Published Online:July 2024
Product Name:The IUP Journal of Law Review
Product Type:Article
Product Code:
Author Name:Satyam Sinha
Availability:YES
Subject/Domain:Law
Download Format:PDF
Pages:12
The POCSO Act of 2012 in India is a crucial legislative measure aimed at distinguishing between adult and child sexual offenses, and establishing a child protection framework. It aims to protect children from sexual abuse. However, its practical implementation faces challenges, necessitating a comprehensive understanding of the situations involving the child victim. The Act, designed to create a legal sanctuary for children against sexual exploitation, hinges greatly on the judiciary’s aptitude to grasp the intricate challenges child victims confront. While the Act sets the stage for child protection, its effectiveness pivots on the sensitivity and comprehension of judges in handling cases involving child victims. This study endeavors to elucidate the obstacles faced by judges, ranging from limited awareness and entrenched biases, to the absence of specialized training. Sensitizing judges, the cornerstone of this paper’s discourse, is indispensable for fostering effective and empathetic decision-making. This study reverberates with a fervent appeal to recognize judges as torchbearers of change, instrumental in dismantling the shrouds of silence and indifference that have long cloaked child sexual offenses. Through a sensitized and empathetic judiciary, we aspire to build a society that unequivocally stands as a bulwark against the insidious menace of child sexual abuse.
The grave problem of child sexual abuse (CSA) in India has historically been cloaked in secrecy and frequently disregarded in public conversations. Without specialized legislation, a range of despicable behaviors, including child sexual assault, harassment, and creation of products that exploit kids, remained unregulated by the law. A concerted effort has been made in recent years to end the culture of silence by activists, nongovernmental organizations (NGOs), and the Ministry of Women and Child Development (MWCD) at the federal level. This has generated significant political and societal momentum for addressing this pressing issue. This initiative, led largely by the MWCD, culminated in the 2012 enactment of the Protection of Children from Sexual Offences (POCSO) Act, a significant piece of legislation. The urgent necessity to effectively prevent CSA and exploitation served as the driving force behind this law change. The POCSO Act provides a strong foundation for defending kids from crimes, including sexual assault, harassment, and participation in pornography.