Context: Supreme Court to examine concerns on POCSO clause

Source: The Hindu

Concerns raised by senior advocate Indira Jaising that mandatory reporting of sexual activity, even if voluntary, under Section 19 of the Protection of Children from Sexual Offences (POCSO) is criminalizing the young and endangering the fundamental health rights of adolescent girls were accepted by the Supreme Court.

In these situations, counselling is necessary rather than criminalization. We don’t have to raise a criminal army. Because they knew about the sexual behaviour but chose not to notify the authorities, parents, guardians, and even doctors are facing consequences.

Even if the doctor claims that the sexual conduct was voluntary, she is still required to report it to the police when a minor seeks medical attention from them. Juveniles would resort to quacks in such circumstances, putting their health at risk.

In order to prioritize prompt action and child safety, the lawmakers intended for Section 19 of the POCSO Act to compel mandatory reporting of sexual conduct.

Model Question:

“The POCSO Act is a landmark legislation to protect children from sexual offences, but its implementation faces several challenges.” Critically examine the provisions of the POCSO Act and suggest measures for effective implementation.

Model Answer:

The Protection of Children from Sexual Offences (POCSO) Act, 2012, was enacted to provide a comprehensive legal framework to protect children (under 18 years) from sexual abuse, harassment, and pornography. It recognizes various forms of abuse and ensures child-friendly procedures during investigation and trial.

Key Provisions of the POCSO Act:

1. Gender-neutral definition of a child.
2. Covers a wide range of offences – including penetrative and non-penetrative assault, sexual harassment, and child pornography.
3. Mandatory reporting of offences (Sec 19) – failure to report is punishable.
4. Child-friendly procedures: Special courts, in-camera trials, and prohibition of aggressive questioning.
5. Burden of proof is on the accused, reversing the traditional legal norm.

Challenges in Implementation:

1. Low conviction rates: As per NCRB data, conviction rates under POCSO remain low due to poor investigation and weak evidence.
2. Delays in trials: Cases often linger despite the Act’s provision for time-bound trial (within 1 year).
3. Overburdened courts and lack of special courts in many districts.
4. Insensitive investigation: Lack of training in dealing with child victims causes re-traumatization.
5. Misuse of the Act: Sometimes invoked in cases of consensual relationships among adolescents.
6. Mandatory reporting leads to underreporting, especially when the offender is a family member.

Measures for Effective Implementation:

1. Capacity building of police, judiciary, and medical personnel in child-sensitive procedures.
2. Establishing functional Special Courts in all districts.
3. Legal awareness campaigns among children, parents, and teachers.
4. Incorporate sex education and consent awareness in school curriculum.
5. Provision for counselling and rehabilitation of child victims.
6. Consider legal reforms to distinguish between abuse and consensual teenage relationships.

While the POCSO Act is a progressive and necessary legislation, its true potential lies in effective and sensitive implementation. A multi-stakeholder approach involving legal, administrative, and community support is essential to ensure a safe and protective environment for children.