Introduction

The Protection of Children from Sexual Offences Act, 2012, (for short POCSO Act) and relevant rules were enacted with the objective to protect children from a slew of sexual offences and introducing child-friendly judicial mechanisms to deal with such offences. Even though there are laws to protect child sexual abuse in India, the scale of such abuse is staggering.

POCSO Act

The Act came into force on 14^th Nov. 2012, along with the Rules. It is a comprehensive law that is enacted aiming to protect children from a slew of sexual offences. It also ensures to safeguard the interests of the child at different stages of the judicial process by having a child-friendly mechanism for reporting, recording of evidence, investigation and speedy trial of offences through special courts.

Who is a child?

According to law, a child is someone who is under the age of 18 years. Child abuse may be defined as an act of sexual offences that includes but not limited to penetrative and non-penetrative assault, and even sexual harassment and pornography.

The Act contains stringent punishment based on the gravity of the offence. Section 44 (1) of the Indian Penal Code (IPC) provides the special children’s law that the National Commission for Protection of Child Rights (NCPCR) along with the State Commission for Protection of Child Rights (SCPCR) monitor the implementation of the provisions of the Act.

Important features of the Act

1. It is a gender-neutral law

The POCSO Act is a gender neutral law that defines a ‘child’ as ‘any person’ below the age of 18 years. The Act sets a gender-neutral laws for the legal framework available to child sexual abuse victims. The Act doesn’t distinguish between perpetrators of child sexual abuse based on gender, and there have been instances where the courts have convicted women for such abuse.

2. Not reporting abuse is an offence

The child abuse should be reported and it requires that every person having suspension or knowledge of a sexual offence committed against a child must report the local police or the Special Juvenile Police Unit. It is noteworthy, that the Act does not only punish the perpetrator but also penalises the ones’ who have failed to report the offence with either imprisonment or a fine or both.

3. No time limit for reporting abuse

Further, it must be noted that there is no time limit bar in reporting of abuse against a child. In 2018, it was clarified by the Union Ministry of Law and Justice that there is no time or age bar for reporting sexual offences under the POCSO Act. In India, the organisations dealing with children cannot avoid child sexual abuse complaints that are raised against their employees due to lapse of time.

4. Maintaining confidentiality of the victim’s identity

Section 23 of the Act prohibits disclosure of the victim’s identity in any form of media, except when permitted by the special courts established under the act. A violation of this section can attract punishments under the act, regardless of whether such disclosures are made in good faith. Reiterating this position, the Supreme Court issued a host of directions in 2018 forbidding, among other things, revealing a POCSO victim’s identity on social media.

5. New obligations under the POCSO Rules

The government of India introduced a new set of rules of POCSO. The rules highlight the following aspects:

• Any institution housing having regular touch with children is required to conduct a periodic police verification check of every employee who might interact with a child;
• Such an institution must impart regular training to sensitise its employees on child safety and protection;
• It has to adopt a child protection policy based on the principle of zero tolerance to violence against children. This policy must mirror the child protection policy of the state government in which the organisation operates.

Policies ensuring child protection are very crucial for any organisation dealing with children. It streamlines procedures as to how to deal with child abuse incidents tactfully. It also prevents reputational damage by enhancing organisation’s credibility.

Conclusion

The Act progress report possesses mixed results. The legislature aims to protect children from sexual abuse and it also provides for a victim-centred criminal justice system, there are a number of uncertain blocks in its implementation. There is indeed a need to have stringent laws to ensure child safety and to protect their interests.