Comprehensive Legal Framework And Contemporary Challenges In Combating Offences Against Children In India: An Analysis Of Statutory Provisions, Judicial Responses, And Systemic Gaps
- IJLLR Journal
- Sep 20
- 2 min read
Anmol Kumar & Jasdeep Kaur
ABSTRACT
The protection of children from abuse and exploitation remains a critical challenge in India despite comprehensive legal frameworks. This research examines India's multifaceted legal architecture for combating child offences, encompassing the Protection of Children from Sexual Offences (POCSO) Act 2012, Juvenile Justice (Care and Protection of Children) Act 2015, and constitutional provisions under Articles 14, 15(3), 21A, and 24. The study analyzes judicial responses through landmark Supreme Court judgments, including recent mandates for gender-neutral terminology replacing "child pornography" with "Child Sexual Exploitative and Abuse Material" (CSEAM). While India's legislative framework aligns with international standards and the UN Convention on the Rights of the Child, significant implementation gaps persist. The POCSO Act provides comprehensive protection with stringent penalties and child-friendly procedures, introducing mandatory reporting requirements and specialized fast-track courts. The Juvenile Justice Act emphasizes rehabilitation through Child Welfare Committees and Juvenile Justice Boards. However, systemic challenges undermine effectiveness, including inadequate infrastructure with single probation officers managing 150-500 children, insufficient inter- agency coordination, delayed judicial proceedings despite mandated fast- track trials, and low conviction rates due to procedural bottlenecks. Contemporary challenges include digital exploitation requiring updated legal responses, complexities from child marriage laws intersecting with POCSO provisions, and trafficking networks exploiting over 11 million children annually for labor. The research identifies critical gaps: underutilization of alternative care options, inconsistent judicial interpretations, insufficient personnel training, and inadequate post-placement support for rehabilitated children. Recommendations include strengthening institutional capacity through enhanced training, establishing integrated child protection databases, improving inter-agency coordination mechanisms, and developing specialized courts with adequate resources to reduce case backlogs. The study concludes that while India's legal framework provides strong foundations for child protection, transforming these laws into effective safeguards requires systemic reforms addressing implementation gaps, resource constraints, and coordination failures to ensure meaningful protection for vulnerable children.
Keywords: Children, Juvenile, Offences, Judicial, Abuse, Legal Framework
