Evaluating The Effectiveness Of The Death Penalty Under POCSO Act 2012 In Deterring Child Rape: A Critical Analysis
- IJLLR Journal
- Mar 24
- 2 min read
Advitya Ahlawat, Christ (Deemed to be) University, Bangalore
ABSTRACT
Children are the most valuable asset of a nation, and their opportunities, happiness, safety, health, and education serve as indicators of the country's socioeconomic progress. In response to an upsurge in crimes against children, the POCSO Act was introduced in 2012, and this article begins by outlining all of its major goals. It critically analyses whether the 2018 amendment to the Act, which introduces capital punishment for offenders convicted of raping children below the age of 12, would help deter these crimes. Followed by a series of tragic child rapes committed by these offenders over the years, the government on 21st April, 2018 passed an Ordinance which amended the existing POCSO Act 2012, IPC 1860 and various other provisions related to rape. This legislation stresses specifically on Capital Punishments to be awarded to these convicts who are found guilty of committing rape of children below the age of 12 years.
The POCSO Act, 2012 has undoubtedly played a significant role in India's efforts to combat child sexual abuse (CSA). It has recognized and prohibited various harmful sexual practices that endanger children. The notable increase in reported cases indicates that the law has had a profound impact on public awareness, the criminal justice system, sensitization efforts, and the promotion of CSA reporting. While the law is comprehensive, its implementation in India faces challenges due to three key issues identified within its framework. These include the strict age of consent for individuals under eighteen and challenges related to age determination accuracy.
Additionally, there are legal obligations for reporting incidents under the POCSO Act, 2012. Both the POCSO Act and the Prohibition of Child Marriages Act, 2006, reflect the Indian government's commitment to preventing child marriages and safeguarding vulnerable children. These laws are intended to deter underage marriages. However, given the aforementioned challenges and the societal and cultural contexts that often tolerate or even promote child marriages, there remains a risk of inefficiency and wasted resources. To evaluate whether the imposition of the death penalty will reduce instances of child rape, this paper will critically analyse the legislation in relation to these issues.
Keywords: POCSO Act 2012, Death penalty, Child Sexual Abuse (CSA), Deterrence, Retribution, Amendment
