POCSO: The Law that Fails

Protection of children from sexual offences Act, 2012 also known as POCSO came into force in 14 November, 2012 . The act was after state failed to protect children from sexual offences the like famous case of Allan John water vs. State of Maharashtra, 2008 with further Supreme court Judgement in 2011, also known as the Anchorage case which showed the need for stringent act to protect children from sexual offences and the requirement of special act was indeed visible after this case, also keeping in mind the best international child protection standards. Since india have the greatest population of children at 472million the act was indded required for the protection of such a number of population of nation, but according to NCRB REPORT 2019 the numbers show a very different image by rate crime against children per 1 lakh still at 122.4 which may sound a little low to be concerned but the incident are at 148185 which is 6421 more than last year.

This basically means it is increases and the also shows the effectiveness of children protection policy of state which is failing miserably. In posco the rate of conviction is at 28percent, the cases disposed in some states like Kerala according to KSCP report only 10 percent are disposed in a year which is prescribed time limit by the act. The reason why  acquittal rate is so high is because of  the untrained police staff behaviour towards victim and also in some cases judgment that shows ignorance and apathy towards the victim like the latest comment by Bombay Highcourt that “ Skin to Skin contact with sexual intention without penetration” further “ mere grouping will not fall under the definition of sexual assault” these judgment show apathy towards victim from judiciary side also the pocso carries a higher amount of punishment then ipc  for example:-  Section 7,8 of the pocso is relatively similar to section 354 of I.P.C  where in pocso the offence under sec.7,8 is punishable with 3-5 year and also liable to fine but in I.P.C same is punishable with 2 year.

So for that  reason  judges opt for ipc more then pocso act because of punishment being rigorous in pocso  and need higher standard of proof , these practise diluted the effect of the pocso act. The state vs bijendra 2014 case also shows same where judge acquitted perpatator in pocso instead convicted him in Ipc. Also an NLSUI report “ Study on the working of special court under pocso act in Delhi” has highlighted the reluctance of court convicting under sentence that carry mandatory minimum  sentencing. The new amendment brings more stringnent punishment under pocso amendment bill 2019 if this is for the betterment of society and reducing crime against children but if the judiciary still showed reluctanty against minimum sentencing criteria which has been increased this might create more havoc then peace.  It would be better if judiciary approach towards the pocso cases change. As Malala yousafazai  said “  One child , one teacher , one pen can change the world”.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

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