Abstract
To shield children from sexual assault, harassment, and pornography, India passed theIndia passed the Protection of Children from Sexual Offenses Act, 2012 (hereinafter referred to as POCSO) to protect children from sexual harassment, bullying and pornography[1]. This act made special provisions possible, such as the creation of Special Courts for the swift trial of these cases. It is specific legislation that addresses cases of sexual offences against minors, or those who are younger than 18 years old. The gender neutrality of this law makes it special. Unlike the rape sections of the Indian Penal Code 1860, anyone can be a victim or a perpetrator under this law, regardless of gender. This bill allows special provisions such as the creation of special courts for expeditious hearing of these cases. Since the Criminal Court is the highest court at the municipal level in India and conducts criminal cases, the POCSO reform targets them. According to these courts are also considered a major factor in excessive delays and expenses affecting the administration of justice in India[2]. I chose this topic for research for two reasons.One, although there is a wealth of literature on sexual violence in India, most of it has focused on adult victims. There is also some empirical research on how the criminal justice system handles sexual violence in India, as well as gender, caste, and state violence[3].Except for a very small number of studies, little attention has been paid to how the criminal justice system interacts with victims of different ages and genders, especially when children are abused. Second, there is a lack of research on the use, effectiveness, and impact of POCSO reforms on different types of court personnel, especially bystanders.[4].
To eliminate the social stigma associated with the term “rape,” “penetrative sexual assault” has been used in its place. The rights to privacy of the minor victims have been protected, the legal process has been made kid-friendly, and the accused’s mental state is presumed to be culpable by the courts.
The research has three main goals:
- The first is to examine how the criminal justice system handles cases involving child sexual abuse.
- POCSO Act, 2012’s implementation and effects; and
- Determine tactics for bolstering justice through the application of the law.
[1]Social and behavioral scientists often use the term “sexual violence,” as this term is far more broad than sexual assault and sexual abuse. See, What’s the difference between sexual abuse, sexual assault, sexual harassment and rape? The Conversation (2018). 7 February. At: https://theconversation.com/whats-the-difference-betweensexual-abuse-sexual-assault-sexual-harassment-and-rape-88218 (accessed 12 November 2020.
[2]2019, Sekhri
[3]See, Abdulali, 2018; Batool et al., 2016; Bhattacheryya, 2021; Chakravarti et al., 2007; Diwakar, 2020; Mandal, 2013, 2014; Patil, 2016.
[4]See, Ali et al., 2017; Bhawnani, 2021; Centre for Child and the Law, 2016, 2018; Kothari & Ravi, 2015; Partners for Law in Development, 2017; Patkar &Kandula, 2016; Wilson, 2020.