From Reporting To Justice: Examining Underreporting, Institutional Barriers, And Access To Justice Under The POCSO Act In India
Nishtha Singh, Research Scholar, Sharda School of Law, Sharda University, Greater Noida, India
Rahul J. Nikam, Professor, Sharda School of Law, Sharda University, Greater Noida, India
ABSTRACT
The study presents the implementation of the Protection of Children from Sexual Offences Act, (POCSO Act) 2012 in India, with focus on the justice for child victims. The aim of the study is to examine the factors that leads to non-reporting and considers obstacles facing by child victims during the justice process, namely obstacles related to reporting, investigation, medical examination, prosecution and judicial proceedings. The methodology of the study is qualitative, analytical and legal, especially focused on secondary sources of information for the entire research, i.e. case law, official reports, government documents, research literature and other legal documents relating to the subject matter. The provisions considered the Act as, substantive, procedural and institutional sections of 3-15, 19-21, 24-30, 32 and 33-40. The finding shows that underreporting happens due to stigmatization, shame and silence, fear of reprisal, worry over family reputation, dependence on the offender, interaction with the offender, and lack of knowledge of the law. The result showed that institutional and procedural obstacles may cause delays, inaccessibility, unresponsiveness, unfairness, untimeliness and inefficiency of justice. The discussion highlights that statutory safeguards alone cannot ensure child-sensitive justice without consistent institutional implementation. Therefore, the study focused on institutional coordination, specialised training, child-friendly reporting mechanisms, effective procedural safeguards and victim-support measures.
Keywords: POCSO Act, Child Sexual Abuse, Underreporting, Institutional Barriers.
