POCSO ACT
1. Context
Ten years after the enactment of The Protection of Children from Sexual Offences (POCSO) Act, which deals specifically with child sexual abuse, an analysis of POCSO cases across India has found gaps in its implementation including increasing pendency of cases and a high rate of acquittals.
2. Development of Legislation Against Child Sexual Abuse in India
Constitutional Provisions and International Commitments
- The Constitution of India includes provisions to protect children's rights.
- India has ratified international instruments like the Convention on the Rights of the Child and the Protocol on the Sale of Children.
Lack of Dedicated Provision
- India lacked specific legislation addressing child sexual abuse.
- Cases were tried under various provisions of the Indian Penal Code, which were deemed insufficient.
Goa Incident and State-Level Response
- A child sexual abuse racket was exposed in Goa during the 1990s.
- The state government responded by enacting a law in 2003 to promote child rights.
Children's Code Bill, 2000
- The Special Expert Committee under Justice VR Krishna Iyer drafted the Children's Code Bill, presenting a comprehensive framework for child rights in India.
Draft Bill Addressing Offences Against Children
- In 2005, the Department of Women and Child Development prepared a draft bill to address different offenses targeted against children.
Study of Child Abuse Report (2007)
- Published by the Ministry of Women and Child Development.
- Covered 13 states with a sample size of 12,447 children, 2,324 young adults, and 2,449 stakeholders.
- Found that 50.76% of children surveyed reported experiencing one or more forms of sexual abuse.
- Boys reported a higher overall percentage of sexual abuse than girls, contrary to prevailing perceptions.
Protection of Children from Sexual Offences (POCSO) Bill, 2010
- In September 2010, the Ministry of Women and Child Development prepared a draft bill.
- After several revisions, it came into force as the POCSO Act on Children's Day (November 14, 2012).
3. Analysis of POCSO Act Trials and Case Characteristics
- Acquittals and Convictions: Analysis shows that 43.44% of trials under the POCSO Act end in acquittals, while only 14.03% end in convictions. For every one conviction, there are three acquittals, indicating a significant disparity.
- State-wise Disparity in Acquittals and Convictions: Acquittals are significantly higher than convictions in all states studied. Examples: In Andhra Pradesh, acquittals are seven times more than convictions, and in West Bengal, acquittals are five times more than convictions. Kerala has a relatively lower gap, with acquittals constituting 20.5% and convictions constituting 16.49% of total disposals.
- Relationship Between Victim and Accused: Out of 138 examined judgments, only 6% of cases involved accused who were strangers to the victim. In 44% of cases, the relationship between the victim and accused was unidentified. Known acquaintances constituted 22.9% of the accused, family members accounted for 3.7%, and cases with prior romantic relationships made up 18%.
- Age Distribution of Victims and Accused: Among the 138 cases studied, 5.47% of victims were under 10 years, 17.8% were between 10-15 years, and 28% were between 15-18 years. The age of the victim was unidentified in 48% of cases. Age details of accused individuals were not identified in 63.6% of cases. Identified age ranges of accused: 11.6% between 19-25 years, 10.9% between 25-35 years, 6.1% between 35-45 years, and 6.8% above 45 years.
- Offenses and Severity: Penetrative sexual assault (31.18%) and aggravated penetrative sexual assault (25.59%) collectively account for over half of all POCSO cases. These offenses carry the most stringent punishments under the POCSO Act.
4. Analysis of POCSO Case Disposal and Pendency
- Delayed Disposal: On average, it takes 509.78 days for a POCSO case to be disposed of, exceeding the one-year stipulated timeframe under the Act.
- Increase in Pending Cases: The pendency of POCSO cases had been gradually increasing over the years. Notably, there was a sharp rise in pending cases between 2019 and 2020, attributed to the impact of the COVID-19 pandemic.
- Reasons for Delay: Slow pace of police investigation and delays in depositing samples with Forensic Science Laboratories were identified as primary reasons for case delays.
- Transfers of Cases: 22.76% of cases were disposed of through transfers from one court to another. One-fifth of the cases in the dataset ended in transfers, indicating administrative mismanagement or wrongful appreciation of facts by the police.
- Increasing Transfer Trend: The percentage of transfers out of total disposals was around 8% in 2013 but rose to a little over 19% in 2019 and a concerning 42% in 2020. This trend is seen as problematic due to the time wasted as cases are transferred between courts.
5. POCSO Trials and Case Statistics in India
- Delhi's POCSO Trials and Case Length: Delhi has the highest number of POCSO trials in the country, with 13.54 cases per 100,000 population in 2018. However, Delhi also had the highest average case length in 2020, at 1,284.33 days.
- Average Time for Convictions: Chandigarh and West Bengal are the only states where the average time taken for convictions is within one year. States like Chhattisgarh, Haryana, Kerala, Sikkim, Chandigarh, and the NCT of Delhi have a higher reporting of POCSO cases.
- Districts with the Highest Number of POCSO Trials: The five districts with the highest number of POCSO trials (pending and disposed of) are Namchi (Sikkim), New Delhi, Central Delhi, Medak (Telangana), and West Garo Hills (Meghalaya).
- Pendency and Disposal Rates: Uttar Pradesh has the highest pendency, with 77.77% of the total POCSO cases filed between November 2012 and February 2021 pending. Tamil Nadu has the highest disposal percentage at 80.2%.
- Districts with Highest Pendency Percentages: The five districts with the highest pendency percentages include Lucknow, Hardoi, Budaun, and Allahabad in Uttar Pradesh and Howrah in West Bengal.
6. Gaps in Implementation
- Absence of Support Persons: According to the study, "support persons" are not appointed in most POCSO cases. The Supreme Court highlighted that in 96% of cases, victims were not provided with a support person.
- Role of support Persons: A support person can be an individual or organization working in child rights or protection, an official from a children's home or shelter home. or a staff member of the District Child Protection Unit (DCPU). Their role is to guide and support the victim throughout the legal process.
- Insufficient Designated POCSO Courts: The analysis reveals that not all districts have designated POCSO courts. As of 2022, 408 POCSO courts have been established in 28 states under the Government's Fast Track Special Court Scheme.
- Lack of Special Public Prosecutors: There is a shortage of special public prosecutors specifically appointed to handle POCSO cases. Even when appointed, they are often engaged in non-POCSO cases, leading to a lack of dedicated focus on POCSO matters.
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For Prelims: Protection of Children from Sexual Offences (POCSO), Convention on the Rights of the Child, and the Protocol on the Sale of Children, Children's Code Bill, 2000, Child Abuse Report (2007).
For Mains: 1. Critically analyze the findings of the analysis on convictions, acquittals, victim-accused relationships, and offense patterns in POCSO cases in India. (250 words).
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Previous year Question
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1. In India, the Protection of Children from Sexual Offences (POCSO) Act, ____ is a comprehensive law to provide for the protection of children from the offenses of sexual assault, sexual harassment, and pornography, while safeguarding the interests of the child. (SSC CGL 2021)
A.2012
B. 2006
C. 2010
D. 2008
Answer: A
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Source: The Indian Express
