FIGHT AGAINST CHILD SEXUAL ABUSE THROUGH POCSO ACT, 2012: AN ANALYSIS

Abstract

“There is no trust more sacred than the one the world holds with children. There is no duty more important than ensuring that their rights are respected that their welfare is protected, that their lives are free from fear and want and that they grow up in peace” 1 Child abuse is doing something or failing to do something that results in harm to a child or puts a child at risk of harm. Child abuse can be physical, sexual or emotional. According to WHO: “Child abuse or maltreatment constitutes all forms of physical and/ or emotional ill-treatment, sexual abuse, neglect or negligent treatment or commercial or other exploitation, resulting in actual or potential harm to the child’s health, survival, development or dignity in the context of a relationship of responsibility, trust or power.’’ In This Article we will primarily focus on child Sexual Abuse and its Social legal Implication. The WHO defines Child Sexual Abuse (CSA) as the involvement of a child in sexual activity that he or she does not fully comprehend, is unable to give informed consent to, or for which the child is not developmentally prepared and cannot give consent, or that violates the laws or social taboos of society. 2 CSA includes an array of sexual activities like fondling, inviting a child to touch or be touched sexually, intercourse, exhibitionism, involving a child in prostitution or pornography, or online child luring by cyber-predators. The trauma associated with sexual abuse can contribute to arrested development, as well as a host of psychological and emotional disorders, that some children and adolescents may never overcome. The POSCO Act was initially enacted to address criminalizing a range of acts including child rape, sexual assault, sexual harassment, and pornography involving a child less than 18 years of age. The law mandates setting up of Special Courts to facilitate speedy trials in Child Sexual Abuse cases. Undoubtedly, the passing of POCSO has been a major step forward in securing children’s rights. The letter and spirit of the law, which defines a child as anyone under 18 years of age, is to protect children from sexual abuse.