POCSO ACT
What problems arise as a result of child sexual abuse?
- The physical safety, mental health, well-being, and behavioural characteristics of children are all impacted by child sexual abuse. It is a challenging issue.
- Amplification As a result of digital technologies: Child exploitation and abuse has increased as a result of mobile and digital technology. Some of the more modern kinds of child abuse that have evolved include internet bullying, harassment, and child pornography.
- Despite its failure to curb child sex abuse, the Indian government passed the Protection of Children against Sexual Offences Act 2012 (POCSO Act). There are several ways to describe this.
- Low conviction rate There have been just under 32% convictions under the POCSO Act on average over the past five years, and 90% of the cases are still pending.
- Despite the POCSO Act’s explicit requirement that the trial and conviction process be completed in one year, it took 16 months for the primary defendant in the Kathua Rape case to be found guilty.
- Unfriendly to Children: Difficulties determining the child’s age. laws that prioritise biological age over mental age, specifically.
Unit for the Investigation and Prevention of Child Abuse:
- The Beti Bachao, Beti Padhao Care and Protection Act, and the Juvenile Justice Act of 2000
- Child labour ban and regulation under the Children Marrying Before Age Act of 2016
- What provisions of the Constitution are relevant here?
- According to the Constitution, every child is entitled to the following rights: the right to a life of dignity; the right to personal freedom; the right to privacy; the right to equality; the right against discrimination; and the right against exploitation (Article 23 & 24).
- Every child between the ages of 6 and 14 is entitled to a free public elementary education under the legislation (Article 21 A)
- The State is required by the Directive Principles of State Policy, and in particular Article 39(f), to ensure that children are protected from being exploited and from being morally and materially abandoned, as well as that they have access to the opportunities and resources they need to develop in a healthy way, in conditions of freedom and dignity.
Way Forward:
- The creation of kid-friendly online settings and efforts to prevent abuse must be given top priority.
- To enable better execution of the legal framework, policies, national strategies, and standards, a comprehensive outreach system that involves parents, schools, communities, Non-Governmental Organizations (NGOs) partners, local governments, police, and attorneys is required.
