Facts:
- Only 15 cases are decided out of registered 312 cases under Protection of Children from Sexual Offences (POCSO) Act in Delhi since 2013 (2.4% conviction rate)
- POCSO e-box launched: It is an online complaint management system for easy and direct reporting of sexual offences against children and timely action against offenders under POCSO Act, 2012
- >50% of children have faced one or more forms of sexual abuses.
What is the issue? Why legal system is failing in this regard?
- Tripe trouble:
-
- Slow trial
- Low conviction
- Under-reporting
- Real Issues:
-
- Victims turn hostile –> offenders are known in most cases.
- Threat/ pressure
- No conducive env for child in court
- Compensation is rarely awarded
Why sudden spurt in POCSO cases in past few years?
Recent spurt in cases under POCSO can be attributed to:
- Increased in awareness
- Increase in age of consent from 16 to 18
What steps are taken by government?
Steps:
- Distinct ministry for child development
- Compulsory sex education in schools
- Amendments in visa forms to capture information about pending cases and convictions against foreigners seeking entry into India.
What are important provisions of POCSO Act-2012?
- Act provides for estb of special court, appointment of special public prosecutor
- Compensation
- Timelines for recording evidence and Completing trial
- Child friendly procedure
- Act prescribes Presumption of guilt in serious offences
Shortcomings in POCSO 2012?
- Special courts seldom special and handle variety of cases
- Functioning not at all Child friendly e.g. only judge is allowed to ask questions to child -> rarely followed
- 3 year imprisonment –> 22 year old forcibly kissing 17 year girl –> Harsh punishment