POCSO ACT 2012 (Syllabus: GS Paper 2 – Social Issues)

Context: The Supreme Court junked “unwarranted” suggestions made by a Calcutta High Court Bench in a judgment in 2023, including that the Protection of Children from Sexual Offences (POCSO) Act of 2012 must be amended to decriminalise consensual sexual acts involving adolescents above 16 years of age.

Protection of Children from Sexual Offences (POCSO) Act of 2012

• About: This Act comprehensively outlines different categories of sexual offenses directed at children and imposes severe penalties on those found guilty of such crimes.
• Salient features:
• Gender neutral: The Act is gender neutral and regards the best interests and welfare of the child as a matter of paramount importance at every stage so as to ensure the healthy physical, emotional, intellectual and social development of the child.
• Forms of abuse: It defines different forms of sexual abuse, including penetrative and non-penetrative assault, as well as sexual harassment and pornography, and deems a sexual assault to be “aggravated” under certain circumstances.
• Stringent Punishment: The Act prescribes stringent punishment graded as per the gravity of the offence, with a maximum term of rigorous imprisonment for life, and fine.
• Special Courts: The Act mandates the creation of Special Courts to expedite the trial process for cases related to child sexual abuse.
• Mandatory Reporting: Any individual, including parents, teachers, or doctors, must report known cases of child sexual abuse; failure to report is a punishable offense.

Government Initiatives:

• NCPCR's Role: The National Commission for Protection of Child Rights (NCPCR) monitors the enforcement of the POCSO Act and other child protection laws and conducts awareness programs.
• Guidelines for Handling Cases: NCPCR provides guidelines and conducts training for handling child sexual abuse cases to ensure proper legal and psychological support.
• Integrated Child Protection Scheme (ICPS): The ICPS aims to create a secure environment for children by establishing Child Welfare Committees (CWCs) and Juvenile Justice Boards (JJBs) to address child protection issues.