CHAPTER 7

ANALYSIS OF RESEARCH PROBLEM

7.1 Research Problem No. 1:

Is the implementation of POCSO Act weak? Has it failed to address the abuses and exploitations
meted out to the children?
The POCSO Act is powerless taking everything into account. It is important in this time of
innovation to make changes in the definition and significance of "youngster sexual
entertainment" under the POCSO Act. There are number of interpersonal interaction sites, for
example, Instagram, Facebook, Twitter, Tinder, WhatsApp and so on wherein youngsters are
more dynamic. The online maltreatment is on rise and the opportunity has already come and
gone that a unique instrument be planned for managing violations related with kids on the web. It
is essential that simple admittance to certain pornography recordings be halted. All things
considered; it has its own "zero resilience" strategy for youngster sexual abuse.
Under the POCSO Act, the death penalty would be dispensed to the individuals who are
indicted for a fierce wrongdoing against those under 12 years of age. It is a positive development
in that the statute perceives that youngster misuse merits thorough discipline. Execution is the
place this law needs investigation, in light of the fact that a ton of angles like clinical assessment
of kids without their assent, to recognize indications of misuse, are indistinct. Sexual contact
between consenting youths should be independently characterized too, which isn't the situation at
present. POCSO, while a positive advance, should be more characterized, and the repercussions
of the death penalty better assessed. Dread of the death penalty may lead the victimizer to quiet
the survivor forever. There is additionally obviously the presentation to video games and online
media - the impacts of these haven’t been all around investigated and may influence the weak
mind of youthful personalities. Another additional factor is conceivably time crunch guardians
face - how kids are frequently left to their own gadgets as guardians seek after a better than
average living. These set up make an air where teenagers do fall into lives of wrongdoing.
One of the comprehensive enactments to cover the rights of the children being the victim of
physical abuse that is sexual in nature is POCSO Act that tends to give protection to kids. The
protection is against offences of physical assault, harassment sexual in nature and kids’
pornography. Apart from this it also safeguards rights and interest of the kids from various
stages. The act came up with much hope and as a reform in the criminal justice system by
providing special courts, making the police more sensitive in handling the cases, providing legal
safeguards to victim and above all deciding the case in a time period of One year. With light are
the shadows resulting in delaying and pendency of such cases, police showing their indolent
attitude making such legislation ineffective, police harassment resulting in diluting effective
functioning of special efforts of the government. Going through bitter experiences of the cases in
recent years POCSO Act 2012 has resulted to be a weak law as crime rate in sexual assaults has
increased with time and no proper action has been followed and taken by authorities of criminal
justice administration. The new amendment bill 2019 has added major amendments defining
punishments for all the offences earlier defined in Act of 2012. The researcher has tried to
analyze the penal provisions provided to curb the problem of sexual assault to children, as to
punish child rape with the death penalty to reduce child sexual abuse is a fiction though it can
lead to some short term reduction of such crimes.
Sexual maltreatment and sex dealing remain profoundly predominant and are among the
difficult issues in India. Over the most recent twenty years, an expansion in the pervasiveness of
explicitly communicated ailments has been appeared in youngsters. Kids who are casualties of
sexual maltreatment frequently know the culprit somehow or another. Henceforth, the issue of
kid sexual maltreatment should be tended to through not so much equivocal but rather more
tough discipline.
The Act was comprehensive to resolve the egregious misconduct of sexual assault and sexual
misuse of children in a viable way. By enforcing the Criminal Law (alteration) Act, which
amended the Indian Penal Code, the Criminal Procedure Code, 1973, the Indian Evidence Act,
1972, and the Protection of Children from Sexual Offenses Act, 2012, lawful provisions were
made. It also guides discipline on follow-up, voyeurism, stripping, dealing and corrosive assault.
It is a sexually impartial enactment of the POCSO Act. It characterizes a kid as any person under
18 years and provides insurance to all kids from sexual maltreatment. The definition of child
sexual maltreatment is comprehensive and includes the following: penetrative sexual harassment,
aggravated penetrative incest, rape, exasperated rape, lewd conduct, explicit use of children and
sexual treatment of young people.
 The above offences are viewed as "bothered" when the manhandled young person is mentally
ill or when an entity is submitted to the child for maltreatment in a position of trust or authority.
The Act endorses tough punishment measured according to the severity of the crime, with a
maximum period of thorough detention forever, and fine. The POCSO Act also makes provisions
for preventing re-exploitation, a benevolent atmosphere for young people across all phases of the
legal cycle and offers the well-being of the child" guideline with critical significance. It
integrates well-disposed components for the announcement, recording of evidence, review and
expedient preliminary of crimes, preliminary in-camera and without disclosing by delegated
special courts the character of the youngster.
Similarly, the Act offers courses of action in a way that is least distressing for the
psychological assessment of young people. In addition, the Act specifically specifies that before
starting the care or assessment, specialists do not request legal documents or actual procedure or
paperwork to be performed. In the aftermath of the start of clinical thinking, legitimate treatment
should be conceivable later. It is obligatory for experts to enlist a medico-legal case in all cases
of sexual harassment by and by young people. Under Sec 21 of the Act, disillusionment with
itemizing could achieve a half year containment or probably a fine. After a serious clinical
evaluation, the enrolled clinical expert conveying clinical thinking will gather facts, treat
physical and genital injuries, lead age examination of the person referred to (at whatever point
required), give prophylaxis for specifically sent diseases like HIV, talk to the pubertal child and
her parent about emergency contraceptives, do design assessment Another significant course of
action taken in this law is that no crisis facility will decrease to surrender to the overcomer of
adolescent sexual assault for assessment and care under the Indian constitution area. Section 23,
which strengthens Section 357C in the Cr. P.C., has re-worried this problem.
Another enormous game this is devised is that no clinical Centre in the constitution of India
domain will minimize the overcomer of kid physical assault for evaluation and care to surrender.
In Section 23, that integrates Sec. 357C into Cr. P.C. this question has been re-complemented.
The said sections state all facilities may be required to provide the setbacks of a sexual offence
with crisis care or psychiatric treatment, free of cost. The amended IPC, Sec. 166B, shows no
clinical facility can refuse an attack setback treatment, whether private or public. Treatment
should be delivered swiftly and cost-free. If the staff of a clinical Centre is locked in with an
assault, by then legislation coordinates discipline for seven years in every situation.
 Child sexual abuse is a multidimensional issue having authentic, social, clinical and mental
consequences. There are certain drawbacks in the law around the going with issues:
(a) Child Marriage: Marriage at young age and fulfillment towards conjugal rights of the
kids are viewed as unlawful. What is necessary to understand that paying little mind to
how young marriage by adult is obstructed as per standard enactments, thereby
recognizing favor in Personal Laws subsequently frustrating issues. These problems
should also be watched out for when the law is open for change.
(b) Consent: On the off chance that the kid/juvenile won't experience clinical assessment yet
the relative or researching official is mentioning for the clinical evaluation, the POCSO
Act is quiet and doesn't provide clear guidance. There is a crushing urgency of explaining
problems of assent. Notwithstanding, anything what is needed is an assent from parent
when the one who has survived is youngster (not above 12 years) and assent from parents
as well as individuals being alluded to, provided the one who has survived has the vigour
of an energetic adult (i.e. not more than 18 years). Regardless, crisis consideration should
start not indulging in assent problems and legitimacy thereby ensuring about life of
youngster.
(c) Role of Mental Health Professionals: Indications of physical injuries just now and then
found in examples of child sexual abuse. In this manner, the finding of kids’ physical
abuse loss needs excellent aptitudes including strategies, lawful gathering as well as
clinical appraisal. Piece of general wellbeing which is mental in nature is and critical by
talking youth to Court. Adolescent physical abuse should achieve both present second
and long stretch ruinous mental health influence. Enthusiastic health specialists ought to
be related with line up care of the setback concerning advancement of mental issues, by
giving individual coordinating, family treatment and reclamation.
(d) Reporting: Generally, the prominent part that is always observed is the occurrences of
physical abuse of child where they are itemized not commonly. Moreover, youth
physical offense is astoundingly problematic including significantly near and dear ones
for certain members of family particularly moreover for those who survived such
incident. The two victims who survived including members of their family feel mortified
as well as humiliated experiencing fault, shock, disappointment as well eager agitation.
The fear of repeated abuse considering clinical evaluation, criminal value structure and
 incapably instructed society people keeps them calm and experience torture for long
range.
(e) Training: It is desperately needed for setting up clinical, legitimate, allies and law
approving workplaces in the POCSO Act, 2012. Assessment, information, watching and
honing individuals as a rule are the best challenges. Setting up all the accomplices is one
of the critical elements in giving comprehensive thought and value. There is in like
manner a critical need to set up all the clinical understudies and basic clinical
administrations masters in giving child considerate gathering, sorted out examination,
gathering confirmation, prophylaxis for unequivocally sent sicknesses and HIV, family
coordinating and normal.
(f) Medical Examination: Sec. 27(2) of the Act related to protection of children form
physical abuses orders particularly in case of females or youthful grown-up setback, the
clinical evaluation has to be conducted by a female. Regardless of the enactment orders
open clinical authority thereby giving urgent clinical thought. Looking at the other
perspective, modifications of the Criminal Law particularly Sec. 166A of IPC arranges
that clinical authority at work to break down the attack setback regardless. This
conflicting authentic position rises when female expert isn't available.
(g) Cost of Treatment: The law has projected legitimate commitment on the clinical
organization and foundation to give free clinical consideration to the survivors. In the
event that there are no appropriate offices or expensive methodology needed, wherein
State has to assume liability by repaying charges, in any case clinic may give
unsatisfactory clinical treatment strategy or might refuse the person who survived
because of thorough care and protection.
(h) Consented Sexual Intimacy: Under the said Act, physical contact with another person by
taking the consent of the person or where two young persons have taken the consent of
the other to indulge in physical intimacy, then such acts are deemed to be illegal and
unlawful under the Act thereby considering the way that no excuse is being permitted
under the Act that revolved around sexual abuse and sexual involvement by an individual
not above 18 is an offense paying little mind to agree or stage of an individual being
referred to/the reviled. However, it is proposed that when it is between two consenting
young people, any consensual sexual conduct that can create penetrative assault should
 not be a crime, unless both teenagers are convicted under the POCSO Act, 2012. On the
other hand, the latest amendment to the Indian Penal Code relating to assault laws in
20138 obviously reports that the hour of consent for sex has been set at 18 years, and any
person who has consensual sex with a youth under 18 years of age may be blamed for
assault, which could increase the number of assault cases. Another real effect is that all
MTP (clinical termination of pregnancy) cases carried out on children under 18 years)
need to be reported by obstetricians and gynecologists. The documentation of all fair
degrees of confusion of child sexual exploitation to the legal pros is a fantastic
recommendation for all health specialists working with adolescents.
(i) From this time forward, specialists need to keep watch on sexual abuse, examine and
assess the adolescent totally. Regardless of how a splendid piece of authorization is the
Act on protecting children from physical abuse and virtually any recognized form of
sexual assault towards teenagers is seen as a guilty crime, a few challenges remain to be
addressed. For survivors of adolescent sexual assault, a multi-dimensional, multi-office
meeting and phased method including permission to psychosocial preservation is to be
made available to pass on sweeping complete thinking under one housetop.
7.2 Research Problem No. 2:
Are the present laws not enough to have deterrent effect on the perpetrator?
It is necessary that changes in the criminal justice administration be made instead of
emphasizing more on death sentence for the perpetrator. There has been a lot of improvement as
of late regarding protecting children particularly physical abuse. With a goal of halting the
uncontrolled sexual maltreatment of kids, the Bill of 2019 related to protecting children from
sexual harassment had been presented before the Upper House in July, and later passed by the
two Houses of Parliament. It is good to go to turn into the 'rule that everyone must follow'. The
current bill is welcome in specific regards as it explicitly characterizes what 'kid erotic
entertainment' is; 'utilizing a youngster for obscene purposes' and for 'having or putting away
porn including a kid' is culpable. It has additionally enlarged the ambit of 'Exasperated rape'. The
feature of the Bill is the presentation of capital punishment for the assault of minors. The Bill, in
its article statement, legitimizes this by alluding to the decisions of Apex Court in the case of
Machhi Singh and Devender Pal Singh, wherein court stated capital punishment could be granted
distinctly under most extraordinary of uncommon issues. Accordingly, the expectation of the Bill
is to have an impediment impact; however, it very well may be contended that the presentation
of capital punishment may reverse discharge in instances of kid sexual maltreatment and even
have a disastrous impact. Frequently, the culprits of misuse are relatives and having such
punishment in the resolution book may demoralize the enrollment of the wrongdoing itself.
Additionally, it might undermine the life of the minor as the most extreme discipline for
homicide is likewise capital punishment.
The Committee under the chairmanship of Justice J.S. Verma, constituted in the year 2013 to
come up with recommendations on Nirbhaya issue. The Verma Committee after deliberate
consultations ended up the burden related to capital punishment on assault issues. The report that
was 262nd likewise accommodates annulment of capital punishment aside from in dread cases.
Today, capital punishment has become an unmistakable device of emblematic enactment a
political explanation to be sure. Numerous a period, the Government, by presenting capital
punishment, depicts itself to be severe and genuine concerning such offenses. It generally
redirects consideration and problems of detachment; breaches including preliminary
postponements thereby helpfully sidesteps the way that it is the assurance of discipline as
opposed to its seriousness which has discouragement in genuine sense'. It is relevant to note here
that even 18 months after the entry of the Criminal Law (Amendment) Bill, 2018, which
presented capital punishment for assault of a minor young lady, such episodes have not been
under check. The discussion here isn't tied in with holding or canceling capital punishment yet
the likely consequences of its arrangement in the Act. The impediment impact of the death
penalty seems, by all accounts, to be on the melt away. Internationally, there is exploration to
help the view that regardless of tough disciplines, there is no fall in the pace of commission of
wrongdoings.
The Apex Court of India took into consideration the case of children who were victim of
sexual abuse, thereby instructing to file a case in the form of Writ Petition by the registry with a
clear cut title on alarming rise in the reported cases of children victim of sexual abuses or rape.
The Apex Court further stated that as far as such types of offences against children are
concerned, there should be “zero tolerance attitude” and such abuses against children cannot be
accepted. The data so collected the Court indicates that more than 20,000 First Information
Reports were filed in India within in six months in 2019. On the other hand, as per the data of
the Bureau pertaining to couple of years back, in the year 2016 that the rate of conviction is
approximately 29.6% and on the other hand, pending cases are as high as around 89%. It has
also been found by the Apex Court that two months of minimum prescribed time frame for trial
is not complied with.
The court has likewise observed the deferral in preliminaries, thus guiding the Central
Government to create or enact exceptional courts inside within two months of making of request
in every locale with excess of more forthcoming issues or problems. It is necessary that it is
perceived within the said amount of time as it requires to conform to the request. The Criminal
Law (Amendment) Act, 2018 presented capital punishment for assault of young ladies beneath
the age of 12. Simultaneously, the POCSO Act, under Section 42, gives that where a similar
demonstration comprises an offense under the said Act and some other law, at that point the
wrongdoer will be rebuffed under the Act or such law, whichever accommodates more
prominent discipline. This has made an issue as the impact of such an alteration was capital
punishment for assault of minor young ladies yet not for attack against minor boys. The
proposed Bill gets rid of such an inconsistency. It is impartial and accommodates capital
punishment for "bothered penetrative rape of a youngster", hence joining every bits related to
enactment is necessary so that interpretation of the same is proper. By making said alterations
even the Apex Court of the country was of the opinion that youngster misuse "painful" situation,
as by all means and accounts sensible expectation are possible, since weak kids could be more
secure. The Bill is a stage forward in forestalling youngster misuse however the outcomes of
accommodating capital punishment should be firmly watched.
The rarest of rare cases attract death penalty. Now the question arises, does death penalty
deter crime rate particularly offences against children. India's lower place of parliament passed a
bill on Monday that will see capital punishment distributed to anybody indicted for assaulting a
youngster under 12. The revision to the Prevention of Child Sex Offenses (POCSO) act was
made at the command of Mrs. Maneka Gandhi, who stated she accepted this would deflect
sexual violations against youngsters. It came not long after a progression of prominent bodies of
evidence against youngsters, including the assault and killing of a small girl, young lady in
Indian-regulated Kashmir, thereafter later assault of a young lady in the focal Indian territory of
Madhya Pradesh. In 2013, following the shock over the assault and murder of a clinical
understudy on board a moving transport in the capital Delhi, the administration reported that
capital punishment would be appropriate to those sentenced for assault bringing about death. The
new revisions will empower a court to pass out a capital punishment to somebody sentenced for
assaulting a kid under 12, regardless of whether it doesn't bring about death. In spite of these
progressions to the law, in any case, India is a nation that is hesitant to complete capital
punishment. It is as of now endorsed uniquely for the "most uncommon of uncommon" cases -
the understanding of which is left to the court. The nation's keep going execution was on 30 July
2015. In spite of the fact that invited by many, the new alteration has additionally been
condemned by various activists who have addressed whether capital punishment is actually a
compelling impediment.
Now the question is how deterrent is the conviction. Pakistan, Bangladesh and Afghanistan
all hand out capital punishment for assault and numerous Indians for capital punishment
regularly highlight these nations as the individuals who "don't endure assault". A typical account
is likewise that there are less occurrences of assault in these nations. Specialists in the district say
that a significant contention against forcing capital punishment for assault is that it really
dissuades the framework from distributing feelings. Despite the fact that under the law, assault is
treated on a standard with fear, nothing has changed. Assault and assault cases are dynamically
expanding while conviction rates remain wretchedly low. It is likewise discovered that police are
one-sided against ladies and are reluctant to try and register instances of assault as that would
mean capital punishment for a gathering of men. To bypass that, regularly the argument would
be enlisted against one man in particular. Activists in the nation state that by and large police will
in general facilitate bargains, empowering survivors, under danger or intimidation, to pull back
their objection, so the charged is liberated based on "low likelihood of conviction.
This has become a comparative worry in Bangladesh, where the parliament got to encourage
rigid disciplines, including capital punishment for violations, for example, assault, assault,
corrosive assaults and dealing of youngsters. In any case, here once more, the seriousness of the
disciplines implied a large number of the blamed strolled free because of "lacking proof" and on
the grounds that there was no alternative of a less unforgiving sentence.
This in turn tends to raise additional burden for victims and many activists have raised there
voiced against death penalty for rape cases. Under-announcing is an issue in light of the fact that
the culprits are generally known to the people in question and there are a wide range of elements
affecting everything that influence casualties and their gatekeepers to not report the wrongdoing.
Another issue is that, in numerous country zones specifically, there is as yet gigantic shame
related with assault, which implies that significantly more grounded laws don't urge casualties to
approach. Our own is a general public where conversation of youngster sexual maltreatment is
untouchable. There is a culture of quietness that swarms our homes and our foundations
intending to this issue with the reality it merits. India has corrected its laws to expand
responsibility of police and different authorities managing brutality against ladies, which has had
a positive effect. However, the change is moderate, and studies recommend that countless
assaults in India actually go unreported. Mohammad Musa Mahmodi, leader head of the
Afghanistan Independent Human Rights Commission, which additionally distributes information
on assault, said capital punishment all alone could never be sufficient to prevent assault or urge
ladies to look for help in the equity framework.
Regardless of the institution of the POCSO Act in 2012, there has been no decrease in the
quantity of violations against kids, which implies the new law was no impediment. That is the
perception of the Supreme Court. The new law isn't an automatic response. Capital punishment
will go about as an obstruction, yet not in separation. This is an invite step, yet you need to finish
the whole cycle in a quick way. I wish they did a few examinations before declaring the law. The
second you present capital punishment, it prevents detailing. Of late, there has been an expansion
in revealing of assault cases. The Delhi High Court had educated the administration, saying that
capital punishment places the casualty in method of additional mischief, as the guilty parties
need to ensure the casualties don't make due to give the declaration. It's anything but an all-
around considered law. In our nation we have a great deal of laws; execution is the main
problem. We need unequivocal conviction. Who drives the indictment? The legislature of the
day. In the event that the individuals who were condemned in the Nirbhaya case were hanged,
that would have been an impediment. For what reason wasn't the case optimized? For what
reason didn't the legislature hurry the cycle? Rather, they accompanied another law. The attacker
is unquestionably going to execute the kid. The death penalty is a questionable subject and
criminologists, sociologists and the lawful organization are constantly partitioned. The
administration of the day must have its ears to the ground and should tune in to the individuals.
There is a bigger segment of the general public who felt that the current criminal equity
framework isn't sufficient, and we should plan something for deflect individuals from
perpetrating such intolerable violations. A ton of thought has gone into this new law. At
whatever point any change measure is taken, it generally has different sides. I don't imagine that
just in light of the fact that a relative may be protected and thusly a brutal discipline ought not be
presented. Whatever you do, there is consistently an inclination that the blamed would attempt to
avoid the law in the manner conceivable. So as to have a most optimized plan of attack
preliminary we need quick track methods, as well.
Conclusion:
In a milestone choice to reinforce the POCSO Act, the Union Cabinet a week ago endorsed a few
revisions to remember capital punishment for the Act. The changes were made in 10 segments of
the Act making it more rigid. The alterations will likewise accommodate the inconvenience of
money related fines and detainment as discipline for the dissemination of kid erotic
entertainment. The administration guarantees that the move won't just demoralize the sexual
stalkers yet will likewise ensure the interests of weak minors in the midst of pain. Yet, with the
law being made more tough, the central issue which keeps on frequenting us is: Why has there
been no eased up in sexual wrongdoings against kids? The straightforward response to this
inquiry lies in the sluggish development of our legal executive. As the forthcoming cases mount,
this encourages the planned sexual stalkers into accepting that they won't be rebuffed very soon
or may get away from rebuffed through and through. As of late, the Supreme Court has
additionally requested all high courts to shape an advisory group intended to speedily screen all
POCSO cases. It has additionally coordinated the D. G. Police pertaining to apparent multitude
to frame STF towards guarantee that severe tests are led in all such cases. How far the Supreme
Court orders and POCSO changes will go in guaranteeing equity to the people in question, the
truth will surface eventually.
The POCSO Act tries to shield youngsters from acts including rape, including penetrative
rape, lewd behavior, utilization of kids for obscene purposes, and dealing of kids for sexual
purposes. A not many of the corrections incorporate the arrangement of 'Capital punishment' as
a discipline. In this article, the examination centers around how the push to make the
demonstration more severe by the consideration of capital punishment, could incite to be a
fraudulent contention in regard to go about as an obstacle and to fulfill the guideline of equity to
diminish sexual offenses. For that reason, the article has been partitioned into four sections. The
initial segment examines the purpose of discussion. A basic investigation of the legitimate
perspectives engaged with the issue has been given in the second part which has been
additionally partitioned into sub-parts that manage the socio-lawful part of capital punishment,
the procedural lacuna included, and the obstacle impact explicitly in cases that fall under
POCSO.
The legislature articulated that 2019 revisions were acquainted with demoralize the pattern of
kid sexual maltreatment and making an impediment impact by fusing rigid correctional
arrangements. This came up by taking a gander at the enormous ascent in the kid crime
percentages, particularly after the Kathua assault and murder case. In this manner, it was trailed
by a goal to defend the enthusiasm of weak youngsters in the midst of pain and ensure their
security and respect. As an outcome, the base discipline was changed to 20 years and capital
punishment was presented among different changes pointed toward lessening the quantity of
cases identifying with youngster sexual maltreatment. While we are examining capital
punishment it is essential to discuss Section 6 that permits a capital punishment for a wide range
of exasperated penetrative rape by an individual. The Union legitimized the discipline by
alluding to the decisions of the Supreme Court wherein the court had held in “Macchi Singh and
others v State of Punjab and Devender Pal Singh Bhullar v State”, that capital punishment could
be granted distinctly in the "most uncommon of the uncommon" cases. The aim behind the bill is
noteworthy, notwithstanding, it neglects to consider the way that the presentation of capital
punishment in instances of kid sexual maltreatment is a radical advance and probably won't
prompt an obstruction impact.
Arduous preliminaries in India regularly imply that casualties need to hold up a long time
before they can get equity. What's more, in situations where capital punishment has been
distributed, those indicted have numerous odds to claim against their sentence. The men indicted
in India's most prominent assault case as of late - of a clinical understudy who passed on of her
wounds subsequent to being assaulted in December 2012 - are as yet engaging against the capital
punishments gave out by a "most optimized plan of attack" preliminary court that in September
2013. Their last allure was turned somewhere near the Supreme Court in July, yet they actually
have the choice of speaking to the president. Another outcome of a delayed lawful cycle is that it
frequently adds to the casualty's anguish. These encounters plainly recommend that disciplines
like capital punishment can possibly negatively affect the survivor's admittance to equity.
Vigorous laws would in certainty have a restricted effect in decreasing the wrongdoing except if
they are going with an adjustment in the mentalities of the police, legal executive, government
officials and society.
 Revision bills should fix escape clauses in the first law, yet the alterations contained in the
Protection of Children from Sexual Offenses Act of 2019 don't develop the first bill of 2012,
youngster rights activists state. The Protection of Children from Sexual Offenses (Amendment)
Bill of 2019 really debilitates POCSO legislation, Shailabh Kumar, legal advisor and co-head of
Haq: Center for Child Rights said. Counting capital punishment as discipline could diminish the
quantity of cases detailed and may prompt the homicide of the person in question. Further, there
has been no alteration to accommodate pay of casualties, and no solid answer for diminishing the
pendency of cases. The POCSO Act was altered with five new conditions, including stretching
out discipline from 10 to 20 years for penetrative rape with kids underneath the age of 16 and
capital punishment for irritated penetrative rape by an individual in a place of power - which
incorporates cops, individuals from the military and local officials. It additionally incorporates
situations where the guilty party is a relative of the kid, or if the attack harms the sexual organs
of the kid. Capital punishment can likewise be given if there should arise an occurrence of
exasperated rape which brings about the passing of a kid or for attack during a characteristic
disaster or in any circumstance of viciousness, the correction says, supplanting the words
'collective or partisan brutality' in the first bill. Different arrangements change the length of jail
sentences for specific sorts of wrongdoings and would not affect the pace of wrongdoing against
kids1.
Now, as for the death penalty, it is found that it is just a populist move and not a deterrent
activity. Death penalty will only reduce the number of cases that are reported in case of children
who are victim of sexual offences. It is also found that around 94% of children who are victim
of such abuses are known to the perpetrator. On the other hand, it is also found that in majority
of cases, the perpetrator personally knows the victims as well as their families and this tends to
be one of the reasons for not filling cases against the perpetrators. Apart from this, chances are
the perpetrator might rape and murder the victim so as to avoid being caught.
Again, no suggestive or conclusive evidence is there to suggest that death penalty does have
deterrent effect as compared to life imprisonment. A report was submitted by the Law
Commission in 2015 on death penalty stating thereby that death penalty be abolished except and
except in cases of terrorism.

1
https://www.bloombergquint.com/law-and-policy/death-penalty-in-pocso-act-imperils-child-victims-of-sexual-
offences
 It was also found that around 28.9% of the cases pertaining to child victim, wherein the Court
has awarded death penalty by the trial Court, the cases just end up in an acquittal by the higher
Courts. It is also found that around just 4.3% of the cases resulted in imposition of death penalty
by Trial Courts.
Looking at the Kathua case, wherein an eight-year-old girl was kidnapped, raped and then
murdered in a village at Kathua in Jammu and Kashmir in 2018. From these seven accused, six
were convicted in Kathua case. Out of these six convicts, three convicts were awarded life
imprisonment and rest three convicts were awarded imprisonment for five years.
On the other hand, in the case of Unnao case, wherein a seventeen years old girl was gang
raped in the year 2017 by a person in Unnao who was a member of the Uttar Pradesh Legislative
Assembly and he was also a member of one of the largest political party, in power in the State as
well at the Centre. This case is still on. So, what is necessary here to understand is that instead
of taking decisions in haste, it is necessary that the government should first study how different
people react to different changes and then understand the problems in implementing the Act.
Now, this Bill i.e. the one which is related to protecting kids from sexual offences, amended
Bill, 2019 is silent as far as the protection of the victims or their families are concerned. This is
problematic situation where in the accuse holds some authority or is in a position of authority.
Under such circumstances, just increase in the punishment against such assaults are not
sufficient. This Bill was presented by the Minister of Women and Child Development Ms.
Smriti Irani. While presenting this Bill in the Rajya Sabha, she stated that more than 1200 fast-
track special Courts for dealing with POCSO cases would be set and even the Apex Court also
issued directions to Districts to constitute fast track Courts to deal with cases registered under
POCSO Act and it also stated all pending cases be resolved within 60 days. But still, these fast-
track Courts have not helped in reducing the pending cases in the Court.
For example, quick track courts don't address the issue of opportunities in courts. Unique
courts established under the POCSO Act will have judges, not beneath the position of a meetings
judge and will be designated from similar pool of judges. Activists said that making a kid
amicable condition in courts is significant, so the legal and managerial cycle doesn't add to the
injury of the kid. In the Indian legal framework, the two appointed authorities and uncommon
public investigators need additionally preparing to deal with touchy cases, Kumar said. For
example, the Juvenile Justice Board is going by a central judge who hears cases just identified
with kids, which encourages them be touchier and give all their chance to such cases. For
example, the Juvenile Justice Board is going by an important officer who hears cases just
identified with kids, which causes them to be more delicate and give all their opportunity to such
cases.
Further, the bill ought to have attempted to set down principles to improve police examination
concerning these cases. For example, the Supreme Court, because of a public premium case on
the disturbing ascent in announced youngster assault occurrences, slow examinations and time in
accepting lab reports, proposed assigned scientific science labs in each area of the nation for the
POCSO Act. The revised POCSO Act accommodates the setting up of one-stop focuses where
youngster casualties can get cover, clinical help, guiding and legitimate guide, all under one
rooftop. Activists invited this arrangement.
The Compensation Scheme of the National Legal Services Authority meant for those children
who are the victim of abuses particularly rape victims, will indeed act as a guideline for the
Courts that deal with the matters of child abuse to award appropriate compensation. Even the
Apex Court in the year 2018 ruled that the compensation be paid to the victims of abuse and the
Apex Court also asked the government to ensure that the compensation be paid under the said
Act. The drawback in case of this Bill is that, this Bill nowhere speaks about in case the child
dies i.e. if the child is no more, then in that case who would receive the compensation.
Moreover, there still remains a gap in the implementation of the scheme of compensation under
this Bill as still there is a huge gap between the cases registered under POCSO in the year 2013
and the interim compensation provided to the child victim, therein indicating that the pace of
implementation of compensation scheme under this Bill is too slow.
Another issue that needs attentions is pertaining to the consensual sex and sexual abuse.
Generally, as far as the consensual sex is concerned between young adults is concerned, the
legislation takes an antiquated approach while treating these types of cases. But, when such
consensual sex is reported under POCSO Act, wherein young adolescents say not more than 18
years, there in it becomes difficult to distinguish between these two concepts of sexual abuse and
consensual sex, as the Act nowhere defines it clearly. And this is where the problem lies,
because of this, the families of the child victim tends to misuse the Act to cover up the cases of
inter-caste marriage or cases of elopement.
 This is the reason, even the Madras High Court had suggested that the age that defines the
concept of “Child” should be reduced to 16 years from 18 years. Further, the Madras High Court
further stated that the said POCSO Act needs to also define the age gap between the victim and
the abused should be addressed to, which means, that the age difference between the victim and
the abuser be taken into consideration while differentiating between sexual abuse and consensual
sex.
Youngster sexual maltreatment includes any sexual movement with a kid where assent isn't or
can't be given. This incorporates sexual contact that is cultivated forcibly or danger of power,
paying little heed to the age of the members, and all sexual contact between a grown-up and a
kid, whether or not there is duplicity or the kid comprehends the sexual idea of the movement.
Sexual contact between a more established and a more youthful youngster likewise can be
oppressive if there is a huge difference in age, advancement, or size, delivering the more
youthful kid unequipped for giving educated assent.
Another drawback is the two-month deadline to complete the trial of the case. According to
this provision under the said Act, the investigations under the said Act be completed within the
time frame of two-months, and these two months deadline for completing the trial in such cases,
helps the perpetrator to walk free as the time frame for completion of investigations is too short.
Since the time India accomplished autonomy, the three wings of the Government have put
forth steady attempt to secure the offspring of rights as they are our public resource. The council,
chief and legal executive has taken proactive measures to place in places different powerful
enactment, approaches and plans to guarantee the turn of events, endurance, insurance and
ordinary development of kids. In any case, in spite of this exertion, the circumstance of kids in
India actually stays shaky. In spite of the fact that laws are there, it has been truly hard to execute
them particularly in provincial pieces of India. The principle point ought to be to execute the
laws appropriately in the field. Kids being a preeminent resource of our country, they ought to be
the need. Be that as it may, in a nation like India, which has incredible variety, enormous number
of coasting populaces, social clash and unrest, the difficulties to guarantee the privilege of the
kids is considerably more noteworthy. The principle need in this given circumstance is to give
the kids a defensive climate which will be strong to their development and this can be made
distinctly through the foundation and authorization of satisfactory enactment, tending to hurtful
perspectives, customs and fiendish practices. The budgetary designation to different plans and
undertakings are not satisfactory and there is an up and coming need to build it.
Long haul impacts of youth sexual maltreatment are fluctuated, complex, and frequently
wrecking. Numerous obstetrician–gynecologists purposely or accidentally give care to
manhandle survivors and should evaluate all ladies for a past filled with such maltreatment.
Sadness, nervousness, and outrage are the most ordinarily announced enthusiastic reactions to
youth sexual maltreatment. Gynecologic issues, including persistent pelvic torment, dyspareunia,
vaginismus, vague vaginitis, and gastrointestinal problems are regular findings among survivors.
Survivors might be more averse to have normal Pap tests and may look for almost no pre-birth
care. Obstetrician–gynecologists can offer help to manhandle survivors by giving them engaging
messages, directing references, and empathic consideration during delicate assessments. Ladies
who are overcomers of youth sexual maltreatment frequently present with a wide cluster of
indications. Oftentimes, the basic reason for these side effects is unseen by both the doctor and
patient. The obstetrician–gynecologist ought to have the information to evaluate for youth sexual
maltreatment, analyze messes that are a consequence of misuse, and offer help with
intercessions. Grown-up youth sexual maltreatment survivors lopsidedly use medical care
benefits and bring about more prominent medical services costs contrasted and grown-ups who
didn't encounter misuse.
Sampurna Behrua Vs UOI is another milestone judgment in such manner. In this Judgment,
fair equity Madan B Lokur. Condemned the public authority for not guaranteeing privileges of
the defenseless and not appropriately guaranteeing the arrangement of Juvenile equity Act and
furthermore referenced that a ton of state has not made adolescent equity board yet which was
additionally referenced in the writ request documented by Sampurna Behrua. It additionally
contained terrible conditions in some haven homes which is plainly violative of Article 21 of the
Indian Constitution. Subsequent to concentrating every one of the significant realities and
hearing every one of the contentions, the Supreme Court at last conveyed its judgment and gave
certain headings. They coordinated to top off the opening in NCPCR and SCPCR so satisfactory
labor is there. The state government should take every one of the sufficient measures to top off
positions in the adolescent equity board and guarantee execution. The JJ'B will sit consistently so
that less cases are forthcoming. The Ministry of Women and youngster improvement should
utilize data innovation to have an appropriate data set of missing kids. The National and state
police foundation ought to present law as a piece of their educational plan. The kid care
establishment will be noble. At long last, a solicitation was made to the central equity of each
high court to set up kid amicable courts in the state. This judgment helped in the appropriate
execution and foundation of JJ'B and noble asylum home generally2.
In Northern America, it was found that out of three female kids at least one young female kid
and in the same ratio the young male kid are not handled in proper way. Though it is not easy to
zero in on exact total numbers of such victimized kids, the reason being many issues that had
been taken place with such kids are not reported or not attended by the concerned people. Such
victims of abuses can have a wide scope of impacts in adulthood. Some grown-up survivors
experience not many emotional wellness issues, while others experience numerous psychological
well-being issues. Misuse is a sort of injury. Injury is a circumstance that is stunning, extreme
and troubling.
More recently, the Bombay High Court, had modified a Sessions Court order that held a man
guilty for causing sexual assault on a minor and had ruled that “groping a child without skin-to-
skin contact with any type of sexual intention” does not fall under the ambit of offence under the
Prevention of Children from Sexual Offences (POCSO) Act. In this case, the Apex Court did not
take into consideration the judgment released by Bombay High Court. This was in fact the most
controversial judgment delivered by Bombay High Court wherein accused did get acquitted on
grounds that to prove that sexual assault has taken place over the minor, a skin-to-skin contact is
necessary. This controversial order was stayed because it was stated that otherwise it will set a
bad precedent, and this would then lead to dangerous situation.
In this case, Justice Pushpa Ganediwala, had passed this controversial judgment by stating
that groping of chest of a child or attempting to strip her would not result in sexual abuse, but it
will amount to molestation under section 354 of the Indian Penal Code, which indicates
outraging the modesty of a woman. In this case, the Sessions Court had sentenced him to three
years of imprisonment under the POCSO Act and thereby also imposed Section 354 of the IPC.
But Bombay High Court revised the order of the Sessions Court, and reduced the punishment to
one year on the grounds that there was no sexual abuse of the child as there was no skin-to-skin
contact and as such the accused was told to undergo imprisonment for one year for outraging the
modesty of the woman.

2
https://blog.ipleaders.in/legal-framework-for-the-protection-of-child-rights-in-india/
 In 2016 in the month of October, in our neighbouring country, Pakistan, it’s Parliament
passed enactments to build verdicts for assaults as well as honor deaths of young ladies as well
as ladies and shut an escape clause that permitted a significant number of the executioners to go
free. The greater part of the deaths isn’t arraigned, because of fundamental of personal laws
which permits executioners without any sentence or without any action on them on the off
chance as if are pardoned by young lady's or lady's members of the family. The culprits generally
are relatives, so exemption are regularly on the basis of the standard. Thus, as per the these
provisions, family members related to casualty might possibly have the option to acquit the
executioner on the off chance that he is condemned to the death penalty. Nonetheless, the
offender would in any case confront a required imprisonment for life term. Assault cases in
Pakistan have been rising and the verdict on such cases practically, to a great extent bears no
fruits because of different specialized obstructions to getting to equity. The punishment in the
new law will be detainment for a very long time. As for assault of kids or intellectually as well as
genuinely incapacitated have additionally gotten culpable. Even the Parliament of Tunisian in
2017 received dispensing with viciousness as compared to ladies as well disposing of exemption
towards culprits, perceiving such as savagery as compared to ladies incorporates financial,
sexually oriented, politically oriented and mental brutality. In addition, the provisions canceled
an arrangement related to reformatory enactment permitted an attacker to get away from
discipline on the off chance that he wedded his casualty. It additionally condemns the work of
kids as homegrown specialists.
7.3 Conclusion
At the outset it is necessary to understand here that as for the research problems are concerned
pertaining to this research, the focus was on two things:
(a) Whether the implementation of POCSO Act is weak or not and whether it has drastically
failed to address the abuses and exploitations meted out to the children or not.
(b) Whether the present existing laws are enough to have deterrent effect on the perpetrator
or not.
 Figure 28: Acquittal data in case of child sexual abuse
The said Act, which is framed for providing adequate support and protection including care
to the children who are victim of violent or sexually oriented abuses is a robust Act and is very
good from the point of view of the kids. Kids refers to all those, who have not attained the age
of majority.
The above data indicates data as to majority of cases in India ending in acquittal. In
majority of the cases, the victims of such abuse or violence turn hostiles. So, basically the
implementation of the said Act is not proper. Had the implementation been proper, the rate of
conviction would have been high and victims turning hostile data would have fallen. Apart from
that, even if we presume that implementation of the said Act is proper in the country, then the
data indicating justice meted out to kids would have been proper, or the rate of crime against kids
would have reduced, but it is not so. As such, the implementation of the said Act is not as per
the objective for which it was enacted. One of the best feature of the said Act is that it is stated
that it is advisable to conclude POCSO cases within a time frame of one year. But looking at the
present scenario, the said cases are hardly concluded within a time span of 365 days. There is
also a big list of pending cases before the courts pertaining to cases of kids, who are victims of
abuse or violence or maltreatment.

Figure 29: Alarming trend of cases

 With the changing times, the cases against the kids have been growing at a faster pace. This
is very clear from the above figure, wherein some of the districts, wherein POCSO cases has
been reported as also the districts where less numbers of cases are reported. This trend, no doubt
is disturbing.
The second research problem, that speaks about the deterrent effect of punishments or
penalties as prescribed under the Act upon the perpetrators of the kid are sufficient enough or
not. After going through number of case laws, case clippings, news clippings, case studies, it is
found that the punishment so provided is not deterrent. Even some of the provisions so provided
under the said Act can be mis-interpreted.

Figure 30: Punishments under POCSO

In the lasted judgment given by High Court of Bombay, where in the judge stated that to
prove rape or attempt of rape, grabbling or touching in appropriately a victim is not sufficient
and to prove rape has occurred, skin-to-skin contact is necessary. Which very clearly indicates
that there are loopholes in the said Act. Had this not been the case, then even touching of a kid
inappropriately should be made punishable with deterrent punishment, so that henceforth no one
can dare to touch the kid inappropriately. Had the punishment part under the said Act been
deterrent, the cases against the kids should have reduced, but on the contrary, they are on rise.
The cases, undertaken for studying these two research problems, very clearly indicate that the
said Act is good enough to cover all the issues of a kid and the various types of issues a child can
face but implementation is weak and punishment and penalty so provided for various offences
against the child is not deterrent. Looking at the data in above figure, it clearly indicates that the
punishments so accorded to the perpetrators of the victim between 2018 and 2020 is not
deterrent. Even Section 29 of the said Act is absolutely clear that the if a perpetrator of a kid is
caught or is even if prosecuted, then in the beginning itself such perpetrator shall be presumed to
be guilty, but kids turning hostile under various circumstances pose a threat.
 A young boy of 12 years was charged with raping a young girl less than 12 years of age,
wherein he was convicted and was later on sent for being reformed. What is important to note is
that the entire procedure under POCSO Act of dealing with the child while convicting him/her
tends raise many questions. As in this case the 12 years old boy who had raped the young girl
had indulged in intercourse, as such as child as young as 12 years is he capable of indulging in
such an act. As far as the version of the victim is concerned, it is not that easy to rely upon it.
In one of other cases, a young girl, who was living in an orphanage had raped a young kids
from an orphanage itself. In this case, a boy working in dispensary had been indulged in
watching porn and he also used to show porn to other kids in an orphanage. So, to give it a
practical shape, the wanted to perform such acts so, they zeroed on a young girl in the orphanage
itself and performed some of the acts on her and due to which she died. All this indicates that
there is a need for creating awareness so that such types of incidents can be stopped.

Figure 31: Rape cases in India

The above figures gives the data pertaining to rape cases in India. It is found that around
15% of rape cases are related to kids who are victims of this ghastly act. In case a victim is first
raped and then murdered, then such an incident is recorded as murder and not as a rape. One of
the biggest reason for treating it as murder and not rape is that the as the primary office is murder
and this is what is the heinous type of crime. Therefore, in such cases, where the case is
recorded as murder and not as rape, the statistical data excludes about rape from its data.
In the year 1995, a young girl of 14 years was raped and then murdered by the security
person of her building. He had a liking for the school going girl and used to pass comments, to
which she reacted and her parents scolded him. He had then tendered apology for his behaviour.
But somehow, he had the grudge against that girl and one fine day, when her parents were not at
home and she had just come from the school, the security guard, entered her flat and first raped
her and then brutally murdered her. The Apex Court of the country had found this incident to be
falling under the category of rarest of rate act and had sentenced the security guard to death and
he was hung. But such types of incidents raises questions on the integrity of such people, who
are supposed to guard the building and that too from strangers too and where they themselves
indulge in such acts.
Even in the case of Kathua case, wherein a very young girl of around eight years is first
drugged and then is abducted and kept captive and is raped for a week and then she is killed.
This gang rape of such a small girl was a heinous crime, wherein again, the Apex Court of the
country had held three men guilty of this ghastly act and were awarded life sentences.
In another case, a young girl of about twelve years, is repeatedly raped by 18 men in
Chennai, where they kept her captive for around 7 months and kept her there by drugging her.
They used to take her to vacant flats in the building to sexually assault that girl.
The analysis of research problems with the help of cases falling under POCSO Act, indicate
the kids victim of abuse and wanting justice have to wait of approximately 200 years in three
states of India. These are:
(1) Gujarat
(2) Arunachal Pradesh
(3) Manipur
 Figure 32: Years needed to complete Trial of pending cases
In the new past, expanding number of rape bodies of evidence against minors have moved
into the open. The horrendous subtleties of the Kathua assault case are still new injuries, the
chilling subtleties of the homicide of the young lady in Surat with 86 injuries on her body are as
yet incensing people in general. A few lawful arrangements have been defined and carried out to
control this loathsome wrongdoing, yet it doesn't stop to exist.
The above figure indicates approx. total number of years that are required to complete the
trial process related to pending cases. And all such data in fact is a worrisome one. The number
of pending cases have been rising continuously.
Kids are not even protected in places they ought to be – schools, universities or home.
Misuse can happen anyplace. Nobel harmony laureate, Kailash Satyarthi asks, "Do you feel that
a 15-year-old young lady manhandled today will go to court hearings when she turns 60?" This
is the issue with our country. Equity postponed is equity denied. Sexual maltreatment of kids
influences their psychological development. These youngsters show dread and uneasiness in
light of individuals taking after the charged. They grow up with trust issues. The injury may
regularly prompt mental issues. In the more extended run, it can cause uneasiness related issues,
foolish practices, for example, liquor addiction or medication misuse, mental breakdowns, and a
sleeping disorder. The injury of the maltreatment won't ever disappear. In any event a reasonable
preliminary and judgment can facilitate the agony and reestablish their confidence in the legal
executive and mankind.
To combat such type of situation, help from all the appropriate authorities is necessary so
the that young children can be protected and proper care and protection can be provided to them.

Figure 33: Crimes against children

The above figure states that the rate of crime in Haryana is on rise against children. Rape
and murder of young girls is on rise. In the following cities of Haryana the crime against kids is
on rise:

 Panipat
 Gurugram
 Faridabad