A Critical Analytical Study Of Landmark Judicial Decisions Under The POCSO Act And Their Impact On Child Protection In India
Satyameshwari Chouhan, Ph.D. (Research Scholar), Dr. K. N. Modi University
Dr. Mrs. Santosh Sharma, Assistant Professor, Dr. K. N. Modi University
ABSTRACT
In India, a Protection of Children from Sexual Offences Act was passed in 2012 to enact effective laws to provide protection to children against sexual abuse, harassment and exploitation. The Act established procedures for reporting, investigation and trial of children that focuses child-friendly, with the aim of achieving justice and protection of child victims' dignity. The judiciary has been instrumental in giving effect to the provisions of the Act with several landmark judgments since its implementation. Many such judgments have shaped the interpretation and implementation of the Children Protection laws in India.
This comprises an analysis of the judicial order of the POCSO Act and its effect in the child protection systems in the country which will also be done in a critical manner. The study examines the issues of consent, age identification, evidentiary requirement, physical contact and procedural protections for child victims. It also assesses the impact of judicial rulings on the purpose of the Act and potential difficulties or problems in taking it forward.
The paper also emphasises some of the more controversial decisions that led to public discussion and concern about the scope and purpose of child safety and welfare. Further, the paper examines the practical problems arising in the investigation and trial, such as delays in disposal of cases, absence of infrastructure for children's cases and variations in the judicial approach. The research finds that although the judicial bench has helped shape the child protection jurisprudence in India, there was a crying need for a more streamlined, symbiotic and child friendly judicial judgment considering the implementation of the POCSO Act.
Keywords: POCSO Act, Child Protection, Child Rights, Sexual Offences, Judicial Interpretation, Child Sexual Abuse, Criminal Justice System, Victim Protection.
