The most important and precious resources of any nation are its children. They are essential to the continued existence of the country. According to the National Policy for Children, 1974, and as reaffirmed in the seminal case Sheela Barse v. Union of India[1], children are a national asset that is of the utmost significance and crucial importance. The manner in which the children of a nation develop is very important to the future success of that country. The state has the burden of duty for the normal development and maturation of every child under its jurisdiction. The position of children has not improved despite the many legislative initiatives undertaken by the government in an effort to better their lot in life and the lives of other children. If a child is being abused, it indicates that they are being treated in a manner that is detrimental to their well-being as a contributing member of society. This might take the form of the child being mistreated, exploited, or having little consideration given for their development as an individual.
India has made a number of laws to tackle the horrific crime of child sex abuse, which is pervasive throughout the nation. The Act, also referred to as the POCSO Act, was passed in 2012, marking a significant turning point for this body of legislation. The Child Victims Act targets offenses committed against children and makes some types of sexual abuse against them illegal, such as assault, harassment, pornography, and trafficking. It gives a thorough definition of child sexual abuse and imposes harsh penalties on those who violate children.
The legislative plan places a significant emphasis on the need to recognise the need for particular assistance and protection for child victims. The POCSO Act establishes specialist juvenile courts and trial procedures to safeguard what is in the children’s best interests throughout the whole criminal investigation and prosecution process. The paper suggests employing child-friendly techniques, such as video conferencing, to record witness testimony toto lessen the amount of stress experienced by victims. This regulation aims to create an environment in which children may speak openly and honestly about the challenges they face without fear of retribution.
Although the Indian legal system has achieved tremendous progress in protecting children from sexual abuse, there are still challenges to be solved in this area. There are occasions when victims are dissuaded from coming forward and seeking legal remedies due to delays in the judicial system and public stigma. A closer working relationship between law enforcement agencies, judicial authorities, and support services is necessary if there is to be an improvement in the pace at which investigations, trials, and rehabilitation activities are carried out. It is also essential to strengthen the capabilities of professionals who work in the field of child protection, such as law enforcement officials, lawyers, and counsellors, to better respond to situations of this kind.[2]
Since sexual abuse of children is such a severe and pervasive issue in India, a robust legal reaction is still required; enacting the POCSO Act is a big step towards resolving this issue more comprehensively. It creates a legal framework for protecting children and the accountability of those guilty of mistreatment. However, effective implementation, awareness initiatives, and modifications to the system’s underlying infrastructure are necessary toto accomplish the legal goal. By continuing to strengthen its legislative framework and assisting in the effective implementation of that framework.
[1] 1986 SCC (3) 596
[2] Jain, Alok, “Role of Police and Investigators in POSCO Cases: Challenges and Best Practices,” in Kumar, Rajesh (ed.), Child Rights and Law Enforcement pp. 79-94 (Legal Publications, New Delhi, 2015).