10 years of POCSO: An analysis of India’s landmark child abuse law: Indian Express

Source: Indian Express

Exam View:

Prelims:

POCSO, National Crime Record Bureau etc

Mains GS Paper I and II:

Vulnerable sections of society, Laws, institutions and bodies constituted for the protection and betterment of vulnerable sections of society etc.

In News:

Ten years after the enactment of The Protection of Children from Sexual Offences (POCSO) Act, an analysis of POCSO cases across India has found gaps in its implementation including:

• Increasing pendency of cases
• High rate of acquittals.

POCSO Act was enacted by the Parliament in 2012 to prevent children aged less than 18 from offences like sexual harassment, sexual assault, and child pornography. The Act was passed in 2012 under the Ministry of Women and Child Development.

Key features of the POCSO Act:

Constitutional Provisions:

• Article 21: The Constitution guarantees every child the right to live with dignity, the right to personal liberty, and the right to privacy
• Article 14: the right to equality
• Article 15: right against discrimination
• Article 23 & 24: right against exploitation
• Article 21A: Right to free and compulsory elementary education for all children in the 6–14-year age group.
• Article 39(f): Obligation on the State to ensure that:
  • Children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity
  • Childhood and youth are protected against exploitation and against moral and material abandonment.

Issues related to Child Sexual Abuse:

Government Initiative:

• Beti Bachao, Beti Padhao: It was launched to address the declining Child Sex Ratio (CSR) and related issues of women’s empowerment over a life-cycle continuum.
• Child Abuse Prevention and Investigation Unit: It will collect and disseminate information on online child sexual abuse and exploitation.
• Child Labour Prohibition and Regulation Act, 2016: The Amendment Act completely prohibits the employment of children below 14 years.
• Child Marriage Prohibition Act (2006): It provides that the minimum age of marriage is 21 years in the case of males, and 18 years in the case of females.
• Juvenile Justice Act/Care and Protection Act, 2000: This Act provides for the establishment of the Juvenile Justice Board for giving justice to the juvenile in conflict with the law.

Way Forward:

Comprehensive Framework: 

The report calls for prioritising prevention activities against abuse, creating safe online environments for children, besides calling on all with a role to protect children to work together to dramatically improve the response.

Multi Stakeholder Approach: 

Developing a comprehensive outreach system to engage parents, schools, communities, Non-governmental Organizations (NGOs) partners and local governments as well as police and lawyers to ensure better implementation of the legal framework, policies, national strategies, and standards.

Question for Practice:

Prelims:

With reference to the United Nations Convention on the Rights of the Child, consider the following: (2010)

1. The Right to Development
2. The Right to Expression
3. The Right to Recreation

Which of the above is/are the Rights of the child?

(a) 1 only
(b) 1 and 3 only
(c) 2 and 3 only
(d) 1, 2 and 3

Ans: (d)

Mains:

Examine the main provisions of the National Child Policy and throw light on the status of its implementation.(UPSC 2016) (200 WORDS, 10 MARKS)

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