PROTECTING CHILDREN FROM SEXUAL OFFENCES - CHALLENGES AND ISSUES IN THE IMPLEMENTATION OF POCSO ACT, 2012

• Gupta, Kanchal

  University of Delhi

  Author

• Pandey, Stuti

  Author

More than a decade after the enactment of the POCSO Act, critical analysis demonstrates that the legislation has made significant strides in enhancing the legal protection of children against sexual offences in India. The establishment of specialised courts, the introduction of child-friendly procedural safeguards, and the gender-neutral scope of the Act represent notable legislative achievements. Nevertheless, a pronounced gap persists between the legislative objectives and the realities of implementation. Systemic barriers such as underreporting due to social stigma, procedural delays in investigation and trial, insufficient victim support services, and regional disparities in enforcement continue to undermine the Act’s effectiveness. Additional challenges include ambiguities regarding consent, rigid sentencing provisions, and contradictions with personal laws, such as those permitting child marriage. These complexities impede the consistent application and overall efficacy of the Act. Therefore, while the POCSO Act provides a robust legal framework for child protection, its transformative potential can only be realised through sustained, multidimensional interventions that address these entrenched challenges.

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