The Interpretation And Implementation Of The Protection Of Children From Sexual Offences (POCSO) Act
- IJLLR Journal
- Jul 22, 2023
- 2 min read
Hegreev Kumar, University of Petroleum and Energy Studies, Department of Law, Dehradun
Introduction
The 2012 Protection of Children from Sexual Offences Act is referred to as the POCSO Act. The Indian government passed this significant piece of legislation to address and prevent sexual offences against children. The legislation offers a framework for the legal care, protection, and assistance of children who have been the victims of sexual exploitation and abuse.
The Indian government's implementation of the POCSO Act, 2012 was motivated by a number of factors including worries about the sexual exploitation and abuse of children. The need for a comprehensive statute like the POCSO Act1 was raised by a number of high-profile incidents that demonstrated how urgent it was to address the problem. Following are some major instances that received a lot of media coverage and stirred up widespread outrage:
The 2012 Delhi gang rape case (Nirbhaya case)2: Although not directly related to the POCSO Act's enactment, this case highlighted the larger problem of violence against women and children in India and triggered widespread demonstrations. It sparked debates on the necessity of stricter legislation and better protection for vulnerable populations, particularly children.
The 2008 Nithari killings3: The Nithari killings were a string of kidnappings and sex assaults that took place in the village of Nithari, close to Delhi. The investigation that followed the horrible atrocities showed how widespread child exploitation is and how inadequate current legal framework is to deal with such awful offences.
The need for specific legislation to protect children from sexual offences was underlined by these and other cases that are comparable to them. In response to these instances, public demand, and the realisation that a comprehensive legal framework to handle child sexual abuse was urgently needed, the POCSO Act, 2012 was introduced.
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