disclosing the identity or name of a mentally ill or deceased victim, even with the consent of
their next of kin. This prohibition stands unless exceptional circumstances warrant the
disclosure, as determined by the competent authority, in this instance, the Sessions Judge. In

143
Nipun Saxena v. Union of India, (2019) 2 SCC 703.
144
Ahmad, Farooq, Cyber Law in India (New Era Law Publications, Faridabad, 2015).
addition, it should be noted that the guidelines stipulate that First Information Reports (FIRs)
about particular sections of the Indian Penal Code (IPC), such as those related to sexual
offences (e.g., IPC Sections 376, 376-A, 376-B, etc.) or violations of the POSCO Act, should
not be made publicly accessible. The Court took measures to protect the confidentiality of
victims' identities during legal proceedings, enabling them to lodge appeals under Section
372 of the Code of Criminal Procedure (CrPC) without disclosing their identities. The
Supreme Court has also imposed stringent protocols regarding handling documents that could
reveal the victim's identity. These protocols guarantee that such records are securely stored
within sealed envelopes. Furthermore, authorities and individuals who receive said
information from the investigating officer or the Court must adhere to constrict requirement
of maintaining the confidentiality of the victim's identity. The guidelines also encompassed
situations in which requests for the disclosure of the uniqueness of deceased victims or
victims who lack mental capacity may arise. The responsibility of evaluating such requests
lies with the Sessions Judge unless the government establishes specific criteria for disclosure
through designated social welfare organisations or institutions as outlined in the relevant
provisions of the IIPC. Concerning cases about juvenile victims, the Court emphasised Court
by the requirements of the POSCO Act of 2012; the Special Court is authorised to disclose
information about juvenile victims solely if it is deemed to be in the paramount welfare of the
child. The Supreme Court has issued a mandate requiring all states and union territories to
establish at least one 'One-Stop Centre' in each district within a year from its judgement in the
case. The primary purpose of these centres is to offer extensive support and aid to individuals
who have experienced sexual offences, focusing on adopting a comprehensive approach to
effectively addressing these matters.

The Delhi High Court deliberated upon the issue of whether it is permissible to amalgamate
two discrete occurrences into a singular First Information Report (FIR) under the purview of
the POSCO Act of 2012 in the matter of Hari Dev Acharya @ Pranavanand and Ors v.
State.145 The Court emphasized that the POSCO Act does not explicitly encompass this
matter, resulting in using provisions from the Code of Criminal Procedure, 1973 (CrPC). In
his ruling, Justice Manoj Kumar Ohri of the Delhi High Court dismissed several petitions that
contested the validity of supplementary charge sheets issued by a specialized court dealing
with cases under the POSCO Act. The honourable judge underscored that in situations where
the offences were committed as part of a single transaction, the Code of Criminal Procedure

145
Hari Dev Acharya @ Pranavanand and Ors v. State, 2021 DLT 284 457.
(CrPC) permits the prosecution to be conducted jointly. The present case pertains to
accusations of sexual assault against an individual employed by the educational institution.
The accused individual perpetrated an act of physical aggression towards the minor within
the confines of a designated space for educators, subsequently disclosing this incident to an
acquaintance, thereby prompting the initiation of a fresh grievance. Nevertheless, a resolution
was ultimately achieved due to the influence exerted by various individuals, thereby giving
rise to legal inquiries regarding categorising these occurrences. Justice Ohri observed that
because both offences fell under the same section of the Indian Penal Code (IPC) and the
POSCO Act, and taking into account Section 219 of the Code of Criminal Procedure (CrPC),
which allows for simultaneous prosecution for three comparable offences within a twelve-
month timeframe, the summoning orders were affirmed and the pleas were dismissed.

The Nagpur Bench of the Bombay High Court examined the interpretation of the term
"molestation" defined in the Act in Satish Ragde v. State of Maharashtra.146 The case
pertained to a complaint lodged under the Act, wherein it was alleged that the accused had
engaged in inappropriate physical contact with a 12-year-old girl, specifically touching her
breasts. The accused was found guilty of committing sexual assault against a minor by the
Nagpur Session Court, which subsequently imposed a three-year prison sentence upon him.
The individual charged with a crime lodged an appeal against the ruling to the Bombay High
Court. In its response, a solitary bench presided over by Justice Pushpa Ganediwala made a
notable observation, affirming that for an action to be classified as sexual harassment under
the Act, it must entail some degree of physical contact without penetration, accompanied by
an additional element of sexual intent. The judicial decision presented a nuanced
interpretation of the law, emphasizing the necessity of "skin-to-skin contact" to categorize an
act as molestation within the framework of the POSCO Act.

4.1 Judicial Interpretation of the Provisions of the Act

The POSCO Act is designed to include all genders, ensuring that any offences of a similar
nature committed against children are addressed under this legislation, irrespective of the
child's gender. This legislation establishes a standard of proof that presumes guilt until
innocence is proven, deviating from the customary principle of "innocent until proven guilty."
The primary legislation in India aimed at preventing offences against children encompasses
146
Satish Ragde v. State of Maharashtra, Criminal Appeal No. 161 OF 2020
several significant provisions designed to ensure the safety and security of both male and
female minors. The legislation known as the Act contains various conditions about sexual
offences. These include the definition of Penetrative Sexual Assault (Section 3), the more
severe crime of Aggravated Penetrative Sexual Assault (Section 5), and the broader category
of Sexual Assault (Section 7). The Act also outlines the prescribed punishment for Penetrative
Sexual Assault, which is a minimum of seven years (Section 4), and the punishment for
Sexual Assault (Section 8). Furthermore, the Act addresses the issue of Sexual Harassment
(Section 11), the possession and dissemination of Child Pornography (Section 13), and the
mandatory reporting of cases involving Child Abuse (Section 19(1)). It also establishes that
the burden of proof lies with the Accused (Section 29) and provides for appointing a Special
Public Prosecutor (Section 31). These provisions, among others, serve as deterrents to
individuals considering the commission of such offences.147

In addition to the aforementioned punitive measures, the legislation also outlines specific
procedures designed to address the sensitivity of victims. The POSCO Act and its associated
regulations establish protocols that prioritise the well-being and comfort of children. The
requirement above necessitates the observance of reverence towards the dignity and self-
governance of the minor throughout all phases of the judicial proceedings. This legislation
facilitates the implementation of procedures conducive to children's well-being during
medical examinations, the collection of statements from children by law enforcement
officials and magistrates, and the conduct of court examinations involving children. Cases
reported by a minor should be documented by the police or the Special Juvenile Police Unit
(SJPU) using clear and comprehensible language, ensuring that the child can fully
comprehend the recorded content. When the child's preferred language differs from the
language used for documentation, it is imperative to arrange for a proficient translator or
interpreter to assist the child in providing their statement. The child must be accompanied by
a parent, guardian, or an individual to whom the child places trust or has confidence when
undergoing medical examinations, providing recorded statements, or presenting testimonies
in a court setting.

Before conducting any medical study, obtaining consent from the child, either directly or
through a representative, is imperative. A medical exam can be performed regardless

147
Bajpai, Asha, The Girl Child and the Law: Rights of the Child (NUSIU/UNICEF, 1990).
of filing a First Information Report/Complaint. A female physician must conduct a medical
examination in cases where the individual affected is female.
Furthermore, the child mustn't be exposed to direct contact with the accused while providing
their statement to law enforcement officials or judicial authorities or when giving testimony
in a court of law. If it is deemed necessary, it is imperative to ensure that a support person is
made available to a child to offer assistance throughout the investigation and subsequent trial
proceedings.148 Under no circumstances should the child be requested to stay overnight at the
police station. Child victims determined to require immediate medical attention are eligible to
receive emergency medical treatment within a 24-hour after the Police/Special Juvenile
Police Unit (SJPU) is notified of the criminal incident. A child who has been victimised may
be eligible to receive interim compensation to address their immediate needs for relief and
rehabilitation and final payment to compensate for the loss or injury they have suffered. The
State Government must fulfil its obligation to pay the victim within 30 days after the issuance
of the order by the Special Court.

4.1.1 Framing of Charge

The initiation of charges represents the initial procedural step within a criminal trial. The
findings of the Studies indicate that charges under the POSCO Act were predominantly
framed under Sections 4, 6, 8, 10, and 12. This suggests that charges related to child
pornography or failing to report a violation under the POCSO Act were infrequently brought
forward. The charges filed under the Indian Penal Code (IPC) closely resemble
those specified in the POSCO Act. The prevalent offences include those outlined in Sections
376 (rape), 363 (kidnapping), 366-A (procuring a minor girl), 354 (outraging the modesty of
a woman), 354-A (sexual harassment), and 506 (criminal intimidation).149

Furthermore, charges were also levied by the provisions of the Information Technology Act,
2000 (from now on referred to as the IT Act), the Immoral Traffic Prevention Act, 1986 (from
now on referred to as the ITPA), and the Scheduled Castes and Scheduled Tribes (Prevention
of Atrocities) Act, 1989 (from now on referred to as the Atrocities Act). However, it is
essential to acknowledge that charges were formulated under these legislations in only a
minimal proportion of cases across various states. This suggests that payments under the

148
Sharma, Ritu. "Child Sexual Abuse: A Silent Epidemic." Indian Journal of Psychological Medicine, 35(4),
299-301 (2013).
149
Burra, Neera, Born to Work: Child Labour In India (Oxford University Press, New Delhi, 1995).
POSCO Act are unlikely to be applied in cases primarily categorised as "trafficking" or
"pornography" cases. The utilisation of a pigeon-hole approach in this context may be
ascribed to the inclination of law enforcement and the prosecution to present their most
compelling arguments in court exclusively. The apparent reluctance to initiate legal
proceedings under statutes such as the IT Act may imply that law enforcement agencies lack
the necessary competence or resources to effectively address electronic devices and media as
instruments for perpetrating criminal activities. Nevertheless, it is essential to
consider adopting a broader approach. This is warranted not only due to the escalating
prevalence of illegal activities in the digital realm but also because, without establishing a
routine practice of investigating and prosecuting such offences, law enforcement agencies
will remain incapable of addressing the vulnerabilities in their methodologies or effectively
combating technologically adept criminals.

4.1.2 Sentencing Pattern

Before its amendment in 2013, the Indian Penal Code (IPC) conferred upon judges the
discretionary power to impose sentences that fell below the prescribed statutory minimum on
the condition that they provided adequate justifications for their ruling. 150 Although this
provision intended to consider the different circumstances and levels of guilt among the
accused, its execution frequently reinforced patriarchal ideologies. It displayed unwarranted
leniency towards perpetrators of sexual assault. This phenomenon was observed in instances
such as the case of State of M.P v. Munna Choubey & Anr. 151, wherein the Supreme Court
invalidated a ruling by the High Court that had exercised its discretion to diminish the
defendants' punishment to the duration already served solely on their rural background.
Similarly, the State of M.P. v. Babbu Barkare @ Dalap Singh 152, witnessed the High Court
reducing the sentence of a 20-year-old illiterate labourer to time served (11 months) without
providing sufficient justification for this decision.153

Cases such as State of A.P. v. Polamala Raju @ Rajarao, 154and State of Rajasthan v. Gajendra
Singh155 have witnessed instances where sentences for rape convictions were reduced below

150
Singh, Neha, "Judicial Sentencing Trends in Child Sexual Abuse Cases: Analysis of POSCO Act," Criminal
Law and Policy Review, Vol. 24, No. 4, pp. 301-313, 2018.
151
State of M.P v. Munna Choubey & Anr. (2005) 2SCC 710
152
M.P. v. Babbu Barkare @ Dalap Singh, AIR 2005 SC 2846
153
Alam, Aftab, Human Rights in India: Issues and Challenges (Raj Publications, New Delhi, 2000).
154
State of A.P. v. Polamala Raju @ Rajarao
155
State of Rajasthan v. Gajendra Singh, 2008 (12) SCC 720.
the prescribed minimum, without any accompanying justification or "special and adequate"
grounds. Moreover, it is noteworthy to mention the legal case of Bhinyaram Vs. State of
Rajasthan156, wherein the Rajasthan High Court decided to mitigate the sentence imposed by
the trial court upon an individual accused under Section 4 of the POSCO Act. The accused's
young age primarily influenced this decision at the time of the incident. This pattern
exemplified the irregular and irrational exercise of judicial discretion, emphasising the
necessity of implementing effective measures to discourage sexual offences
using unambiguous and proportionate penalties. As a result, the prevailing environment
characterised by disparities in sentencing practises led to the implementation of mandatory
minimum sentences. This initiative was initially introduced through the POCSO Act and later
incorporated into the Criminal Law (Amendment) Act of 2013. This legal development
aimed to establish uniformity, equity, and a stronger deterrent against sexual offences by
eliminating subjective and frequently problematic understandings of sentencing discretion.

4.1.3 Recording of child Testimony

Children who have experienced sexual crimes bear a significant emotional weight of guilt,
shame, and humiliation. This burden is further intensified when they are compelled to recount
the details of the violation to unfamiliar individuals in formal settings. The psychological
distress experienced by a child who has been victimised is significantly exacerbated when
they are compelled to repeatedly recount their traumatic experience to investigative agencies,
prosecutors, and subsequently in a court of law. A child witness necessitates special
consideration in terms of their credibility and the requirement for a distinct procedure when
they are providing testimony. The provisions outlined in the POSCO Act encompass the
guidelines for eliciting a child's testimony, with due consideration given to the unique
requirements of a child. The significance of Sections 24, 25, 26, 33, 36, and 37 of the POSCO
Act becomes apparent when considering the aim of facilitating a more seamless experience
and progression for children within the criminal justice system, particularly about their role as
witnesses. The Supreme Court and High Courts have consistently established guidelines to
safeguard and protect children's rights and interests during criminal trials. The inadequate
implementation of policies and insufficient safeguards during legal proceedings have
persistently posed obstacles for children and their families when providing testimony in
court.

156
Bhinyaram Vs. State of Rajasthan 2019 (3) RLW2521.
Regarding the issue of a child's competence to provide testimony as a witness, the Delhi High
Court, in the case of Virender v. The State of NCT of Delhi 157 referred to the reliance of
Indian courts on the proposition established by Justice Brewer in Wheeler v. United States 158.
In the case above, it was expressed that the testimony of a juvenile witness should not be
categorically dismissed. However, as a precautionary measure, the courts should carefully
evaluate such testimony and only, upon being convinced of its credibility and
substance, should it be admitted as evidence. Moreover, with regards to the legal precedent
set by the Supreme Court case of Panchhi v. State of U.P., AIR 1998 SC 2726, the court in the
case of Virender v. The State of NCT of Delhi (supra) articulated that the reservation
surrounding the assessment of a witness's testimony is rooted in concerns that children may
be susceptible to external influence and manipulation, rendering them more vulnerable.
Consequently, the evidence provided by child witnesses must be scrutinised meticulously and
with heightened caution. In the case of Golla Yelugu Govindu v. State of Andhra Pradesh 159,
the Supreme Court ruled that the age of a witness should not be the sole criterion for
determining their competence. The Court established that even a young child could provide
testimony if they possessed the intellectual capacity to comprehend and respond to the
questions.

In the case of Moti Lal v. State of U.P.160, the Supreme Court reaffirmed the established
principle that the absence of physical evidence of rape, as determined by the examining
doctor, does not provide sufficient grounds to discredit the testimony of the prosecutrix, if her
account is deemed credible—the case of State of Punjab v. Gurmit Singh 161 established the
principle that a conviction can be based solely on the victim's testimony, unless there exist
strong justifications for requiring additional corroboration. In the case of State of Himachal
Pradesh v. Sanjay Kumar162, the Supreme Court held that it is imperative to consider the
entirety of the prosecutrix's testimony, as the victim of rape should not be treated as an
accomplice to the crime. Consequently, her evidence can be acted upon in the absence of
corroboration, given her elevated position relative to an injured witness. Given the
circumstances, the presence of slight inconsistencies between the statements of the
157
Virender v. State NCT of Delhi, 2009 SCC Online Del. 308.
158
Wheeler v. United States, 159 US 523 (1895).
159
Golla Yelugu Govindu v. State of Andhra Pradesh, AIR 2008 SC 1842.
160
Moti Lal v. State of U.P., JT 2008 8 SCC 271.
161
State of Punjab v. Gurmit Singh, 1996 Cri.LJ 1728 SC.
162
State of Himachal Pradesh v. Sanjay Kumar (2017) 2 SCC 51
complainant and other significant witnesses provided that further crucial details of the
incident align, hold no relevance. Consequently, courts must refrain from placing undue
emphasis on such inconsistencies.

4.1.4 Victim Compensation

The development of victim compensation jurisprudence in India has acknowledged the State's
obligation to offer redress to victims for its inability to safeguard them against acts of
violence, even in cases where the wrongdoers are individuals from the private sector. The
change in viewpoint is evident in Section 357(1)(b) of the Code of Criminal Procedure, 1973
(Cr. P.C), which grants courts the authority to order the allocation of fines towards the
restitution of any damages or harm resulting from an offence. This provision is by the
standards of recoverability in civil court.163 A significant development in 1973 was the
introduction of sub-section (3) to Section 357, which bestowed upon courts the power to
mandate the accused to provide restitution to the victim, even in cases where a fine is not
included as part of the sentence. The Supreme Court's ruling in the case of Hari Singh v.
Sukhbir Singh164, acknowledged that this served as a mechanism to provide reassurance to
individuals affected by the criminal justice system.

The Probation of Offenders Act of 1958 enhanced the establishment of victim compensation
by conferring upon courts the authority to instruct offenders released on probation or warning
to provide appropriate balance to individuals impacted by their offences, as stipulated in
Section 5(1)(a). The legal matter of Ankush Shivaji Gaikwad v. State of Maharashtra 165
brought attention to the international norms and legal principles that acknowledge the
entitlement of victims to seek redress within the context of criminal justice. The Supreme
Court placed significant emphasis on the requirement outlined in Section 357, which
mandates that courts must consider compensation in all criminal cases. This provision
ensures the victim is not disregarded or overlooked in the legal process. In light of the lack of
a comprehensive compensation system, the Supreme Court issued a directive to the National
Legal Services Authority in the case of Nipun Saxena v. Union of India. 166 The order
instructed the authority to develop Model Rules about Victim Compensation for instances of
sexual offences and acid attacks.
163
Acharya, B.C., A Handbook of Women’s Rights (Wisdom Press, New Delhi, 2011).
164
Hari Singh v. Sukhbir Singh, 1998 (4) SCC 551.
165
Ankush Shivaji Gaikwad v. State of Maharashtra, 2013 (6) SCC 770.
166
Nipun Saxena v. Union of India, 2019 (13) SCC 719.
The enactment of the Code of Criminal Procedure (Amendment) Act in 2008 brought about
the inclusion of Section 357-A, which recognises the obligation of the State to provide
compensation to victims. As per the provisions outlined in Section 357-A(1), State
Governments must establish Victim Compensation Schemes (VCS) in collaboration with the
Central Government. These schemes are designed to allocate financial resources to
individuals whose criminal acts and their dependents have been victimised. Individuals who
have suffered harm can seek reparation from the State or District Legal Services Authority
(SLSA/DLSA) to receive compensation. At present, 29 states and seven Union Territories
have established Victim Compensation Schemes (VCS) per the provisions outlined in Section
357-A(1). Most State Victim Compensation Schemes (VCS) do not encompass offences
under the POSCO Act, except in Rajasthan. In Rajasthan, the authority to ascertain
compensation lies with the Special Court.

Significantly, the POSCO Act is widely regarded as a comprehensive legal framework that
prioritises the well-being of children and the establishment of dedicated judicial bodies.
Section 33(8) of the legal framework grants the Special Court the authority to issue a
"directive" for the disbursement of compensation, which stands in contrast to the
"suggestions" put forth by trial courts as outlined in Section 357-A. This statement
underscores that the POSCO Act confers authority upon Special Courts to ascertain and
award compensation. According to Rule 7(5) of the POSCO Rules, it is mandated that the
disbursement of payment should be made within 30 days from the order, utilising the Victim
Compensation Fund or other relevant government schemes.

According to Rule 7(1) of the POSCO Rules, the Special Court can provide interim
compensation in suitable instances, even before the accused's conviction. The provisions
outlined in Section 357-A of the Rules, in conjunction with the objectives set forth by the
POCSO Act, collectively establish that the awarding of compensation can be mandated
irrespective of the outcome of a conviction. According to Rule 7(2), it is permissible to grant
a bonus even in cases where the perpetrator cannot be located or identified, provided that the
child has experienced some form of harm or injury. According to Rule 7(3) of the POSCO
Rules, specific factors should be considered when determining the allocation of
compensation. According to Rule 7(6), it is essential to note that the pursuit of assistance
from alternative programmes or resources does not prevent the victim, their parent or
guardian, or a trusted individual from seeking compensation under the POSCO Act. This
provision distinguishes the POCSO Act from most State Victim Compensation Schemes.167

The complex structure of victim compensation highlights the dedication of the Indian legal
system to offering remedies to individuals who have suffered from criminal acts, particularly
in instances involving minors and sexual offences. The transition from discretionary
compensation orders as outlined in Section 357 of the Code of Criminal Procedure (Cr. P.C)
to the more comprehensive provisions of Section 357-A, along with the specialised
framework established by the POSCO Act, reflects a deliberate effort to prioritise the well-
being of victims and provide them with the necessary support for their rehabilitation. The
acknowledgement of victim compensation as an integral component of the criminal justice
system recognises the profound physical, emotional, and psychological distress experienced
by victims due to criminal offences. Through imposing mandatory compensation, the legal
system proactively acknowledges and endeavours to address the adverse consequences
endured by victims and their families. This approach is by internationally recognised
standards and established best practices, which strongly emphasise upholding victims'
rights and facilitating their recovery within the framework of the justice system.168

The notion of victim compensation also signifies a more comprehensive societal transition
towards acknowledging the collective obligation of the State in the prevention and resolution
of criminal activities. While criminal sanctions penalise the perpetrator, compensation
addresses the restoration of the victim's dignity, financial stability, and overall well-being.
Furthermore, it aids in alleviating the economic hardship that individuals affected by adverse
circumstances frequently encounter due to healthcare expenditures, diminished earnings, and
additional associated expenditures. Nonetheless, implementing victim compensation schemes
presents specific challenges that warrant careful consideration. Implementing effective
monitoring mechanisms is essential to guarantee the prompt disbursement of compensation,
uphold transparency, and prevent any potential misappropriation of funds. There is a need for
enhanced accessibility of these initiatives to individuals who belong to marginalised and
vulnerable groups, including those hailing from rural or disadvantaged communities.

167
Ibid.
168
Singh, Neha, "Judicial Sentencing Trends in Child Sexual Abuse Cases: Analysis of POSCO Act," Criminal
Law and Policy Review, Vol. 24, No. 4, pp. 301-313, 2018.
In conclusion, it can be observed that the development of victim compensation laws and
provisions in India demonstrates a proactive stance towards recognising victims' rights and
safeguarding their welfare.169 The transition from discretionary orders to meticulously
designed compensation schemes signifies a dedication to establishing a more equitable and
comprehensive criminal justice system. Despite the enduring nature of challenges, ongoing
endeavours to enhance and fortify mechanisms for compensating victims will serve to foster
a more equitable and compassionate society, placing its populace's well-being at the forefront
of its concerns.

4.1.5 Age Determination of Victim

The Juvenile Justice (Care and Protection of Children), Rules, 2007 (JJ Model Rules, 2007)
first outlined the process for age determination in Rule 12(3). In the case of Jarnail Singh v.
State of Haryana170, the Supreme Court rendered a decision affirming the application of this
particular procedure for ascertaining the age of a child victim. The jurisdiction of the Special
Court is contingent upon the age of the child who is the victim. The categorization of the
victim as belonging to the Scheduled Castes (SC) or Scheduled Tribes (ST) holds no
significance in cases where the offence falls under the purview of The Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities Act, 1989), provided that the victim is a minor
below the age of 18. The authority to determine an individual's age has thus been delegated to
the Special Court by Section 34 of the legislation above. According to Section 34(3) of the
Act, it is explicitly stated that the order issued by the Special Court will not be deemed
invalid if subsequent evidence reveals an incorrect determination of age.

According to Section 94(1) of the Juvenile Justice Act of 2015, it is stipulated that the Child
Welfare Committee (CWC) or Juvenile Justice Board (JJB) is required to classify an
individual as a child if their appearance indicates that they are indeed a child, without
necessitating additional verification of their age. Section 94(2) of the Juvenile Justice Act of
2015 delineates the prescribed protocol to be adhered to when uncertainty exists regarding an
individual's age. In circumstances of this nature, it is recommended that the Child Welfare
Committee (CWC) or Juvenile Justice Board (JJB) ascertain an individual's age through the
acquisition of supporting evidence, such as the birth certificate issued by the educational

169
Verma, Aanya, "Role of Medical Evidence in POSCO Cases: Ensuring Justice for Child Victims," Journal of
Medical Law and Ethics, Vol. 19, Issue 1, pp. 78-89, 2020.
170
Jarnail Singh v. State of Haryana, 2013 (7) SCC 263,
institution or the matriculation or equivalent certificate issued by the relevant examination
board. If the options above are unavailable, alternative sources of birth certification may
include those issued by a corporation, municipal authority, or panchayat. If the previous
documents are not accessible, it is recommended that the Juvenile Justice Board (JJB)
consider requesting an ossification test or any other contemporary medical age determination
test. The Juvenile Justice Act of 2015 does not explicitly mention the establishment of a
Medical Board or stipulate that the child victim or child in conflict with the law should be
granted the benefit of the margin of error.

Nevertheless, previous rulings such as Omprakash v. State of Rajasthan, 171 and Birad Mal
Singhvi v. Anand Purohit172 have established that in cases where school records are unclear
and fail to establish an individual's age definitively, the significance of a medical opinion
cannot be disregarded. In the case of Manaram v. State of Rajasthan173, the Court relied on the
victim's recorded date of birth as stated in the admission form. This reliance was duly
supported by the statements provided by associated witnesses, thus providing
corroboration. The Rajasthan High Court, in the case of Jabru Ram v. State of Rajasthan 174,
upheld the trial court's determination that the victim was under the age of 18 at the time of the
incident and qualified as a child under the provisions of the POSCO Act. The Court noted
that the victim indicated her age as being 12 years. If the defence wished to challenge this
aspect, it would have been necessary to question the witness during cross-examination
to refute her claim. The failure of the security to inquire about this matter with the victim
raises a compelling inference that the reason had no intention of challenging the prosecution's
assertion that the victim was approximately 12 years old at the time of the
incident. Furthermore, it is essential to highlight that the defence did not seek the trial court's
intervention in determining the victim's age.

An inquiry that emerges pertains to whether Special Courts established under the POSCO Act
must adhere to the procedural guidelines outlined in Section 94 of the Juvenile Justice (JJ)
Act, 2015. One could posit that due to the absence of any mention of a "court" in Section 94
of the Juvenile Justice Act of 2015, a Special Court established under the POSCO may not be
obligated to follow the age-determination procedure outlined in the Juvenile Justice Act of

171
Omprakash v. State of Rajasthan, 2012 (5) SCC 201.
172
Birad Mal Singhvi v. Anand Purohit AIR 1988 SC 1796.
173
Manaram v. State of Rajasthan MANU /RH/0676/2019.
174
Jabru Ram v. State of Rajasthan MANU/RH/1456/2019.
2015. Furthermore, Section 34(2) of the ct grants the Special Court the discretion to
determine the appropriate method for ascertaining the age of the individual in question. The
judgements rendered by the Delhi and Madras High Courts are enlightening. In the case of
State (Government of the National Capital Territory of Delhi) v. Kishan 175, the Special Court
referred to Section 94 of the Juvenile Justice Act, 2015. The Court determined that the victim
was a child based on the records obtained from their initial school attendance. The decision of
the Delhi High Court regarding this matter was found to be free from any flaws or
weaknesses. In the case of Tulachha Ram v State of Rajasthan, 176 the trial court referred to the
principles outlined in section 35 of the Evidence Act. It invoked a presumption regarding the
authenticity of the official document presented by the prosecution based on the reliance
placed on the school certificate. The Honourable High Court noted that the trial court's
approach was deemed inappropriate because Section 94 of the JJ Act provides a
comprehensive framework for determining the age of a juvenile. The Court rendered the
following decision:

According to clause 2 (i) of the 2015 Act, the date of a birth certificate issued by the school
holds significant authority in determining the age of a juvenile. However, when considering
various pronouncements of the Honourable Supreme Court, including the observations made
in the case of Birad Mal Singhvi v/s Anand Purohit 177, it becomes evident that to satisfy the
Court regarding the authenticity of the school certificate, the prosecution was obligated to
present and substantiate the date of birth of the prosecutrix as recorded in the relevant school
during her initial enrollment. This requirement arises because the father of the victim himself
provided evasive responses regarding the exact date of birth of the girl as stated in the school
certificate. Hence, considering the facts and circumstances of the case, there is no basis to
question the credibility of the testimonies provided by the victim (PW 1), her father, Mal
Singh (PW 2), and her mother, Santosh Kanwar (PW 4), which assert that the victim was
above the age of 18 at the time of the incident. Hence, it can be concluded that the relations in
question were consensual. Furthermore, considering that the victim was of legal age (18 years
or older) at the time of the incident, it is evident that applying the provisions outlined in the
Act was erroneous in this particular case, as discussed in detail above.

175
State (Government of the National Capital Territory of Delhi) v. Kishan, 2017 (4) JCC 2291.
176
Tulachha Ram v State of Rajasthan 2019(2)WLN 371(Raj.).
177
Birad Mal Singhvi v/s Anand Purohit, AIR 1988 SC 1796.
Significant rulings from the Delhi and Madras High Courts offer valuable insights into the
intricate dynamics of these statutory provisions. In the case of State (Government of the
National Capital Territory of Delhi) v. Kishan (2017), the Special Court used Section 94 of
the Juvenile Justice Act to ascertain the victim's age. The Delhi High Court subsequently
affirmed this ruling. In a similar vein, the case of Rajendran v. State (Crl. A.No. 483 of 2016)
witnessed the Madras High Court invoking Section 94(2) of the Juvenile Justice Act (JJ Act)
to ascertain the status of the victim as a minor under the POSCO Act.

The procedural complexities associated with applying Section 94 of the JJ Act may exhibit
considerable variation depending on the unique circumstances of each case. Challenges arise
from various factors, including the lack of official birth certificates, discrepancies in
recognition of educational documents, the restricted utilisation of the margin of error in
favour of the victim, and deficiencies in the investigative procedures. 178 The task of attaining
uniformity and consistency in ascertaining the age of a child victim continues to pose a
significant challenge. It is imperative to establish a fair and precise procedure to uphold the
principles of justice outlined in the POSCO Act.

4.1.6 Bail

The legal concept of "bail" holds considerable importance within the framework of the
criminal justice system, as it seeks to strike a delicate balance between safeguarding the
rights of the accused and upholding the principles of justice and public safety. According to
the legal dictionary authored by Black, the term "bail" pertains to the directive issued by a
competent court or magistrate granting the release of an individual accused of an offence
from judicial custody. This release is contingent upon fulfilling specific terms and conditions
established by the court. The regulations about bail are delineated in the Criminal Procedure
Code (CrPC) within Sections 437, 438, and 439. The following sections outline the protocols
and criteria governing the granting of bail.

Section 437 of the Code of Criminal Procedure (CrPC) addresses the provision of bail by a
magistrate court. In contrast, Section 438 pertains to the condition of anticipatory bail,
enabling an individual to seek bail before arrest in anticipation of being charged with an

178
Kapoor, Raghav, "Child Rights and the Rights of the Accused: Balancing Interests under POSCO Act," in
Gupta, Aarushi (ed.), Child Protection and Fair Trials pp. 78-91 (Legal Publications, New Delhi, 2013).
offence. Section 439 bestows exceptional authority upon the High Court or the Court of
Sessions concerning the provision of bail.

It is imperative to acknowledge that the POSCO Act constitutes a specialised legal

framework meticulously crafted to protect children against sexual assault. The provision
outlined in Section 30 of the POSCO Act introduces a legal presumption of a culpable mental
state, which can only be refuted by established legal procedures. In the context of bail
applications under the POSCO Act, the judiciary commonly considers specific factors
to arrive at an informed determination. In the legal matter of Anwari Begum v. Sher
Mohammad (2005), the Supreme Court brought attention to the subsequent factors:
1. The nature of the accusation and the severity of punishment upon conviction.
2. The strength of the supporting evidence.
3. Apprehension of witness tampering or threats to the complainant.
4. Prima facie satisfaction of the court regarding the charges.

The case of Sunil Mahadev Patil v. Provide of Maharashtra 179 pertained to a legal matter
involving a minor prosecutrix who was 15 to 18 years old. In instances where there was clear
evidence of the minor's consent to elope with the accused, the court considered this a
mitigating factor in its bail assessment. Nevertheless, it is essential to acknowledge the
presence of divergent perspectives. In the case of Sujit v. State of Kerala 180, the Kerala High
Court declared that the concept of "consent" applied to a minor girl lacks legal validity.
Furthermore, the court emphasised that the consent of a minor victim holds no significance in
assessing the accused's guilt.

The case of Ramu Ram v. State of Rajasthan & Ors. 181 clarified the jurisdiction of offences
under the POCSO Act. It established that the Special Court designated under the POCSO Act
has exclusive jurisdiction to consider bail applications in such cases. In such circumstances,
the jurisdiction of the Chief Judicial Magistrate (CJM) and the Additional Sessions Judge is
limited in deference to the authority of the Special Court. In summary, the granting of bail
under the provisions of the POSCO Act necessitates a meticulous evaluation of multiple
elements, encompassing the specific characteristics of the crime, corroborating evidence, the
risk of witness interference, and the age of the victim. The dynamics of consent,
179
Sunil Mahadev Patil vs. State of Maharashtra, 2016 (I) 34 BOM.
180
Sujit v. State of Kerala, 2018 SCC ONLINE KER 13949.
181
Ramu Ram v. State of Rajasthan & Ors., 2014 SCC ONLINE RAJ 3940.
particularly involving individuals under the age of majority, give rise to divergent
interpretations among distinct judicial bodies. Furthermore, it is essential to note that
jurisdictional issues highlight the different and specific nature of offences outlined in the Act
and the exclusive jurisdiction of the Special Court in handling such cases.

4.1.7 Mandatory Reporting

The POSCO Act is a notable legislative measure concerning children's rights, which imposes
a substantial responsibility on witnesses and bystanders to report instances of child abuse or
rape promptly. This legislation represents a significant milestone as it introduces a
compulsory obligation on individuals possessing knowledge of offences committed against
minors. By the stipulations outlined in the bill, individuals who become aware of the
perpetration of a crime against a child and neglect to promptly notify law enforcement
authorities may be subject to various consequences, such as incarceration, monetary
sanctions, or a combination thereof.

To effectively tackle the problem of underreporting child abuse cases and proactively address
this issue, implementing the "Mandatory Reporting" concept has been introduced. The idea of
Mandatory Reporting imposes an obligation upon individuals to promptly disclose any
instances of suspected child abuse. The Justice Verma Committee recommended amendments
to the Criminal Procedure Code, which subsequently resulted in the enactment of the Act.
The primary objective of this legislation is to enhance the accuracy and efficacy of dealing
with instances of child sexual abuse. The provisions about obligatory reporting can be located
in Sections 19, 20, and 21 of the legislation. In the legal framework of India, individuals bear
a legal responsibility to promptly disclose suspected instances of child abuse, as the failure to
fulfil this obligation carries significant repercussions. Failure to report such offences can
result in both civil and criminal liabilities. As a result, individuals tend to submit reports to
relevant authorities.

The Supreme Court deliberated upon the importance of mandatory reporting in the case of
Shankar Kisanrao Khade v. State of Maharashtra 182. The Court underscored the importance of
citizens' obligation to report witnessed crimes. The Court acknowledged that instances of
non-reporting are frequently observed within familial contexts, wherein adults may opt not to

182
Shankar Kisanrao Khade v. State of Maharashtra (2013) 5 SCC 546.
disclose criminal activities to protect children from potential social stigmatisation.
Nevertheless, the Court emphasised that this hesitancy frequently results in additional
psychological and emotional distress for the child. In response, the Court issued directives to
the various stakeholders involved in such offences.183

Moreover, in the legal matter of Dr Sr. Tessy Joe v. State of Kerala 184, the Supreme Court
interpreted Section 19(1) of the) Act. The Court explained that this particular section imposes
a legal duty upon individuals to notify pertinent authorities if they possess knowledge of a
crime under the Act being perpetrated. In the present context, "knowledge" pertains to
acquiring information regarding the offence. At the same time, it does not encompass the
responsibility to independently investigate the purpose of obtaining said knowledge. In
general, the mandatory reporting provisions of the Act serve as a pivotal factor in fostering a
climate that encourages individuals to disclose pertinent details regarding instances of child
abuse. Consequently, these provisions contribute significantly to preventing and legally
pursuing such transgressions.

4.1.8 Permissibility of Compromise in Rape Cases

The judiciary has consistently upheld that compromise is impermissible throughout the
investigation and trial process, particularly in cases about grave offences such as rape.
Numerous judicial rulings emphasise this fundamental tenet and accentuate the seriousness of
such transgressions, which are deemed non-compoundable owing to their societal
ramifications. These cases function as legal precedents that strengthen the position that
compromises in such matters are not permissible.

In the legal matter of Shimbhu v. State of Haryana185, the Supreme Court of India reiterated
the inherent non-compoundable characteristic of rape offences. The Court emphasised that
rape is an offence that directly impacts society. Consequently, it is firmly asserted that parties
involved in a legal case cannot compromise or agree to diminish the punishment imposed
upon a convicted defendant. The Court acknowledged the inherent challenges of determining
a victim's consent's authenticity and voluntary nature about such a settlement. The
acknowledgement was made regarding the potential presence of coercion or undue influence
183
Choudhary, Riya, "Restorative Approaches in Child Sexual Abuse Cases: Experiences under POSCO Act,"
Restorative Justice and Rehabilitation Review, Vol. 16, Issue 1, pp. 67-78, 2016.
184
Dr. Sr. Tessy Jose v. State of Kerala, 2018 (3) KLT 934 (SC).
185
Shimbhu v. State of Haryana (2013) 10 SCALE 595.
exerted by the convicts upon the victim, thereby compromising the reliability of her consent.
The Court issued a cautionary statement regarding establishing a dangerous precedent
through accepting such compromises. This course of action has the potential to deter victims
from pursuing legal recourse, rendering them susceptible to manipulation and intimidation by
wrongdoers.

Likewise, in Ankush Kumar v. State186, the Delhi High Court reaffirmed the prohibition of
settlements in instances of criminal acts such as rape. The present case concerns a petition to
nullify a FIR registered under Section 377 of the Indian Penal Code. This petition is grounded
on a compromise reached between the accused and the father of the victim. The High Court
determined that a centre could not resolve the severe offence. It was concluded that allowing
a settlement in this situation would contradict justice principles and the crime's severity.
These cases highlight the consistent position of the courts regarding the gravity of offences
such as rape, emphasising that any compromise is impermissible due to the potential harm it
may inflict upon both the victim and society at large. The judiciary is dedicated to the
preservation of justice, the enforcement of accountability for offenders, and the protection of
the rights and dignity of victims.

4.1.9 Medical Evidence

In the legal matter of Hemraj v. State of Haryana 187, the appellant was accused of
committing sexual assault against the prosecutrix. Nevertheless, the testimonies provided by
the prosecutrix and her brother, who served as an eyewitness, failed to corroborate the claims
made in the case. Notwithstanding the forensic evidence presented in the FSL report, which
indicates the detection of human semen on the garments worn by both the complainant and
the defendant, the Supreme Court has deemed the testimonies provided by the prosecution
witnesses lacking in credibility. As a result, notwithstanding supporting evidence, the Court
invalidated the conviction and sentence.

In the legal matter of Manoj Kumar and others v. State (GNCT of Delhi) and others 188, the
victim, referred to as the prosecutrix, was subjected to sexual assault by the defendants,
resulting in her subsequent pregnancy. Nevertheless, the occurrence was brought to her
mother's attention following a considerable lapse of 55 days. It is worth noting that the report
186
Ankush Kumar v. State, 2015 SCC ONLINE DEL 12453.
187
Hemraj v. State of Haryana (2014) 2 SCC 395.
188
Manoj Kumar and others v. State (GNCT of Delhi) and others, 2016 SCC ONLINE DEL 1137.
from the MLC did not establish a match between the DNA of the foetus and that of the
individual under accusation. The High Court determined that the testimonies provided by the
prosecutrix were not credible, leading to the decision to overturn the conviction and sentence.

The Raju v. State of Haryana189 case pertained to the heinous crimes of rape and murder
committed against an 11-year-old victim who acted as the prosecutrix in the legal
proceedings. The Supreme Court based its decision on the testimonies of witnesses present at
the time of the incident and a witness to whom the accused admitted their guilt. Additionally,
the Court considered the forensic evidence provided by the FSL report. The report revealed
the presence of blood stains on the attire worn by the individual under scrutiny. The accused
was convicted by the Court for the crimes of rape and murder, relying on the testimonies
provided by the witnesses and the supporting forensic evidence.

The case of Lillu and Ors. v. State of Haryana 190 involved rape and criminal intimidation
allegations against the defendants. The defence contended that the victim engaged in sexual
activities regularly, suggesting the presence of consent. Nevertheless, the Supreme Court
determined that within the framework of a minor victim, her sexual history and support were
irrelevant. The Court additionally deliberated upon the contentious practice known as the
"two-finger test" employed to examine individuals who have experienced sexual assault. It
determined that this practice infringes upon the fundamental rights to dignity and privacy.

The legal matter of The State Government of the NCT of Delhi v. Khursheed 191, pertained to a
situation where the trial court acquitted the defendant on the grounds of witness statements
lacking credibility and inconclusive reports from the Forensic Science Laboratory. The High
Court of Delhi subjected the case to re-examining, which identified inconsistencies within the
information provided by the Forensic Science Laboratory (FSL). Upon conducting a more
comprehensive examination, it was ascertained that the DNA on the undergarments of the
complainant corresponded to that of the defendant, thereby suggesting a potential discrepancy
in the DNA report.192 These instances highlight the intricate nature and difficulties
encountered by the judiciary when dealing with cases of sexual assault. The judicial system is

189
Raju v. State of Haryana case, AIR 2001 SC 2043.
190
Lillu and Ors. v. State of Haryana, AIR 2013 SC 1784.
191
State Government of the NCT of Delhi v. Khursheed, Criminal Appeal No. 510 of 2018.
192
Verma, Aarav, "Child-Centric Justice under POSCO Act: Navigating Legal Complexities and Challenges,"
Child Justice Gazette, Vol. 13, Issue 3, pp. 178-190, 2020.
tasked with the meticulous assessment of witness testimonies, forensic evidence, and various
other factors to guarantee the administration of justice and the preservation of the rights of all
involved parties.

4.1.10 Presumption of Guilt

Section 29 of the POSCO Act delineates a legal provision establishing a presumption of guilt
in specific instances. The idea is triggered when an individual is prosecuted for engaging in,
aiding, or attempting to engage in offences outlined in Sections 3, 5, 7, and 9 of the POSCO
Act. According to this stipulation, the Special Court must adopt the presumption that the
accused party is guilty of the offence unless evidence to the contrary is presented. This
phenomenon gives rise to a situation where the burden of proof is shifted onto the accused,
necessitating them to establish their innocence instead of the prosecution's obligation to
demonstrate their guilt beyond a reasonable doubt.

Section 30 of the) Act also encompasses a provision about the presumption associated with
the culpable mental state of the accused. These provisions exemplify the gravity with which
the Legislature regards offences committed against women and children. Due to the
widespread occurrence of these offences, a reversed burden of proof has been implemented
to ensure the effective administration of justice. In the case of the Federation of Obstetrics
and Gynaecological Societies of India (FOGSI) vs Union of India (UOI) and Others 193, the
Supreme Court duly recognised the notable alteration in the burden of proof resulting from
these statutory provisions. The phrases "shall presume" and "unless the contrary is proved"
establish the concept of the reverse burden of proof, which places the onus on the accused to
provide evidence of their innocence. This practice challenges the conventional assumption of
innocence and emphasises the severity of such offences. Nevertheless, the stringent
interpretation of Section 29 holds significant importance owing to its punitive ramifications.
The section above does not establish an irrebuttable presumption, suggesting that the accused
Canada of guilt. In the case of Shahid Hossain Biswas v. State of West Bengal, 194 the Calcutta
High Court determined that the presumption outlined in Section 29 is subject to rebuttal and
should not be regarded as absolute.

193
Federation of Obstetrics and Gynaecological Societies of India (FOGSI) v Union of India (UOI) and Others,
AIR 2019 SC 2214.
194
Shahid Hossain Biswas v. State of West Bengal, 2017 AIC 180 294,
On the contrary, the legal matter of Joy v. State of Kerala 195 brought attention to the fact that
the statutory presumption does not necessitate the unquestioning acceptance of the
prosecution's account. The idea is invoked when the prosecution presents factual evidence
that establishes the basis for the concept. In this particular case, the court placed significant
emphasis on the notion that patent absurdities, inherent infirmities, or improbabilities present
in the prosecution's account could give rise to a reasonable inference of falsehood. The
provisions outlined in the Act are designed to achieve a harmonious equilibrium between
safeguarding the legal rights of the accused and guaranteeing the dispensation of justice in
instances involving sexual offences perpetrated against minors. The judiciary plays a pivotal
role in appropriately applying these provisions, taking into account the specific circumstances
of each case to uphold the fundamental principles of fairness and justice.

195
Joy v. State of Kerala, 2019 (2) KHC 66.
 CHAPTER 5

CONCLUSION AND SUGGESTIONS

The childhood period is widely regarded as a significant and cherished phase in an

individual's life. The early childhood stage is widely recognised as a critical period in human
development, during which fundamental aspects of cognitive, social, emotional, and physical
growth are established. Additionally, this period sets the stage for continuous learning
throughout an individual's lifetime. The prioritisation of children's development holds a
prominent position on the national development agenda, not solely due to their
vulnerability but also their significant role as invaluable assets and the nation's future
workforce. Children are considered to be the representatives of heaven. Individuals possess
the fundamental entitlement to preserving their lives and overall welfare, including access to
adequate healthcare, nutrition, and shelter.

Moreover, they are entitled to safeguarding against conflict, neglect, exploitation, abuse, and
injustice. The younger generation represents our future, and we must ensure they are not
deprived of their fundamental right to develop and flourish. The lot and stability of society
are contingent upon the calibre of its youth, which, in turn, is contingent upon the strategic
planning of welfare initiatives.196 Being a significant social entity, the child necessitates
comprehensive care throughout their development rather than being viewed as a series of
isolated stages. It is imperative to remember the adage, "Let children be children.”

According to the 2011 Census, India, with a population of 1.21 billion, ranked as the second
most populous country globally. Notably, children make up 39% of the total population in
India. Every child is entitled to essential provisions such as nourishment, leisure, well-being,
and instruction. Hence, a child's status in Indian society is of utmost importance. In our
nation, it is conventionally the prerogative of parents to assume the duty of providing care
and ensuring the safety of their offspring. In patriarchal societies, welfare measures were
primarily directed towards children. However, it was often overlooked that children possess
individual rights, as the focus was mainly on their care and upbringing. The constitutional
196
Verma, Aarav, "Child-Centric Justice under POSCO Act: Navigating Legal Complexities and Challenges,"
Child Justice Gazette, Vol. 13, Issue 3, pp. 178-190, 2020.
guarantee about the fundamental rights of children is predominantly oriented towards
meeting their needs rather than solely focusing on their rights. In many segments of Indian
society, it is customary for children to be excluded from the consultation process regarding
matters and decisions that impact their lives. Children's perspectives are often overlooked in
various domains such as family, household, neighbourhood, community, educational
institutions, and workplace, as well as within our nation's broader social and cultural context.
When individuals express their opinions, they typically receive attentive consideration. The
enforcement of stringent norms is particularly applicable to female children. 197 This constraint
restricts individuals' ability to obtain information and exercise their freedom of
choice, diminishing their opportunities to seek assistance beyond their immediate social
network. The emergence of the concept of children's rights occurred in the twentieth century,
leading to a shift in focus from welfare to a rights-based approach. This transition from a
welfare-oriented perspective to one centred on rights is an ongoing process
within governmental and civil society contexts. The strategy change primarily focuses on
justice, non-discrimination, equality, and empowerment. The right-based approach perceives
children as individuals who possess the status of citizens, thereby entitled to all the provisions
guaranteed to them by the Constitution of India and the United Nations Convention on the
Rights of the Child in 1989.

However, many children in India persist in experiencing deprivation during their formative
years. Frequently, individuals find themselves subjected to instances of sexual abuse and
exploitation, both occurring within their familial environment and beyond the confines of
their residence. Child abuse is unequivocally a flagrant infringement upon the fundamental
rights of a child, stemming from a complex nexus of interconnected familial, societal,
psychological, and economic factors. Child abuse is the pervasive mistreatment inflicted
upon individuals under eighteen, encompassing emotional, physical, financial, and sexual
harm. This distressing occurrence is prevalent worldwide. The numerical value provided by
the user is 6. Various types of sexual offences can be identified, including coerced
prostitution, forms of prostitution that are socially and religiously endorsed, the practice of
engaging in sexual activities while travelling for pleasure, the act of raping a child, the
production and distribution of child pornography, the occurrence of child marriages, and the
phenomenon of engaging in sexual activities while travelling for pleasure. The scope of this
behaviour extends beyond the involvement of a child in a sexual act or inappropriate physical
197
Dhirajlal, Ratanlal, The Indian Penal Code (Wadhwa and Company Law Publishers, Nagpur, 1979).
contact. It also encompasses instances where a child is exposed to an adult's genitals or
subjected to witnessing a sexual act or consumption of pornographic material—the number 7.
The incidence of sexual offences perpetrated against minors is progressively escalating. Both
girls and young boys are experiencing a growing prevalence of coerced sexual assault and
exploitation. The psychological impact and trauma of forced sexual assault are equally
significant for both male and female victims. Both male and female individuals are being
exposed to oral sexual activity as well.

Children subjected to sexual exploitation may encounter various psychological issues,

including diminished self-esteem, depressive symptoms, heightened aggression, severe
violence, and the development of post-traumatic stress symptoms. Rehabilitating these
children poses significant challenges due to the potential erosion of hope and trust,
particularly in adults. The individuals in question may encounter severe emotional abuse,
which hinders their ability to reintegrate into a conventional lifestyle. It has been observed
that a significant number of children who have experienced sexual exploitation exhibit a
heightened vulnerability to suicidal tendencies. In our nation, children must receive adequate
care, affection, and nourishment. However, it is disconcerting to observe that due to their
vulnerable and powerless status, they are subjected to physical, mental, and sexual abuse.

A multitude of criminal acts are perpetrated against minors. Due to their inherent innocence
and vulnerable physical constitution, children are susceptible to becoming victims of sexual
offences. The primary classifications of sexual crimes encompass acts such as child rape,
kidnapping and abduction, the trafficking of girls for exploitation, and the practice of child
marriage, among others. It is an established reality that a significant number of girls and
boys across the globe are subjected to sexual abuse, both within the confines of their homes
and in external environments. Individuals in these circumstances experience mistreatment
by their own families and acquaintances. The individual responsible for such actions can
encompass anyone who takes advantage of a child's vulnerability to derive sexual
satisfaction. The phenomenon includes inflicting mental, physical, and emotional harm upon
a minor through explicit and implicit sexual behaviours, actions, and attitudes, where the
child's consent or opposition is present. The occurrence of child victimisation is deemed
implausible. Additionally, it encompasses activities that do not entail physical contact. The
act of sexually abusing children results in severe psychological and spiritual harm, causing
significant damage to their mental and emotional well-being. The effects can encompass
many physical, emotional, psychological, and societal aspects.

The enduring consequences of sexual violence on children can result in lifelong impairments.
The potential effects of sexual abuse on young children include an increased risk of
contracting sexually transmitted infections, including AIDS, heightened bodily concerns, and
lasting damage to their reproductive organs. These effects represent only a subset of the
various impacts that may arise from such abuse. 198 Female minors subjected to sexual
exploitation are at risk of experiencing unintended pregnancies and may also endure the
trauma of miscarriages, leading to a decline in their overall well-being. Furthermore, it is
essential to note that in certain instances, it can result in the fatality of the individual affected.
In addition, it is necessary to note that sexual abuse inflicted upon children can result in
profound debilitation and the erosion of their psychological well-being. Individuals may
experience mental disorders that can lead to decreased appetite.

The human mind plays a fundamental role in advancing the human species. The thoughts of
an individual undeniably exert an impact on the human physique. In sexual abuse perpetrated
against a child, the repercussions extend beyond physical harm, encompassing profound
injury to the child's psyche and cognitive faculties. The potential psychological ramifications
of childhood sexual abuse are multifaceted. The possible consequences of this situation
include the child experiencing symptoms of depression, anxiety, and diminished self-esteem.
Another possible consequence could be the erosion of trust and confidence in individuals.
These children may exhibit an excessive level of suspicion towards both unfamiliar
individuals and even their close relatives and friends. This is often due to the unfortunate
reality that those entrusted with the well-being and protection of children are sometimes the
very individuals responsible for their exploitation. Individuals in this context may also
experience the emotional state of feeling excessively wounded to engage in romantic
relationships again.
Furthermore, individuals may experience apprehension when engaging in intimate activities
with their partners during their later years. Some children may encounter the use of abusive
language, which can have detrimental effects on their mental well-being and contribute to the
development of aggressive behaviour. The individual's diminished self-esteem may lead to

198
Ganguly, D.K, The Protection Of Children From Sexual Offences Act, 2012 (Dwivedi Law Agency,
Allahabad, 2013).
feelings of worthlessness and a tendency to self-criticism, perceiving themselves as being at
fault rather than recognising the injustices they have experienced. Occasionally, children who
have experienced injustice may reciprocate such behaviour towards others, leading to a
diminished inclination towards academic pursuits and other constructive endeavours.

In contemporary society, there is a tendency to engage in victimising the individual rather

than demonstrating empathy towards their perspective. It has been observed that individuals
who experience sexual offences are frequently subjected to social ostracism. The vulnerable
demographic of young children who have already experienced abuse are subjected to
additional mistreatment by societal forces. Parents, teachers, and close relatives frequently
marginalise the child subjected to an offence rather than providing constructive support to the
children. They engage in expressing unfavourable judgements regarding the child. This could
potentially lead to the child experiencing emotions of shame and guilt. 199 The child may
experience a sense of vulnerability and fear. Instead of overcoming the tragedy, individuals
tend to exhibit suicidal tendencies. Children who experience social exclusion may develop
feelings of loneliness and depression. When experiencing feelings of banishment, individuals
may engage in a spectrum of activities, ranging from self-infliction of harm to contemplating
suicide.

The primary responsibility for caring for a child lies with the parents and older family
members. In traditional Indian society, children requiring care and protection were typically
provided for within the joint family system, caste associations, village communities, and
religious establishments. The privilege of being born into a content and secure household is
not readily accessible to many children. The conditions of children worsened due to the
proliferation of religious sanctions, rapid population growth, and the allure of urban areas as
sources of adventure and excitement. A significant proportion of the children experience
economic deprivation. This phenomenon has resulted in the emergence of underprivileged
children who are susceptible, marginalised, impoverished, and neglected, often being denied
their fundamental entitlements to familial support, safeguarding, housing, nourishment,
healthcare, and education. Based on an estimation, the number of underprivileged children in
India is approximately 340 million. The vulnerable group of deprived children can be
classified into several categories, including orphans, abandoned and destitute children,
working and street children, children who have been affected by natural calamities,
199
Giri, Mohani (Dr), Kanya Exploitation of the Little Angels (Gyan Publishing House, New Delhi, 1999).
emergencies or artificial disasters, children with disabilities, children affected by AIDS,
children engaged in substance abuse, children of sex workers, juvenile offenders or children
in conflict with the law, children from families at risk such as refugees, migrant and
construction workers, chronically and terminally ill children, children with parents who are
prisoners or serving life sentences, single parents, and girls. India has the highest street
children population globally, making them one of the most susceptible groups of children. 200
At least eighteen million children reside or engage in labour activities on the streets of urban
India. According to the definition provided by UNICEF, street children are individuals for
whom the road, encompassing its broadest interpretation, has become their primary dwelling
rather than their familial environment. This circumstance entails a lack of safeguarding,
oversight, and guidance from accountable adults. These children are subjected to both
physical and psychological abuse. The children are confronted with the harsh reality of
torture and exploitation.

It is widely acknowledged that children play a crucial role in shaping the future of a nation, as
the overall development and advancement of a country heavily rely on their welfare and
maturation. For children to contribute to the country's future progress, they must
possess sound physical health and a forward-thinking mindset. However, if the
children experience abuse, it is worth considering the potential impact on their ability to
contribute to the nation's development. The reports published in daily newspapers regarding
the mistreatment of children evoke a profound sense of unease. Contemporary television
programmes depict horrendous acts perpetrated against minors in the present era. This
situation elicits a deep understanding of shame within us. On the one hand, it is commonly
acknowledged that children are regarded as reflections of divinity.

On the other hand, our society is replete with individuals who engage in criminal activities
that threaten the well-being and welfare of children. Children can be likened to fragrant
flowers, whose mere existence brings a pleasant aroma to their surroundings. However, it is
disheartening that individuals with criminal tendencies, rather than acknowledging their
positive impact, prematurely hinder their growth and potential. Throughout history, children
have been subjected to exploitation within our society, often due to religious practises
or impoverished economic circumstances. The practices of child marriage, devadasi or jogni
system, child pornography, and sex tourism are manifestations of detrimental cultural norms
200
Id.
within our society. In the state of Madhya Pradesh, within the Bedia Tribe, it is customary for
the mother to publicly announce, in the presence of the village deity known as "Narsimha,"
her decision regarding whether her daughter will be engaged in the profession of prostitution
or be married. According to caste regulations, it is mandatory to exempt at least one daughter
from engaging in prostitution. Orphans require increased levels of care and emotional
support, yet certain orphanages, ostensibly established to alleviate their plight, engage in the
sexual exploitation of these vulnerable children. The Nithari serial killing case in Noida and
the more recent Apna Ghar case in Rohtak have brought attention to the distressing issue of
sexual abuse and exploitation of children by individuals in positions of authority within those
regions.

Sexual offences are a pervasive occurrence that transcends societal boundaries. The issue at
hand is not limited to India alone but has been acknowledged as a global concern. According
to the 2014 UNICEF study titled "Hidden in Plain Sight," it is estimated that approximately
120 million girls, constituting about 1 in 10 individuals under the age of 20, have experienced
instances of coerced sexual intercourse or other forms of forced sexual acts throughout their
lifetimes. Males also disclose cases of sexual violence, albeit to a lesser degree than females.
Due to the absence of comparable data in most countries, current global estimates regarding
sexual violence against boys are not readily accessible. In High-Income Countries, it is
commonly observed that girls report lifetime rates three times higher than boys. A significant
number of additional children will probably be subjected to exploitation in the realms of
prostitution or pornography annually on a global scale. In many instances, these children are
enticed or coerced into such circumstances due to deceptive assurances and a lack of
comprehensive understanding regarding the associated hazards. However, the extent of
sexual violence remains concealed due to its sensitive and unlawful characteristics.
Many children and families refrain from reporting incidents of abuse and exploitation due
to social stigma, fear, and a lack of confidence in the authorities. Under-reporting can be
attributed to social tolerance and a lack of awareness. The prevalence of child abuse
globally has been estimated to be 19.7% for females and 7.9% for males. The presented data
illustrates a concerning trend of escalating instances of child sexual abuse on a global scale.
The notable susceptibility to exploitation garnered worldwide recognition and prompted the
enactment of several measures aimed at safeguarding children's rights globally.
In the past, nations exhibited a general disregard for the well-being and entitlements of
children. It is essential to acknowledge the instances of exploitation within the factory system
in England, whereby a workforce comprised of child labourers was recruited and subjected to
extensive working hours starting from the age of eight. Frequently, it was observed that
children engaged in prolonged machine work would inadvertently fall asleep and become
entangled within the machinery, often accompanied by cotton materials. The origins of the
child rights movement can be traced back to the mid-nineteenth century, specifically with the
publication of an article in June 1852 by Slagvolk entitled "The Rights of the Children." This
was followed by Kate Kliggins' "Children's Rights" publication in 1892. The focus on the
working conditions of children led to a transformation in the legal status of children in
England. This change was brought about by implementing Factory Laws, which aimed to
improve the working conditions of employees, particularly children.

The initial manifestation of global attention towards the "Situation of Children" emerged in
1923 with the establishment of the non-governmental organisation "Save the Children" by the
council. The "International Union" has officially adopted a declaration of five fundamental
points that outline the child's right. The recognition of specific rights for children occurred for
the first time. The Declaration posits the assertion that humanity is obligated to provide the
child with its utmost contributions. The Geneva Declaration received endorsement in the
subsequent year, 1924, during the fifth assembly of the League of Nations. The significance
of the Geneva Declaration on the Rights of the Child in 1924 lies in its emphasis on the social
and economic entitlements of children, as well as its establishment of the concept of
children's rights on an international scale for the first time. The Universal Declaration of
Human Rights was adopted and proclaimed by the United Nations General Assembly in
1948. The comprehensive enumeration of Human Rights delineated in the Declaration is
universally applicable to all individuals of the human species. The Universal Declaration of
Human Rights serves as a shared benchmark for all individuals and nations to foster a
collective commitment to uphold and promote respect for these fundamental rights and
freedoms. It emphasises the importance of education and instruction in cultivating such
care and advocates for implementing gradual measures at both national and international
levels to ensure the widespread recognition and adherence to these rights. This applies not
only to the citizens of member States but also to those residing in territories under their
control. The Declaration above duly acknowledges the significance of children, as evidenced
by its inclusion of two specific articles about children's rights to receive specialised care and
assistance during their formative years. Moreover, the Declaration unequivocally affirms
every child's entitlement to education.

All 78 member States of the United Nations General Assembly unanimously adopted the
Declaration of the Rights of the Child on 20 November 1959 through resolution 1386 (XIV).
This event represented a significant milestone in achieving global agreement on the
fundamental principles of children's rights. This document comprehensively outlines the
extensive array of rights afforded to children on an international scale. This study focuses on
children's fundamental entitlement to protection and has made significant strides in the
progression of children's rights. The provision ensures that the child is safeguarded
against neglect, cruelty, and exploitation. He should not be exposed to any form of traffic.
Children shall not be permitted to engage in employment before reaching the prescribed
minimum age. Under no circumstances shall he be compelled or allowed to partake in any
vocation or job that would jeopardise his well-being or educational pursuits or impede his
physical, mental, or moral growth. The Declaration above emphasises the comprehensive
advancement of children in terms of their physical, mental, moral, spiritual, and social well-
being on a global scale. The Declaration on the Elimination of Violence against Women,
established in 1993, represents the inaugural Declaration that safeguards women globally
from various manifestations of violence. The statement acknowledges that violence targeting
women reflects long-standing imbalances in power dynamics between men and women.
These imbalances have resulted in the subjugation and marginalisation of women by men,
hindering women's complete progress and empowerment. The Declaration also
safeguards female minors from physical and psychological violence within the familial
setting. This includes acts such as domestic violence, sexual abuse perpetrated against female
children within the household, violence stemming from dowry-related issues, instances of
marital rape, female genital mutilation, and other traditional or religious practices that are
detrimental to the well-being of women. It is important to note that this protection extends
beyond spousal violence and encompasses exploitation-related violence. In addition to the
Declaration above, numerous other Declarations have been formulated to safeguard children
from sexual abuse or exploitation on an international scale. In addition to these Declarations,
numerous international conventions have been established globally level toto protect
children's rights. The Convention on the Rights of the Child, established in 1989,
acknowledges the imperative for children to experience a secure and protected upbringing.
The treaty above is the inaugural international agreement that imposes a comprehensive
obligation upon the State's Parties to safeguard children from sexual exploitation and abuse
actively. Hence, this framework establishes a structure to protect children's well-being
building negative assurances against the State. It is the responsibility of the State to ensure
the protection of children from acts of a sexual nature that are forced upon them, as well as
those that are illicit and abusive. The Convention in question serves to safeguard the rights of
children and mitigate the occurrence of sexual abuse on a global scale, as outlined within its
various articles. It is essential to recognize that children possess inherent value within the
confines of a specific nation and the broader international community. The youth of
contemporary society will assume the roles of future leaders, scholars, politicians, and
administrators. They represent the prospective leaders of the global human population.
Hence, allocating significant focus towards nurturing and advancing their character is
imperative. However, it is an essential concern that children are increasingly falling prey to
sexual assault and abuse globally. Despite numerous international Declarations, Conventions,
Protocols, and other relevant instruments, there is a noticeable absence of any reduction
in sexual abuse against children. However, it is essential to note that this hostility is growing
alarmingly. Several factors contribute to the deterioration of the global situation. The
effectiveness of international instruments designed to address issues is limited, as
enforcement agencies must implement them at various levels. To effectively implement these
instruments, it is imperative to establish a global legislative and regulatory body. This agency
should ensure that the laws it creates are rigorously enforced and that State Parties who fail to
implement these laws adequately are held accountable.

Acknowledging children as a distinct collective characterized by unique rights and

requirements is currently gaining acceptance as a fundamental principle that underpins a
significant portion of pertinent international human rights and humanitarian legislation. The
rationale for providing special consideration to children typically rests on two primary
factors: firstly, the inherent vulnerability of children, and secondly, their status as the
upcoming generation that should be nurtured and safeguarded as they embody the future. The
concept in International Law that advocates for providing special treatment to children has
gained widespread acceptance among most nations.201 In recent years, there has been a
significant shift towards adopting a rights-based approach to child development, resulting in

201
Verma, Aarav, "Child-Centric Justice under POSCO Act: Navigating Legal Complexities and Challenges,"
Child Justice Gazette, Vol. 13, Issue 3, pp. 178-190, 2020.
substantial changes in governmental policies and legislation. The development
process grounded in rights is characterized by the utilization of language associated with
asserting entitlements, legal frameworks, and the concept of legitimacy. This notion
challenges the conventional understanding of children as individuals and their societal
function. The worldwide initiative concerning children, which brought attention to both the
progress made and the areas that still need improvement, also
catalyzed advocating for children's rights. Numerous International Development Agencies,
including the United Nations, acknowledge the significance of adopting a rights-based
approach and endeavour to incorporate it into their forthcoming enterprises and undertakings.
This alteration has given the notion of development a novel sense and instigated a
paradigmatic transformation in children's rights.

A child must be provided with a suitable environment, ample opportunities, and the necessary
resources to attain complete physical and mental development. This is considered to be the
inherent entitlement of the child. Both the government and society must create a nurturing
environment that fosters the development of children, as this is a fundamental entitlement of
every child. Laski's observation is indeed accurate. Rights, indeed, encompass the essential
prerequisites of societal existence, as they are indispensable for individuals to strive towards
their optimal self-expression and fulfilment. The purpose of the State is to create a conducive
environment, which can only be achieved by upholding rights to ensure the attainment of its
objectives.

The development of children encompasses various dimensions, including psychological,

sociological, economic, and legal aspects. India, as a nation that embraces the concept of a
Welfare State, has implemented various provisions to ensure that its children are raised in an
environment that promotes their physical, mental, and moral growth. Over time, various
legislative measures, plans, and policies have been formulated, enacted, and implemented to
improve the welfare and well-being of children in India. The Constitution contains numerous
specific provisions that specifically address the well-being of children. Article 15(3) grants
the State the authority to enact specific measures to promote the well-being of women and
children. Article 24 stipulates that individuals below the age of 14 years are prohibited from
being employed in factories, mines, or engaging in any form of hazardous employment.
Article 23 of the legislation explicitly prohibits the trafficking of individuals and the practice
of coerced labour in various forms, such as begging. Articles 39(e) and 39(f) stipulate that the
State is obligated to adopt policies aimed at safeguarding the well-being and physical
capabilities of workers, regardless of gender, as well as protecting young children from
exploitation. Furthermore, the State is responsible for preventing economic circumstances
from compelling individuals to engage in unsuitable work for their age or physical abilities. It
is imperative to ensure that children have ample opportunities and resources to foster their
healthy development while upholding their freedom and dignity. Additionally, it is crucial to
safeguard children's well-being and protect them from exploitation and moral and material
neglect. The Directive Principles of State Policy obligate the State to safeguard children from
instances of social injustice and various forms of exploitation. The State's primary
responsibility is to safeguard individuals and their possessions while concurrently fostering
the well-being of the populace within the nation. In the case of Sucheta Sirvastav v.
Chandigarh Administration, the Supreme Court emphasized the significance of the doctrine
of 'Parens Patrie'. It brought to the attention of the State its responsibility to provide for the
welfare of needy and orphaned children in the nation. The Constitution has explicitly
delineated both the policy and the obligation of the State towards children. Despite the
evident foresight demonstrated by our constitutional framers, we have fallen short in realizing
the objective of promoting the well-being of children, a matter of utmost urgency that cannot
be delayed. In addition to the Constitutional Provisions, the Indian Penal Code of 1860
encompasses numerous provisions that offer direct or indirect safeguards for children against
sexual abuse. The Criminal Amendment Act of 2013 introduced several additional provisions
into the Indian Penal Code to safeguard children from sexual abuse and exploitation within
the nation. In addition to penal provisions, India has enacted several legislations to address
and regulate sexual offences against children. The Indian Legislature has enacted specific
legislation known as the "Protection of Children from Sexual Offences Act, 2012." This
legislation is primarily designed to safeguard the welfare and well-being of minors. In the
Indian legal system, prior to 2012, there was an absence of dedicated legislation
addressing safeguarding children from sexual offences. Over the past two decades, there has
been a documented rise in sexually transmitted diseases among children. Children who
experience sexual abuse frequently have a pre-existing relationship with the individual who
perpetrates the abuse. The issue of child sexual abuse necessitates the implementation of
clearer and more rigorous penalties to combat this problem effectively. To combat this threat,
the Legislative body formulated a new piece of legislation in 2012 to effectively address the
horrendous crime of sexual abuse and exploitation of minors. The primary objective of this
legislation is to ensure the safeguarding of minors from incidents of sexual assault, sexual
harassment, and the dissemination of pornographic material. The legislation also includes
provisions for severe penalties for offences, which have been classified based on the severity
of the offence. The range of punishments encompasses both lenient and severe forms of
incarceration with varying durations. The Court is also empowered to determine the
appropriate time for such provision. The legislation additionally stipulates the creation of
specialized courts to adjudicate offences by the prescribed provisions, with a primary focus
on safeguarding the child's best interests throughout the entirety of the legal proceedings.
This legislation also includes procedures designed to be child-friendly for reporting,
recording evidence, conducting investigations, and conducting trials for offences. The
legislation in question is a commendable and well-crafted measure designed to ensure the
sufficient safeguarding of children against escalating sexual abuse. The statement upholds
fundamental principles that align with multiple international instruments. The fundamental
rights encompassed in this context include the right to life and dignity, the right to receive
humane treatment, the right to privacy, the right to receive effective assistance, and the right
to obtain compensation.202 The legislation facilitates a comprehensive and interdisciplinary
approach encompassing multiple sectors. The prevention of child sexual abuse, protection of
victims, justice delivery, and rehabilitation of victims are interconnected matters that cannot
be considered in isolation. The attainment of these objectives necessitates a synchronized
response from all relevant stakeholders, encompassing the police, prosecution, judiciary,
healthcare establishments, psychologists and counsellors, and institutions dedicated to
delivering social services to children.203

An inclusive approach that considers children's rights would effectively tackle the challenges
associated with the lack of coordination among different agencies involved in the legal and
social service procedures for child victims. The Act represents a positive development in
integrating professional services within the framework of the Model Guidelines aimed at
addressing the needs of child abuse victims. In general, commendation must be extended to
the legislation to establish the fundamental framework of a distinctive child care and
protection model within this nation. However, it has endeavoured to implement
transformative reforms in child legislation. However, it is worth noting that the Act above did
not incorporate any provisions about safeguarding residences or shelter facilities for

202
Id.
203
Gupta, Rishi, "Evidentiary Challenges in Child Sexual Abuse Trials: Analysis of POSCO Act," in Sharma,
Priyanka (ed.), Child Rights and Evidence Law pp. 102-115 (Law Publishers, Mumbai, 2014).
disadvantaged individuals and orphaned children. The legislation does not establish a specific
quantum of restitution for the injured party. The determination of the compensation amount
was entrusted to the Court's discretion. Moreover, the procedures outlined in the legislation
are intricate and detailed. The police were anticipated to assume a proactive stance in
instances involving child sexual abuse. However, their deficiency in training, aptitude, and
temperament hinders their ability to fulfil this role effectively, undermining the Act's
fundamental objectives. Therefore, the outcome elicits a sense of disappointment. The
efficacy of the Act may appear promising in theory; however, unless its implementation is
executed proficiently, the current circumstances regarding the well-being of children will
persist unchanged.

It is indisputable that there exist numerous gaps in the legislation about children.
Governmental and judicial entities must establish more rigorous legislation to mitigate
and nearly eradicate crimes against children. It is worth noting that the mere creation of laws
alone will not suffice; their practical implementation, both in terms of their literal
interpretation and intended purpose, is equally imperative. Ameliorating children's
predicament cannot be solely achieved through legal measures. The issue necessitates
addressing it at the societal level. Legislation in isolation is inadequate to effect societal
transformation. The perpetuation of child exploitation, encompassing physical, mental, and
sexual abuse, will persist as long as the economic circumstances that force impoverished
parents to deprive their children of education, a carefree childhood, and other necessary
conditions for their overall growth and development remain unaltered. It is imperative to
prioritize enhancing the financial situation of the family, community, or locality from which
these children originate.204 Undoubtedly, undertaking such a challenge poses difficulties for a
developing nation such as India; however, it remains within the realm of possibility. The
economic difficulties could be mitigated by implementing substantial reforms in the
education system and the societal perspective. The educational curriculum may be designed
to focus on developing practical skills, thereby providing both parents and children with job
security. The prevalence of sexual offences against children, such as prostitution, child
marriage, sex tourism, and child pornography, is a concern. These harmful acts often stem
from parents' socio-economic challenges, including poverty and unemployment. The
cultivation of a profound and ingrained consciousness is imperative for the attainment of this

204
Verma, Aryan, "Child-Friendly Court Procedures under POSCO Act: Enhancing Access to Justice," Child
Justice Quarterly, Vol. 15, No. 2, pp. 134-146, 2019.
objective. In addition to this, it is essential to educate individuals about the importance of
fostering ethical principles. There is a pressing need to promote widespread education among
the masses regarding the importance of nurturing and safeguarding the well-being and
contentment of children, as it directly impacts the overall welfare and advancement of society
and humanity as a whole.

To safeguard children from sexual offences and ensure equitable redress for victims,
establishing a reasonable and responsive legal framework is imperative. The judiciary in
India is required to function as an unbiased justice to settle conflicts between the government
and private individuals and between different branches of the government. The primary
objective is to safeguard the fundamental rights of individuals as guaranteed under Part III of
the Constitution. The courts within the nation have already broadened the extent of judicial
review by encompassing social, economic, and political justice within their jurisdiction. In
light of the ever-expanding scope of judicial review, it is imperative to prioritise not only the
safeguarding of individual judges' independence but also the attainment of institutional
independence for the judiciary. The court's primary role is to ensure the equitable
dispensation of justice to all members of society within the nation. 205 The court has played a
pivotal and indispensable role in addressing cases about the sexual abuse of minors. Instances
of sexual abuse and exploitation of children being brought to the attention of the courts are
infrequent in typical circumstances. The documented cases of sexual offences committed
against children merely represent a fraction of the overall problem. Numerous cases remain
undisclosed due to the potential social stigma that may befall the child's family upon
reporting such incidents. The Indian judiciary has actively addressed significant issues that
impact the well-being and dignity of children by shedding light on prevailing societal
injustices. The physicians presenting themselves before the court lack familiarity with the
medical examination protocol for victims of sexual assault.
Consequently, the medical examination process for rape victims exacerbates their trauma.
The doctor's role and demeanour following sexual abuse are crucial factors when the victim's
family pursues legal recourse. The experience of sexually abused children undergoing the
proceedings of adult courts can be highly traumatic, as the legal process often proves to be
protracted and challenging to resolve. The individuals experience additional psychological
distress due to the legal processes they are subjected to. There is an urgent need to

205
Sharma, Anjali, "Child Sexual Abuse and Consent: Legal and Ethical Complexities under POSCO Act,"
Journal of Ethics and Child Rights, Vol. 18, Issue 4, pp. 267-281, 2015.
establish child protection units and courts within our nation. At times, the penalties
administered for criminal transgressions have proven ineffective in dissuading individuals
from engaging in unlawful behaviour.

In contrast, there has been a steady increase in the frequency of offences over time. It is
imperative to adopt a relentless approach to addressing this matter. The researcher has noted a
reduction in the severity of punishments imposed by higher courts compared to those handed
down by lower courts. In certain instances, circumstantial evidence may not assist the
judiciary in accurately assessing the severity of an offence. Consequently, the tribunal must
rely on the evidentiary material presented before them. The judges, being human beings, are
susceptible to errors in judgement. The examination of such cases exhibits a deficiency in
discernment. It is incumbent upon each judge to fulfil their moral obligation to preside over
cases involving the sexual abuse of children impartially and without bias.

Implementing the Protection of Children from Sexual Offences Act (POCSO) in 2012 has
undeniably represented a noteworthy achievement in tackling the severe matter of Child
Sexual Abuse (CSA) in India. The Act has implemented a comprehensive strategy to address
child sexual abuse by identifying and classifying various inappropriate sexual behaviours that
present a direct risk to children's safety and welfare, subsequently making them illegal.
Implementing this legislative initiative has resulted in a significant rise in documented
instances of child sexual abuse, thereby indicating the efficacy of the legislation in attaining
its desired objectives.206 One of the primary accomplishments of the POSCO Act is its
significant contribution to education and sensitization. The legislation has significantly
contributed to enhancing public consciousness regarding the severity of child sexual
abuse and the pressing imperative to tackle this issue effectively. Using its provisions and
outreach endeavours, the Act has effectively transformed the discourse surrounding CSA
from a culture of silence and taboo to one that encourages open dialogue and responsibility.
The change in societal perspectives has been instrumental in establishing a climate where
reporting cases of child sexual abuse (CSA) is considered socially acceptable and regarded as
a moral and legal duty. The level of comprehensiveness exhibited by the POSCO Act
is praiseworthy. The Act profoundly comprehends the intricate nature of CSA offences and
their extensive ramifications by furnishing a comprehensive legal structure tailored to address

206
Patel, Rakesh, "Child Participation in POSCO Proceedings: Strengthening Child Rights," in Kumar,
Siddharth (ed.), Child Rights and Participation pp. 112-125 (Human Rights Press, Mumbai, 2012).
these crimes. The legislation encompasses a broad spectrum of offences, ensuring the
appropriate recognition, reporting, and penalization of diverse manifestations of child sexual
abuse. Adopting a comprehensive approach is imperative when addressing the complex and
multifaceted nature of child sexual abuse (CSA).

Child Sexual Abuse is a reprehensible criminal offence that surpasses geographical

boundaries and is pervasive in all societies. Because paediatricians and healthcare
professionals frequently assume the initial responsibility of interacting with victims of child
sexual abuse, they take a crucial function in identifying and resolving such instances.
Hence, proficiency in the appropriate clinical assessment and management of Child Sexual
Abuse and a comprehensive comprehension of the legal dimensions is imperative for
facilitating efficacious intervention. To effectively address the issue of child sexual abuse
(CSA), it is crucial to implement a multidisciplinary approach to management. This response
should comprehensively address the medical and legal dimensions while offering essential
psychological assistance to the affected individuals and their families.207 The POCSO Act is
pivotal in shaping a comprehensive approach, as it is guided by its responsibilities,
management guidelines, and legal procedures.

Nevertheless, the efficacy of the POSCO Act is contingent upon collaborative endeavours
that extend beyond the confines of the legal domain. Parents, school teachers, and members
of civil society play a crucial role in addressing child sexual abuse. The imperative task is to
surmount conventional attitudes characterized by reticence and disgrace. This objective can
be effectively accomplished through proactive endeavours in education and initiatives to
foster awareness. By providing education on the prevention of child sexual abuse (CSA),
informing about reporting procedures, and emphasizing the importance of early intervention,
these individuals or groups can make a substantial contribution towards establishing a
safeguarding environment for children.

The POCSO Act serves as a testament to India's dedication to ensuring the protection and
welfare of its children. The comprehensive provisions, educational endeavours, and emphasis
on reporting within this framework have contributed to establishing a society that is unwilling
to accept child sexual abuse and instead endeavours to safeguard its children from these

207
Bhardwaj, Dipti. "Child Sexual Abuse: An Emerging Challenge in India." Journal of the Indian Law Institute,
58(2), 220-236 (2016).
despicable acts. The endeavour to eliminate child sexual abuse necessitates a united and
steadfast commitment from all segments of society, and the POSCO Act serves as a guiding
principle in this pursuit.

5.1 Suggestions

Safeguarding children from sexual offences is a paramount societal obligation, and various
pivotal recommendations can be implemented to guarantee their well-being. One crucial
measure entails the implementation of in-camera trials for cases of child sexual abuse.
Considering the egregious nature of these offences and the consequent psychological distress
and societal shame endured by the victims and their families, this strategy can safeguard them
from excessive public attention and social condemnation. Due to the pervasive societal
disapproval, it is crucial to exert all conceivable endeavours to protect their privacy.

Efforts aimed at mitigating the prevalence of child marriages are of paramount importance. It
is of utmost importance to diligently enforce the prevailing legislation about child
marriages while concurrently establishing a consensus on the delineation of child marriage
across various personal laws in India. Arranging seminars and stage performances that
emphasise the detrimental outcomes associated with child marriage is recommended to
enhance parental awareness.208 These events would contribute to cultivating a more
comprehensive comprehension of this matter.

The matter of prostitution necessitates the implementation of a comprehensive approach.

Rather than exclusively enacting legislation against prostitution, it is imperative to prioritise
efforts towards combating human trafficking, which is a significant catalyst for this problem.
The focus of governmental initiatives should be on the prevention of individuals' involvement
in this illicit occupation. The proposed modification to the Immoral Traffic (Prevention) Act,
1956, which entails classifying child prostitution as a form of rape and subjecting it to the
provisions outlined in sections 375 and 376 of the IPC, represents a significant legal reform.
This amendment can potentially enhance the efficacy of deterrence measures against such
offences.

208
Agarwal, Sonali, "Special Courts under POSCO Act: Ensuring Speedy Justice for Child Victims," in Sharma,
Ramesh (ed.), Child Rights and Justice System pp. 97-110 (Legal Publications, New Delhi, 2017).
The prioritisation of rescuing and rehabilitating children from brothels is imperative. Regular
law enforcement operations conducted based on reliable intelligence can play a crucial role in
identifying and recovering these individuals who have been victimised. After being rescued,
child victims of trafficking require comprehensive support encompassing various aspects
such as healthcare, psychological aid, educational provisions, and social welfare.
Implementing personalised core and protection plans devised by proficient experts can
facilitate individuals' recuperation process.

Ensuring secure lodging for child victims is of utmost importance. Social service authorities,
non-governmental organisations (NGOs), and international organisations must collaborate to
establish comprehensive standards for such facilities. Furthermore, addressing the
psychological distress and trauma experienced by children who have been trafficked poses a
substantial challenge. Healthcare professionals and experts must be pivotal in
facilitating recovery for these children who have undergone traumatic experiences.

It is recommended that female officers lead investigations and trials in rape cases to mitigate
potential embarrassment experienced by victims. Similarly, medical evaluations of female
individuals who have experienced victimisation must be carried out exclusively by female
medical professionals to safeguard their sense of ease and preserve their inherent dignity.
Engaging in collaborative efforts with neighbouring nations such as Nepal and Bangladesh
holds the potential to effectively mitigate the occurrence of cross-border trafficking of
children for sexual exploitation.

Child psychologists and non-governmental organisations (NGOs) are of utmost importance in

assisting individuals who have experienced sexual offences. Adopting a compassionate and
empathetic approach towards these instances can facilitate the process of victims overcoming
emotions associated with shame and guilt. To enhance the resilience of children in the face of
abuse, educational institutions assume a crucial function by imparting knowledge about
potential hazards and offering self-defence instruction in disciplines such as judo, karate, and
martial arts.209

Regarding legal provisions, it is recommended that revisions be introduced to the Protection

of Children from Sexual Offences Act, 2012, to establish a predetermined quantum of

209
Id.
compensation for victims, thereby removing the exercise of judicial discretion. In addition,
both the central and state governments must establish shelter homes and childcare centres to
cater to the needs of orphaned or exploited children. Protecting children from sexual offences
necessitates a collective and international endeavour transcending individual nations'
confines. To ensure the efficient execution of internationally established principles as
delineated in Declarations, Conventions, Protocols, and Charters, there is a compelling
necessity for establishing an international entity entrusted with the responsibility of
enforcement. The agency above would oversee the adherence to these provisions globally,
serving as the ultimate authority in monitoring and ensuring compliance. Furthermore, it is
imperative that states that do not diligently enforce these measures be held accountable,
thereby redirecting attention from moral duty to legal liability.

The practical implementation of international treaties aimed at combating the sexual abuse of
children necessitates the meticulous and thorough collection of accurate data. To achieve this
objective, it is imperative to establish an international agency that assumes the responsibility
of collecting pertinent data necessary to implement and enforce said treaties. A data-driven
methodology would facilitate enhanced oversight and precise interventions in instances of
abuse. The matter of addressing individuals with pedophilic tendencies constitutes an
additional pivotal facet. Existing legislation frequently proves inadequate, especially
when foreign tourists or international networks are involved. Developing adequate legislation
to address pedophilic offences is paramount to guarantee prompt and equitable legal
proceedings.

Implementing legislative reforms about the regulation of prostitution is of utmost importance

to enhance the safeguarding measures available to individuals who have fallen victim to this
industry. The Immoral Trafficking (Prevention) Act of 1986 primarily assigns responsibility
to the prostitute while frequently neglecting to address the customer's guilt. In instances
about child victims, it is advisable to conduct witness examinations in the company of
reliable individuals, such as social workers, female law enforcement officers, parents, or
guardians, within a familiar setting instead of potentially intimidating police stations.

It is imperative to conduct thorough investigations into various offences about children,

including but not limited to missing persons, child marriages, and abduction cases.
Establishing specialised courts with designated timeframes for adjudicating child sexual
abuse cases is imperative to expedite the administration of justice. Promoting public
awareness and active engagement in advocacy efforts are crucial in preventing child sexual
abuse. Non-governmental organisations (NGOs), self-help groups, and media entities should
collaborate to raise awareness within society regarding the vulnerability of children and the
imperative of providing support rather than subjecting them to stigmatisation. Efforts such as
the child helpline "1098" should be extensively advocated through seminars, street
performances, and media campaigns toto aid children experiencing distress.

To discourage potential wrongdoers, it is imperative to contemplate implementing rigorous

measures. Considering instances of child sexual abuse as exceptionally rare and
implementing stringent penalties, such as castration or capital punishment, could potentially
function as effective deterrents. In circumstances where a child's family is implicated in
abhorrent actions, it is imperative to implement protective measures promptly.
Establishing distinct residences for victims could offer a safe and protected setting, thereby
mitigating the risk of additional victimisation.

While implementing legal measures is crucial, it is imperative to supplement them with

comprehensive social action programmes. To effectively address the issue of child sexual
abuse and exploitation, it is essential to implement comprehensive initiatives rather than
relying on isolated efforts. The attainment of significant transformation necessitates
adopting a comprehensive strategy that integrates legal reforms, societal enlightenment,
provision of assistance to victims, and the implementation of rigorous penalties.
 BIBLIOGRAPHY
BOOKS

ARTICLES

1. Adams, L. (ed.), "Early Intervention Strategies for Child Sexual Abuse Prevention," p. 123-140
(Publisher L, City L, 1st ed./2021).

2. Agarwal, M. (ed.), "Child Protection Policies and POCSO Compliance" p. 68-85 (Protection Books,
Lucknow, 2nd ed./2018).

3. Agarwal, Sonali, "Special Courts under POSCO Act: Ensuring Speedy Justice for Child Victims," in
Sharma, Ramesh (ed.), Child Rights and Justice System pp. 97-110 (Legal Publications, New Delhi,
2017).

4. Brown, F. (ed.), "Prevention Policies and Legislation for Child Sexual Abuse," p. 55-72 (Publisher F,
City F, 1st ed./2022).

5. Bhatia, N. (ed.), "Counseling Techniques for POCSO Survivors" p. 90-107 (Counseling Press,
Mumbai, 2nd ed./2019).

6. Chatterjee, S. (ed.), "POCSO Amendments: Balancing Justice and Protection" p. 45-62 (Legal Scholar,
Kolkata, 2nd ed./2020).

7. Choudhary, Riya, "Restorative Approaches in Child Sexual Abuse Cases: Experiences under POSCO
Act," Restorative Justice and Rehabilitation Review, Vol. 16, Issue 1, pp. 67-78, 2016.

8. Choudhary, Sameer, "Child Participation in POSCO Trials: Legal Recognition and Practical
Challenges," Journal of Child and Family Law, Vol. 11, Issue 3, pp. 178-190, 2021.

9. Davis, H. (ed.), "Child Sexual Abuse Awareness Campaigns: Impact and Challenges," p. 42-59
(Publisher H, City H, 1st ed./2023).

10. Desai, M. (ed.), "Medical Examination Protocols under POCSO" p. 32-48 (Health Books, Pune, 1st
ed./2022).

11. Dosanj, Priya, "Legal Challenges in Defining Consent: A Study of POSCO Act Provisions," Gender
and Law Review, Vol. 12, Issue 4, pp. 201-214, 2015.

12. Evans, P. (ed.), "Trauma-Informed Approaches in Child Sexual Abuse Prevention," p. 67-84 (Publisher
P, City P, 2nd ed./2019).

13. Garcia, G. (ed.), "Promoting Child Safety: Community-Based Approaches to Preventing Sexual
Abuse," p. 88-105 (Publisher G, City G, 3rd ed./2016).

14. Gupta, Ananya, "Comparative Analysis of Child Sexual Abuse Laws: POSCO and International
Standards," in Singh, Amar (ed.), Child Protection and Legal Frameworks pp. 95-110 (Legal
Publications, New Delhi, 2016).

15. Gupta, Ankit, "Digital Evidence and Child Sexual Abuse Cases: Admissibility under POSCO Act,"
Digital Law and Society Review, Vol. 13, Issue 3, pp. 230-243, 2015.
16. Goyal, Neha, "Comparative Analysis of Child Sexual Abuse Laws: POSCO and Juvenile Justice Act,"
in Verma, Nikhil (ed.), Child Rights and Social Legislation pp. 87-102 (Legal Publications, New Delhi,
2017).

17. Goyal, Rishi, "Criminalizing Child Grooming: The POSCO Act and Legislative Intent," Criminal Law
Quarterly, Vol. 27, No. 4, pp. 301-313, 2018.

18. Goel, Rishi, "Evidentiary Challenges in Child Sexual Abuse Trials: Analysis of POSCO Act," in
Sharma, Priyanka (ed.), Child Rights and Evidence Law pp. 102-115 (Law Publishers, Mumbai, 2014).

19. Garg, Rishi, "Role of NGOs in Creating Awareness about POSCO Act and Child Sexual Abuse," in
Sharma, Manoj (ed.), Child Rights Advocacy and Public Policy pp. 112-125 (Human Rights Press,
Mumbai, 2012).

20. Garg, Siddharth, "Cultural Sensitivity in Child Sexual Abuse Prevention Programs," p. 34-51
(Publisher K, City K, 2nd ed./2018).

21. Goel, Siddharth, "POCSO and Child Abuse Prevention: Community Engagement" p. 65-82
(Community Press, New Delhi, 2nd ed./2016).

22. Gupta, Vikram, "Challenges Faced by Child Welfare Committees in Implementing POSCO Act," Child
and Family Law Quarterly, Vol. 14, Issue 1, pp. 109-121, 2020.

23. Harris, O. (ed.), "Media and Child Sexual Abuse Prevention: Role and Responsibilities," p. 110-127
(Publisher O, City O, 1st ed./2018).

24. Hill, U. (ed.), "Interdisciplinary Approaches to Child Sexual Abuse Prevention," p. 65-82 (Publisher U,
City U, 3rd ed./2017).

25. Jain, Alok, "Addressing Legal Loopholes in the POSCO Act: A Need for Reform," Indian Journal of
Legal Research, Vol. 9, No. 3, pp. 176-188, 2021.

26. Jaiswal, R. (ed.), "Cross-Cultural Perspectives on Child Sexual Abuse Prevention," p. 123-140
(Publisher X, City X, 1st ed./2023).

27. Jain, Neha, "Child Participation in POSCO Proceedings: Promoting Child Participation," Child Rights
Quarterly, Vol. 12, Issue 4, pp. 209-221, 2020.

28. Jain, Priyanka, "Role of Police and Investigators in POSCO Cases: Challenges and Best Practices," in
Kumar, Rajesh (ed.), Child Rights and Law Enforcement pp. 79-94 (Legal Publications, New Delhi,
2015).

29. Joshi, Rishi, "Judicial Sentencing Trends in Child Sexual Abuse Cases: Analysis of POSCO Act,"
Criminal Law and Policy Review, Vol. 24, No. 4, pp. 301-313, 2018.

30. Joshi, Sameer, "Child Sexual Abuse and Consent: Legal and Ethical Complexities under POSCO Act,"
Journal of Ethics and Child Rights, Vol. 18, Issue 4, pp. 267-281, 2015.

31. Jamwal, Vikram, "Role of Special Courts under POSCO Act: Efficacy and Challenges," Journal of
Legal Studies, Vol. 7, Issue 3, pp. 123-136, 2017.

32. Johnson, B. (ed.), "Addressing Child Sexual Abuse: A Multidisciplinary Approach," p. 120-138
(Publisher B, City B, 2nd ed./2019).

33. Kapoor, Aarav, "Role of Medical Evidence in POSCO Cases: Ensuring Justice for Child Victims,"
Journal of Medical Law and Ethics, Vol. 19, Issue 1, pp. 78-89, 2020.

34. Kapoor, Anushka, "Role of Special Courts under POSCO Act: Efficacy and Challenges," Journal of
Legal Studies, Vol. 7, Issue 3, pp. 123-136, 2017.
35. Kaushik, Siddhi, "Sentencing in Child Sexual Abuse Cases: Judicial Discretion under POSCO Act," in
Gupta, Raghav (ed.), Child Rights and Sentencing pp. 78-91 (Legal Publications, New Delhi, 2016).

36. Kaushik, I. (ed.), "Media and POCSO Awareness Campaigns" p. 34-51 (Media Publications, Mumbai,
1st ed./2021).

37. Khanna, P. (ed.), "Social Work Interventions under POCSO" p. 78-95 (Social Work Institute, New
Delhi, 1st ed./2023).

38. Khanna, Rakesh. "POSCO Act: A Comprehensive Analysis." Journal of the Indian Law Institute, 56(1),
97-111 (2014).

39. Kumar, S. (ed.), "POCSO Courts and Speedy Justice for Children" p. 40-57 (Justice Publications,
Chennai, 1st ed./2022).

40. Lee, J. (ed.), "School-Based Prevention of Child Sexual Abuse: Curriculum and Implementation," p.
96-112 (Publisher J, City J, 1st ed./2019).

41. Martinez, C. (ed.), "Prevention Programs for Child Sexual Abuse: Efficacy and Challenges," p. 73-89
(Publisher C, City C, 3rd ed./2018).

42. Mathur, Nisha, "Child Witnesses in POSCO Cases: Ensuring Fair Testimony and Justice," in Sharma,
Deepak (ed.), Child Rights and Criminal Justice pp. 56-71 (Human Rights Press, Mumbai, 2014).

43. Mehta, N. (ed.), "Judicial Precedents and POCSO: Evolving Jurisprudence" p. 125-142 (Justice
Publishers, Mumbai, 2nd ed./2018).

44. Mehta, Riya, "Child-Centric Approach in POSCO Act: Balancing Rights and Protection," Child Rights
Gazette, Vol. 5, Issue 4, pp. 209-221, 2019.

45. Mitchell, T. (ed.), "Effect of Social Programs on Child Sexual Abuse Prevention," p. 90-107 (Publisher
T, City T, 1st ed./2023).

46. Nair, A. (ed.), "Technology and Digital Evidence in POCSO Cases" p. 115-132 (Technology Books,
Bangalore, 1st ed./2020).

47. Patnaik, Aman, "Safeguarding Child Witnesses under POSCO Act: Procedural and Legal Aspects," in
Gupta, Ritu (ed.), Child Rights and Legal Practice pp. 88-101 (Law Publishers, Mumbai, 2014).

48. Patel, Rakesh, "Child Participation in POSCO Proceedings: Strengthening Child Rights," in Kumar,
Siddharth (ed.), Child Rights and Participation pp. 112-125 (Human Rights Press, Mumbai, 2012).

49. Pareikh, Riya, "Restorative Justice and POSCO Act: Enhancing Rehabilitation of Offenders,"
Restorative Practices Review, Vol. 9, Issue 1, pp. 78-89, 2011.

50. Rajan, K. (ed.), "Societal Awareness and POCSO: Bridging the Gap" p. 75-92 (Society Publications,
Chennai, 3rd ed./2017).

51. Rao, K. (ed.), "POCSO Prosecution: Challenges and Best Practices" p. 55-72 (Prosecution Publishers,
Hyderabad, 3rd ed./2016).

52. Reddy, S. (ed.), "Schools and POCSO Education Programs" p. 88-105 (Education Books, Bangalore,
1st ed./2020).

53. Reddy, R. Srinivasa. "Protection of Children from Sexual Offences Act: A Critical Appraisal." Journal
of the Indian Law Institute, 57(3), 333-350 (2015).

54. Rodriguez, I. (ed.), "Preventing Online Child Sexual Abuse: Technological Solutions and Ethical
Considerations," p. 171-189 (Publisher I, City I, 2nd ed./2020).
55. Roy, Debarati Halder. "Online Child Sexual Abuse and the Law: An Indian Perspective." International
Journal of Criminology and Sociological Theory, 10(2), 1202-1215 (2017).

56. Sharma, A. (ed.), "Child Rights and POCSO: A Comprehensive Analysis" p. 78-95 (Justice Books,
New Delhi, 2nd ed./2018).

57. Sharma, Anjali, "Child Sexual Abuse and Consent: Legal and Ethical Complexities under POSCO
Act," Journal of Ethics and Child Rights, Vol. 18, Issue 4, pp. 267-281, 2015.

58. Singh, B. (ed.), "Preventing Recidivism through POCSO Rehabilitation" p. 102-119 (Rehabilitation
Press, Mumbai, 2nd ed./2017).

59. Singh, Deepak. "Understanding Child Sexual Abuse in India: A Review." International Journal of
Social Science & Interdisciplinary Research, 4(5), 66-73 (2015).

60. Sharma, Pooja, "Right to Privacy of Child Victims in POSCO Cases: Legal and Ethical
Considerations," Privacy and Legal Studies, Vol. 14, Issue 2, pp. 122-134, 2016.

61. Sharma, Rahul, "Interplay of POSCO Act and Juvenile Justice System: Challenges and Solutions,"
Youth and Justice Quarterly, Vol. 6, Issue 2, pp. 45-58, 2016.

62. Singh, Neha, "Judicial Sentencing Trends in Child Sexual Abuse Cases: Analysis of POSCO Act,"
Criminal Law and Policy Review, Vol. 24, No. 4, pp. 301-313, 2018.

63. Singh, P. (ed.), "Child Psychology and POCSO: Understanding Trauma" p. 110-128 (Education Press,
Bangalore, 1st ed./2021).

64. Singhla, S. (ed.), "Online Child Sexual Abuse: Detection and Prevention Strategies," p. 78-95
(Publisher S, City S, 1st ed./2021).

65. Singhania, Aarti, "Psychological Impact of Child Sexual Abuse and the Legal Responses: Focus on
POSCO," Journal of Psychology and Law, Vol. 23, No. 4, pp. 267-281, 2015.

66. Turner, M. (ed.), "Parental Involvement in Child Sexual Abuse Prevention: Challenges and Benefits,"
p. 78-95 (Publisher M, City M, 3rd ed./2017).

67. Tomar, R. (ed.), "Legal Frameworks for Preventing Child Sexual Abuse: Challenges and Progress," p.
32-49 (Publisher R, City R, 1st ed./2020).

68. Tyagi, R. (ed.), "Legal Frameworks for Preventing Child Sexual Abuse: Challenges and Progress," p.
32-49 (Publisher R, City R, 1st ed./2020).

69. Verma, Abhishek, "Mandatory Reporting of Child Sexual Abuse under POSCO Act: Challenges and
Implementation," Child and Family Protection Journal, Vol. 16, Issue 3, pp. 178-190, 2019.

70. Verma, Aanya, "Role of Medical Evidence in POSCO Cases: Ensuring Justice for Child Victims,"
Journal of Medical Law and Ethics, Vol. 19, Issue 1, pp. 78-89, 2020.

71. Verma, Aarav, "Child-Centric Justice under POSCO Act: Navigating Legal Complexities and
Challenges," Child Justice Gazette, Vol. 13, Issue 3, pp. 178-190, 2020.

72. Vashisht, Abhishek, "Mandatory Reporting of Child Sexual Abuse under POSCO Act: Challenges and
Implementation," Child and Family Protection Journal, Vol. 16, Issue 3, pp. 178-190, 2019.

73. Wang, L. (ed.), "Child Sexual Abuse Prevention: Global Lessons and Cultural Considerations," p. 145-
162 (Publisher L, City L, 1st ed./2022).

74. Yadav, A. (ed.), "POCSO and Child Witnesses: Legal and Ethical Issues" p. 112-129 (Witness Press,
Lucknow, 2nd ed./2020).