Critically analyse the working of the POCSO Act, 2012 in addressing the menace of child sex abuse in society in the 10 years since its enactment. How far has the National Commission for Protection of Child Rights been successful in fulfilling its mandate?

❶ Issues with NGOs

(TIE select 2020 says NGOs have bias), which led to derailment of development processes

❷ Conflicting cases of partnership seen (by Discrepancy of fund utilization of various child care institutions)

❸ Poor internal capacity

❹ Narrow, parochial interests by FiCIT only concerned with business impact of derision, farmer protest say

❺ Politicised and hidden agenda of state (by Youth bodies in India)

Partnership based governance allows convergence of best of both worlds. However CSOs should build transparency and accountability and lead by example trust based governance.

Recently CJI asked the government to review are of consent provision under the POCSO Act, 2012.

❶ Fer crimes against children Committed by older men

❷ Age of consent is 18

❸ Gender neutral law and coverage to boys

❹ Separate and discreet courts and no time to initiate complaint

Rationale and Benefits

❶ Stringent punishments coupled with awareness has increased reporting of cases especially within family

❷ Deterrence against child marriage and galleys rule

Wide coverage till

❷ Spotlight to harassment and pseudepilepsia against boys

❹ Better institutional structures by Child care institutes psychological load

[Challenges]

❶ UNESCO study says more than 25% cases are consensual in nature

❷ Act 14 study say that 97% cases end in acquittal against wellbeing couples

❸ Harassment by parents against wellbeing couples

❺ Not in sync with changing societal norms and adolescent sexual relations

NCPCR in fulfilling its mandate

NCPCR is a Constitutional Body. It came in forefront during pandemic with iterations of Bal Sugraj Postal for pandemic led orphans.

[Successes in fulfilling Mandate]

❶ Spotlight to child issues and child welfare

❷ Monitoring of institutions, schemes for child welfare

[by Recent Tamil Nadu childcare institute controversy]

❸ Formulation of child beneficial policies and reviewing legislatures from this perspective (by PH-PSHMA failures)

❹ National spotlight to issue suo moto conflict and power of civil court

[Challenges in fulfilling Mandate]

❶ Lack of enforceability and powers are secondary in nature

❷ Lack of technical expertise/audit and staffs to comprehensively review

❸ Dependent on Ministries [by UCD] who have conflict of interest (marges & institutes)

❹ No punitive power over child NGOs

❶ Spotlight to child issues and child welfare

❷ Monitoring of institutions, schemes for child welfare (by Recent Tamil Nadu childcare institute controversy)

❸ Formulation of child beneficial policies and reviewing legislatures from this perspective (by PH-PSHMAN failures)

❹ National spotlight to issue suo moto conflict and power of civil court

[Challenges in fulfilling Mandate]

❶ Lack of enforceability and powers are secondary in nature

❷ Lack of technical expertise/audit and staffs to comprehensively review

❸ Dependent on Ministries (by UCD) who have conflict of interest (marges & institutes)

❹ No punitive power over child NGOs