Why in News?
The Supreme Court expressed concern over misuse of the POCSO Act to criminalise consensual adolescent relationships, noting rising instances where stringent provisions are being invoked as retaliation. The Court is considering issuing directions to enhance legal awareness and gender sensitisation among students.
Description:
| Parameter | Details |
| Full Name | Protection of Children from Sexual Offences Act, 2012 |
| Enactment Date | 19 June 2012 |
| Enforcement Date | 14 November 2012 |
| Ministry | Ministry of Women & Child Development |
| Purpose | To protect children (<18 years) from sexual assault, sexual harassment & pornography + establishment of Special Courts |
Key Features:
- Applies to children below 18 years of age
- Gender Neutral Law (protects both boys & girls & transgender children)
- Covers penetrative & non-penetrative sexual assault, sexual harassment, use of child for pornography
- Aggravated offences defined (doctor, teacher, police officer, family member, persons in authority, mentally ill victim etc.)
- Child-Friendly Procedures mandated
- Statement to be recorded at child’s residence or a non-hostile environment
- No aggressive questioning / repeated cross examination
- Identity of child must be protected
- Special Courts to handle cases exclusively under POCSO
- Mandatory Reporting of offence (failure to report → punishable)
- False complaint made with intent to defame → punishable
- NCPCR (National Commission for Protection of Child Rights) + SCPCRs (State Commission for Protection of Child Rights) monitor implementation
- Section 42A → POCSO overrides any inconsistency with other laws
- Aim to dispose cases within 1 year from date of reporting
Why was POCSO needed?
- IPC sections were inadequate:
- 375 did not cover boys
- 354 lacked definition of “modesty”
- 377 vague “unnatural offence” term
- India: largest child population (Census 2011 → 472 million <18 years)
- India is signatory to UN Convention on Rights of the Child
POCSO General Principles: Best interest of child, Right to life / survival, Right to dignity & compassion, Right to privacy, Right to be informed, Right to be heard, Right to safety, Right to compensation etc.
Related Digital Initiative
- POCSO e-box launched by MWCD → online portal to directly report child sexual abuse.
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