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Trending: Call for Papers Volume 4 | Issue 4: International Journal of Advanced Legal Research [ISSN: 2582-7340]

ANALYZING THE CAPITAL PUNISHMENT PROVISION IN THE POCSO ACT IMPLICATIONS, EFFECTIVENESS AND ETHICAL CONSIDERATIONS – Manvendra Yadav

ABSTRACT

Capital punishment is a contentious topic, especially concerning the Protection of Children from Sexual Offenses (POCSO) Act. This act is aimed at safeguarding children from sexual abuse and exploitation, covering various offenses such as sexual assault, sexual harassment, and pornography involving children.

While some argue for the imposition of capital punishment as a deterrent against such heinous crimes, others oppose it on ethical, moral, and practical grounds. Proponents argue that the fear of facing the death penalty could deter potential offenders from committing such crimes, thereby protecting children. Capital punishment is seen as a form of justice for the victims and their families, offering a sense of closure and retribution.

Child sexual abuse is considered one of the most abhorrent crimes, causing severe physical and psychological harm to the victims. Some believe that such crimes warrant the harshest punishment available. Capital punishment carries the risk of irreversible error, with the possibility of innocent individuals being wrongly convicted and executed.

Critics argue that there is insufficient evidence to support the claim that capital punishment acts as an effective deterrent against crimes, including child sexual abuse. Many oppose capital punishment on the grounds that it violates the inherent right to life and constitutes cruel and unusual punishment, particularly when applied to offenders who may have themselves been victims of abuse or trauma. Instead of focusing solely on punishment, opponents advocate for preventive measures, such as education, awareness, and rehabilitation programs, to address the root causes of child sexual abuse and support victims.

In the context of the POCSO Act, the debate over capital punishment underscores broader discussions about the efficacy and morality of using extreme penalties to address complex social issues, including the protection of children from sexual offenses.