The Legal Procedure For Age Determination Of Children In Conflict Of Laws Analysing Section 34 Of The POCSO Act, 2012
- IJLLR Journal
- 11 minutes ago
- 2 min read
Shudharshini E, School of Excellence in Law, The Tamil Nadu Dr.Ambedkar Law University
ABSTRACT
A study conducted by the Minister of Women and Child Development ‘Study on Child abuse: India 2007’ found that children are subjected to different kinds of abuse where two out of every three children were physically abused, where more than 53% have experienced sexual abuse and both boys and girls have reported emotional abuse. All these findings show only one side where no one knows the unreported incidents which can lead to different numbers. The existing legislations were proved to be ineffective to significantly mitigate the problem. Article 39(f) of the Indian Constitution provides for the state to make policies specifically for children’s opportunities and facilitate their development in conditions of their dignity while protecting them against any exploitations. There was a need for a legislation dedicated for children, which paved the path for enactment of Protection of Children from Sexual Offences Act, 2012. The objectivity of this act was elaborated in the case Alakh Alok Srivastava vs Union of India on 1 May 2018 in which the ‘Objects and Reasons of the Act indicate the focus for reduction of child abuse and protection of children from the offences of sexual assault, sexual harassment and pornography, etc’. This act shall be applicable to children under the age 18 and a proper determination of the age of the accuse/victim to apply the provisions of this act is crucial. The aim of this article is to analyse the evolution of determination of age of children under section 34 of POCSO act with help of other relevant legislation and judicial pronouncements while evaluating their effectiveness.
