Discuss the significance of the POCSO Act in ensuring the safety and protection of children against sexual offences. What changes would you suggest to the present Act to enhance its effective implementation?
Introduction
Protection of children from sexual offences Act POCSO is a legal provision
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Main Body
Protection of children from sexual offences Act POCSO is a legal provision that seeks to implement the directive principle of child's safety as designated by the Constitution. Significance POCSO: Defines sexual offences for children - defined as all people under the age 18. Provides gender-neutral norms- neutral harassment cases as opposed to IPC's jurisdictional which was only girl child. Provides for judicial & police mechanism in adjudication of such cases, linked with Juvenile Justice Act.
Investigates cases of sexual harassment and provides judgment on action along with procedural mechanisms for safe handling of the victim. Considers accused 'guilty' with proven innocent, putting burdens of evidence on the accused. Changes Required to Enhance Effectiveness: Need to expand scope of law to consider new age threats e.g. child pornography and its effective reduction. Need for understanding 'consensual sex' at underage level. Recent SC directive questioned the new age changes of children under the age of 18 pertaining in consensual sex. What age at practical? Is it truly consensual if they don't know the full psychology?
Better use of technology and targeting cyber security harassment cases. Enhanced surveillance & awareness developed. POCSO needs to consider critical discretionary regarding childhood sexual abuse. Changes Required to Enhance Effectiveness.
Conclusion
POCSO needs to consider critical discretionary regarding childhood sexual abuse.
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Srishti Mishra
Welfare Schemes for Vulnerable Sections - Performance, Mechanisms, Laws and Institutions
Laws and Institutions
POCSO Act
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