"CHILD RIGHT IN INDIA WITH REFERENCE OF POSCO

ACT, 2012: A CRITICAL ANALYSIS”

NAME: - ROHIT RAJ

ROLL NO: - 20201BAL0097
SECTION: - 02
 PREFACE

INTRODUCTION

Children possess constitutional recognition for their status as vulnerable

individuals and they hold the right to protection under the Indian
Constitution. Special protective measures and specific laws receive
advocacy under Article 15 which adopts the principle of protective
discrimination for children. The Indian Constitution implements Articles
14, 15(3), 19(1)(a), 21, 21A, 23, 24 together with Articles 39(e) and 39(f)
to protect the rights of Indian citizens especially young people including
their liberty and equal treatment. Through these provisions the state has
a legally binding duty to assure the safety and security along with overall
well-being of all children.

The existence of well-drafted policies combined with key legislative acts

starting from the Juvenile Justice (Care and Protection of Children) Act,
2000 followed by the Protection of Children from Sexual Offences Act,
2012 has not stopped child abuse from happening across educational
facilities and children's institutions and protective establishments as well
as family homes. The current law does not match actual enforcement
efforts.

Child sexual abuse presents an ongoing major problem that leads to

severe persistent effects. The categories for child abuse include neglect
as well as emotional harm and physical violence alongside the most
severe category of sexual exploitation. Child sexual abuse happens when
a responsible person in authority exposes a young person to
inappropriate physical and psychological mistreatment. Child sexual
abuse remains among the gravest violations that occur against humanity
since children occupy the position of its most cherished members. The
abuse of a child by someone in a position to control others represents an
immense breakdown of society and its systems. American politician
Tiahrt points out how children's condition reflects the general state of
their community. The physical and mental health of a child suffer when
exposed to sexual abuse resulting in delayed development and
permanent effects on their psychological well-being. Use Params in
sexual abuse violates the trust put in them by children while abusing
their innocence. The abuse of body and intimate regions during sexual
assault causes psychological damages that can possibly require a full
lifetime to heal.

According to the United Nations child sexual abuse occurs whenever an

older person engages a child through coercion for their personal sexual
fulfilment. These sexual actions occur by methods that include
manipulation as well as force and threats and deceit and deceptive
tactics. The 19% of global children who live in India demonstrate
concerning global population statistics. Result analysis from a national
survey discovered that sexual abuse affected over 53% of Indian children
while their abusers usually belonged to their trusted circles.

Although widespread child sexual abuse exists in India it continues to

stay undetected because most people view such cases as foreign or
Western concepts while maintaining a stigma around them. Western
influences fail to penetrate Indian society because of cultural traditions
alongside modest family communication about sexuality which creates
open ignorance about sexual abuse. The awareness of suffering inflicted
by child sexual abusers along with their knowledge of their betrayal
actions makes this crime one of the most horrible offenses. Child sexual
abuse inflicts permanent physical injuries together with psychological
trauma which extends through an entire lifespan. Many survivors develop
psychological problems and delayed development alongside mental
health disorders which create a devastating condition that does not
resolve entirely. Children remain particularly exposed and alone due to
the hidden nature of abuse together with insufficient family system and
institutional protection measures.
The World Health Organization defines child sexual abuse as any sexual
contact with a child who cannot comprehend the significance of their
actions nor provide consent and that adults consider improper based on
cultural or legal norms. The abuse of authority between adults and older
children or between adults themselves to carry out sexual acts evidences
the urgent requirement for improved public awareness and enhanced
legal protections and survivor support services.

Child sexual abuse manifests as a persistent societal challenge because

children tend to be shy about similar issues and the public stigmatizes
victims and most police agencies lack proper sensitivity and deep
awareness about the issue. Lawful provisions alone do not protect
children because law enforcement needs proper accountability alongside
sensitivity and strict enforcement of existing provisions. The research
investigates present Indian laws that protect children from sexual assault
by evaluating their inadequacies and studying how the POCSO Act 2012
operates.
STATEMENT OF THE PROBLEM
Modern society faces a serious challenge with child sexual crimes that
heavily damages the psychological and social progress of victimized
children. The Protection of Children from Sexual Offences (POCSO) Act,
2012 had a specific purpose to fight such offenses but it contains various
procedural and legislative shortcomings. Indian courts on all levels bear
the duty to effectively interpret and implement the POCSO Act, as a part
of their judicial duties. Various judicial interpretations of different
provisions in the POCSO Act have resulted in inconsistent practices
during its application.
A precise interpretation of the Act needs consistency to fulfil its original
legislative objectives. During the previous decade numerous judicial
decisions arose from this Act requiring analysis about the Act's success
in protecting children's rights.

AIMS AND OBJECT OF THE STUDY

This research project looks into different elements of child sexual abuse
treatment under the law specifically examining the POCSO Act. The core
objectives include:

1. A research has been established to analyse child abuse problems

alongside its associated risks.

2. This study examines both Indian and global legal approaches toward
child sexual abuse for the protection of children against sexual violence.

3. This research investigates how the POCSO Act of 2012 protects

children from sexual attacks.

4. The researcher explores the different remedies and performance

metrics of program safeguards in child abuse prevention through court
systems to protect children from sexual assaults.

5. The evaluation assesses judicial operations under the POCSO ACT of

2012 for State agency acts regarding child abuse.

6. The author proposes judicial improvements alongside policy

enhancements to support better execution.

SIGNIFICANCE OF THE RESEARCH

The Indian judiciary established exclusive POCSO courts under the
Protection of Children from Sexual Offences Act of 2012 to provide
expedited justice for child sexual assault cases. Even though the law
exists there continue to be obstacles because it contains gaps which
allow for different types of abuse that were beyond legal consideration.
The main research objective assesses how effectively the judiciary
executes the goals defined by the Act. The research fuelling this
investigation serves to demonstrate judicial reaction toward child abuse
which stands as a severe violation of human rights. An extensive legal
evaluation determines the ability of courts to protect children through
effective implementation of the POCSO Act against sexual offenses.
RESEARCH QUESTIONS

The POCSO Act of 2012 protects which rights of child victims who
experience sexual abuse in India at what level of effectiveness?

1.The POCSO Act proves sufficient in handling child sexual abuse

patterns combined with Indian causes while still protecting child victims'
dignity.

2.The courts and law enforcement along with other stakeholders need to
address what obstacles stand in the way of implementing provisions from
the POCSO Act.

3 The POCSO Act upholds which international agreements protect

children from sexual abuse while also supporting the nine rights of
children.

4.The third question evaluates the current state of implementation for

the POCSO Act alongside school and community measures to protect
child safety and parental responsibilities to safeguard their children from
sexual assaults.

5. What interpretation and practical implementation methods does the

Indian judiciary employ when dealing with the POCSO Act provisions in
vital decisions?

REVIEW OF LITERATURE

This study employs both doctrinal and non-doctrinal methods. The

doctrinal section consists of studying statutes together with judicial
decisions and pertinent judicial statements. To gain non-doctrinal
perspectives researchers will depend on books and journals as well as
reports combined with Internet resources. The research project
scrutinizes the operational area between child rights protections and
current legal regulations. A part of the research extends toward an
analytical assessment of Indian institutions and their enforcement
capabilities related to child abuse prevention. The final document uses
Bluebook citation style in its most current format for resource
documentation.
1. The book Born Unfree: Child Labour, Education and the State in India (2009) was
written by Neera Burra.
The research examines Indian child labour through an analysis of how
poverty and illiteracy and government inaction contribute to the problem.
Through her analysis Burra investigates government policies to reveal
that systematic neglect and poor enforcement result is reduced access
for children to education and fundamental rights.
2. Ved Kumari, The Offence of Rape: Constitutional and Legal Perspectives (1996)
The author Ved Kumari uses her book to trace through rape legislation in
India while delivering a gender-based assessment of constitutional
safeguards and judicial methods. Her research establishes the necessary
foundation to comprehend how victims (which includes children)
encounter legal barriers when trying to pursue justice despite the
existing court system.
3. S. N. Tripathi, Child Labour in India (2000)
Tripathi delves into the socio-economic causes of child labour and its
regional variations across India. His research finds that proper
supervision of labour and educational regulations should be accompanied
by harmonized government policies for combating child exploitation and
promoting complete child development.
HYPOTHESIS
Children under the Constitution receive protection of life and growth
development rights yet our society faces sexual abuse incidents because
the POCSO Act lacks effective execution.
The research bases its foundation on the belief that protecting children
from sexual offenses enables both constitutional rights fulfilment and
development in safe surroundings.
This research postulates that the Act succeeds in protecting children yet
multiple obstacles remain for its execution and public awareness and
service reach to victims. The aiguilettes conditions establish the
foundation for this hypothesis:
1. The POCSO Act protects children of all genders through its non-
biased language and expedited procedures that serve as warning signs to
potential offenders.
2. Security laws in place are not enough to guarantee justice because
obstacles such as public shaming and judicial delays persist.
3. A widespread success with the implementation of the Act requires
active participation from law enforcement officers and non-government
organizations as well as the judicial system and public stakeholders.
4. The system requires additional reforms together with sensitivity
training programs combined with increased funding for its optimal
operation.
METHODOLOGY
The research uses doctrinal methods with analytical and qualitative
methods for its approach. It includes:
1. RESEARCH DESIGN:
A qualitative, comparative analysis of Indian and international child
protection frameworks.
2. DATA COLLECTION:
 The primary data comes from legal texts and court decisions whereas
secondary documents consist of academic works and NCRB statistics
with UNICEF reports and governmental surveys.
3. LEGAL ANALYSIS:
This research emphasizes the interpretation of vital sections present in
the POCSO Act, IPC and Juvenile Justice Act.
4. POLICY REVIEW AND CHALLENGES:
Additionally, the research reviews failed police actions and court delays
which leads to suggested legislative changes.

SIGNIFICANCE OF THE STUDY

Such research maintains essential significance because sexual offenses
targeted at children continue to rise throughout the contemporary socio-
legal environment of India. The research provides an evaluation of the
Protection of Children from Sexual Offences (POCSO) Act 2012 that was
implemented as child protection legislation. The research evaluates the
effectiveness of the law to determine what extent legal protections and
justice extend to child victims. The analysis serves crucial purposes
because it enables researchers to suggest reform recommendations
which close gaps within legal procedures and public policy and law
enforcement approaches to better protect children. This research adds
value to the ongoing academic discussion about child-friendly legislation
in India.
RESEARCH GAP
The existing research on child rights and sexual offences fails to analyze
the implementation process of the POCSO Act in a critical manner.
Studies about the POCSO Act rarely examine its current effects on
procedures and accessibility of justice for children who belong to
marginalized groups. Studies have paid scarce attention to digital child
abuse and psychological assistance needed by victims. The research
addresses existing academic gaps in the operational efficiency of the
POCSO Act through an evaluation of related legislation and institutional
performance alongside judicial handling of cases.
LEGGISLATIVE AND EXECUTIVE GAPS
There exist multiple execution issues in the implementation of the
POCSO Act which prevents it from achieving its intended progress.
Legislatively, ambiguity in definitions and a lack of emphasis on cyber
exploitation limit its scope. At an executive level authorities encounter
three main problems including sluggish investigation processes and
inadequate trained child protection authorities alongside court facilities
that need improvement. Underreporting and inadequate victim support
exist because the public together with law enforcement bodies in rural
areas show limited awareness about these issues. Policy intervention is
required immediately because these weaknesses impede adequate
protection and rehabilitation of children who are affected.
OUTCOME OF THE STUDY
The planned research analysis aims to deliver both advantages and
weaknesses evaluation of the POCSO Act's implementation to find
effective solutions for improvement. The study presents an authentic
assessment regarding the effect children experience from present
policing methods alongside institutional practices. The research intends
to propose policy changes and legal reform measures which will support
the development of child-centric criminal justice procedures. The
research presents recommendations that blend policy and human rights
principles for the improvement of child protection in India while serving
the academic field and policymaking divisions and activist movements.
TENTATIVE CHAPTERIZATION OF THE PROPOSED DISSERTATION

Chapter 01: Overview and Concept of Child and Child abuse

Chapter 02: Child Sexual Abuse: Impact and Consequences

Chapter 03: Role of the State and policy Frameworks

Chapter 04: Indian Judiciary and Judiciary Activism

Chapter 05: International protection against sexual abuse

Chapter 06: data analysis and observation

Chapter 07: conclusion suggestions and Recommendations

 CHAPTER-01 OVERVIEW AND CONCEPT OF CHILD AND CHILD
ABUSE

1.1 DEFINITION, MEANING AND NATURE

Definition of a Child
Different international organizations have committed to developing a
whole understanding of Child Sexual Abuse. UNICEF proposes a widely
regarded definition describing Child Sexual Abuse as any contact
between children and knowledgeable individuals who seek satisfaction of
their sexual desires. Child sexual abuse takes place when perpetrators
coerce children or deceive them or use bribery to carry out these actions
as well as making threats.
Customs of sexual assault consist of three main categories: encouraging
children into sexual displays for production of visual material and active
sexual or molesting acts between guardians and their care or in families
and adult sexual exploitation of children through prostitution and incest.
Child sexual exploitation involves the possession and distribution of
pornographic child material well as sexual acts conducted online with
minors and physical attacks against children. Such painful emotional
wounds from these actions result in trauma according to this definition.
Contrasting with child abuse, sexual assault describes all nonconsensual
sexual encounters wherein rape and other serious offenses belong.
Meaning of Child Abuse:
Children who are essential national human capital demonstrate optimal
development when they receive appropriate affection and proper care
and love. The reality proves to be harsh because numerous children face
different abusive forms that include physical mistreatment as well as
emotional abuse and psychological mistreatment alongside sexual
exploitation. This segment evaluates child sexual abuse (CSA) and child
pornography through a study of their legal aspects alongside how Indian
laws manage this severe concern. The worldwide acknowledgment of
child sexual abuse and sexual harassment issues still meets resistance
due to social reluctance and cultural constraints that block conversations
about them. The silence about this issue in society grows worse because
of Indian laws that were not thorough enough combined with weak
punitive sanctions across the country.
Nature of Child Abuse:
Child abuse represents an exploitative teaching because it attacks the
basic rights of children to experience safety and protectorate and
nurturing care. Child abuse appears in different forms so its expressions
depend greatly on social conditions together with cultural customs and
family background. Gaslighting alongside physical attacks and
psychological coercion makes up any harmful action toward a child that
threatens their physical condition or mental stability or growth progress.
Children suffer from abuse when their fundamental rights encounter
violation through both Indian Constitutional and United Nations
Convention on the Rights of the Child frameworks. Child abuse
represents both an illegal action that produces lasting psychological and
emotional wounds which impair children from thriving in society.
Child abuse occurs through systematic action that abusive individuals
with power over children inflict against them including guardians and
teachers or employers as well as parents. Hidden forms of abuse like
emotional neglect alongside psychological manipulation have comparable
detrimental impacts on child development while decreasing the child's
potential success. The obscured characteristics of certain abuse types
create detectability challenges for both society and institutions therefore
demanding them to implement preventative strategies for abuse
recognition.

1.2. POSITION OF CHILDREN IN SOCIETY

Children's position a society gets defined by social along with economic
and cultural and political forces which establish their fundamental rights
and protect them and open pathways for growth. Children hold a
universal place in society but their vulnerability exposes them to different
forms of mistreatment which diminishes their ability to enjoy life fully.
Agencies that deal with children typically view them as dependent beings
who need protection alongside special educational needs and care.
Social and Cultural Context:
The labour contribution of children is commonly viewed as an economic
resource by several social groups that commonly engages them in home
responsibilities and work activities as soon as they become of age. Some
cultural norms necessitate children to keep family honour alive thus
placing upon them numerous strict social obligations that reduce their
freedom for development. Children face rights violations through
practices which include forced early marriages as well as child labour
together with other exploitative situations. Modern affluent societies
have developed an appreciation for children's independent nature
together with their right to grow individually which motivates improved
protective approaches.
Economic Influence:
Children stand as the group facing the greatest risks in society from an
economic perspective. Children are mostly subjected to exploitation and
abuse because of the permanent state of poverty they find themselves in.
Children from poor families become economic assets because they
provide work to either informal sectors or street work situations which
result in their exploitation. The fundamental requirements of education
together with healthcare services and secure environments are dismissed
by society in territories where children live.
Educational Opportunities:
Diversity exists in how education shapes the learning environment of
children throughout one country and its different regions. Many
developing countries prevent children from getting an education
particularly affecting girls because of poverty together with gender
restrictions and inadequate facilities. Many children in rural locations
together with conflict areas miss out on education because they have no
access to schools or receive insufficient quality education despite its
power to end poverty. The basic right mindset towards education exists in
developed societies yet children encounter various obstacles from
bullying and mental health struggles and peer pressure that limit their
achievement.
Role of Children in the Family:
The main social function on children in various cultures consists of their
education and assistance to maintain family success. When children meet
the family duties, they frequently neglect their individual learning
progression.1 Some children experience delayed development because
parents give them premature responsibility such as taking care of
younger children or doing household tasks. Under patriarchal family
systems girls experience additional duties of family service that hinder
their access to schooling and prevents them from building professional
independence.

1.3. REASON OF CHILD ABUSE

A variety of individual-related elements plus household circumstances
together with social and cultural patterns create the causes which lead to
child abuse. The recognition of child abuse causes enables the creation of
solutions which effectively prevent family violence incidents. Multiple
integrated factors working together generate an environment where
child mistreatment can emerge. These elements represent the main
factors which cause child abuse to occur:
1.3.1 Parental and Caregiver Factors

1
Government of India, National Policy for Children, Ministry of Women and Child Development, 2013.
Among all factors that trigger child abuse incidents parental conduct
together with their life conditions function as the primary significant
causes. People who encountered abuse or neglect in their childhood tend
to continue their abusive ways because they acquired abusive
behavioural patterns. Such parents often do not have suitable parenting
abilities leading to poor supervision together with harsh punishment
approaches and misconduct. The presence of mental health conditions
together with substance abuse issues or pressure in caregivers increases
the likelihood of their abusive behaviour.
1.3.2 Psychological Factors
The occurrence of child abuse heavily depends on psychological
elements. Adults living with mental health disorders including depression
and anxiety or personality disorders often experience difficulties
controlling their emotional and behavioural responses because of which
they exhibit angry or aggressive behaviours. Because they lack
understanding and sympathy for child needs abusive measures occur.
When parents lack proper mental health treatment, they might resort to
using extreme force or emotional abandonment toward their child's
crying or disobeying behaviours.
1.3.3 Societal and Cultural Norms
A combination of existing cultural values and socio-cultural beliefs
maintains child abuse as a widespread issue. Accepting particular
disciplinary methods and child-rearing methods exists as an established
practice throughout different communities. Communities also view these
practices as essential for managing children 2. The practice of physical
discipline as a method to enforce child obedience might transform into
abusive conduct according to societal norms in various cultures. Family
customs that place value on authority respect and family reputation may
approve abusive practices when such actions serve as disciplinary
measures for social control.
Social practices that discriminate against women make a vital
contribution to child abuse occurring in our world. The suppression of
women along with gender-based physical violence across various regions
worldwide causes these regions' female population to become
disproportionately exposed to exploitation and abuse. Girls face
increased risks of physical and sexual abuse at locations where rights
discrimination exists or patriarchal structures rule.

1.3.4 Economic Stress and Poverty

2
International Labour Organization (ILO), Child Labour: Global Estimates 2020, Trends and the Road Forward, Geneva, 2021.
Poverty serves as a leading factor which motivates child abuse incidents.
When economic hardship affects families, they cannot supply their
children with food clothing shelter and quality education and health care
becomes out of reach. When finances remain unstable people tend to feel
stressed out which makes violent behaviour and negligent behaviour and
discord more likely. Children residing in these situations face greater
risks of abusive situations that require them to work since economic
needs push them toward employment.
1.3.5 Lack of Awareness and Education
The absence of understanding about children's privileges and suitable
childcare skills and harmful consequences of abusive practices leads to
accidental abuse. When human rights of children receive insufficient
attention in civil society it becomes common to accept abusive behaviour
and ineffective parent education. Lack of parenting skills due to
insufficient knowledge means some caregivers find it necessary to use
corporal punishment despite its harmful nature.
1.3.6 Environmental Factors
Children who grow up in homes marked by abuse and neglect and
unstable or violent situations face an increased danger of becoming
victims of abuse. When domestic violence or substance abuse exists in
homes it haemorrhages into child neglecters and physical abusers of
children. Children taken care of in institutions or foster care settings face
increased danger of neglect and abuse because agencies lack proper
supervision systems and insufficient training for their caregivers.

1.4. TYPES OF EXPLOITATION

Different forms of child exploitation produce substantial damage to their
physical and emotional development together with their psychological
health. The vulnerability of children allows individuals to benefit at their
expense through oppressive conduct or to coerce them into terrible
3
practices. Children often face multiple exploitation forms because these
forms frequently connect with each other. Child exploitation exists as
four main categories which include the following forms:

3
Committee on the Rights of the Child (UNCRC), General Comment No. 13 (2011): The Right of the Child to Freedom from All
Forms of Violence.
1.4.1 Child Labour
Working children endure labour activities which eliminate their
development phases thus blocking their education and drive them into
destitution. Children performing labour find themselves in dangerous
environments which leads to abusive situations mainly within mining and
agriculture sectors and textile industries and household work settings.
Children who work in these environments must perform extended hours
under perilous environments which threatens their bodily safety. Child
labour deprives children of their right to education which prevents their
personal development and causes their families to remain trapped in
poverty. The participation of children in labour-linked activities increases
their risk of sexual abuse and manipulation and emotional mistreatment.
1.4.2 Sexual Exploitation
Children suffer sexual mistreatment as the gravest form of exploitation
when others benefit from forced sexual activities with child victims. Child
prostitution together with child pornography and online exploitation are
among numerous sexual abuse practices included in this definition.
Several situations may cause children to become victims of sexual
violence or sexual abuse from adults or adult traffickers. Sexual
exploitation among children induces enduring adverse mental health
effects together with self-esteem decline and impaired trust building
capacity. This practice breaks fundamental rights of children by denying
their right to dignity alongside protection and control over their own
body.
1.4.3 Trafficking and Smuggling
Child trafficking constitutes an exploitative practice which involves
moving children illegally through national borders to force them into
work or sex work or recruit them for war activities. Most children who
become victims of trafficking experience forced separation from their
homes before suffering cruel treatment. Organizations subject children to
work in three specific sectors: industrial facilities, commercial sex
industry and public panhandling. Trafficking deprivates children of their
rights before subjecting them to severe physical as well as psychological
abuse.
Children who become smuggled through criminal operations face
exploitation since they are easily vulnerable to abuse by both traffickers
and criminal groups.
1.4.4 Child Marriage
Through arranged unions or forced marriages adults can verify children
who are younger than eighteen in marriage scenarios which are
commonly known as child marriage. Child marriages are primarily
sustained by cultural habits together with economic scarcity throughout
Asian and African territories. The marriage of children primarily targets
girls because families use this practice to obtain dowries or reduce their
financial strain. The child’s physical and psychological well-being faces
significant harm during child marriage since this practice restricts their
personal development and educational opportunities and their right to
freedom. Early pregnancy as well as domestic violence and sexual abuse
subject these children to long-lasting detrimental outcomes.
1.4.5 Early or Forced Pregnancy
Existing societies where child marriage occurs face frequent cases of
early pregnancies. The medical complications resulting from young girls'
pregnancy pose risks to baby and child even though the women involved
are physiologically immature at this stage. Health risks emerge from
early pregnancy which results in maternal mortality together with
childbirth injuries and enduring medical complications. Child marriage
creates barriers that stop young persons from finishing their studies and
personal growth which decreases their future options.
1.4.6 Use in Armed Conflicts
Child protection organizations frequently observe the recruitment of
children into armed conflicts for various duties including soldiering
functions as well as spying duties and delivering messages and combat
duties. Under military service children must endure severe psychological
injuries while constantly enduring physical abuse through systematic
violations of their fundamental human rights. The forces of conflict break
children from their family by violence or trafficking to perform hand-to-
hand combat in which they suffer abuse while starving and being
attacked. Children who participate in armed conflicts permanently lose
their chance to develop into fully matured adults while also being denied
educational opportunities along with their basic safety rights which
results in lasting emotional damage. The children become tools of
violence through specialized training that deprives them of
comprehension about the complete results of their ordered actions.

1.5 CHILD VULNERABILITY AND STATUS

Any child becomes vulnerable in the process of growing up due to the
need for care, inability to seek protection, and lack of knowledge and
awareness of danger should it befall them. Vulnerability multiplies by
circumstances such as socio-economic conditions, cultural norms, and
systemic issues. The status of children in society will directly affect their
health and well-being; therefore, the understanding of the challenges
faced by children is important a view to fully meeting their needs for
development.
1.5.1 Vulnerability Based on Age and Development
Children are growing physically, cognitively, emotionally, and socially,
making them chances that could cause harm. When a child does not
understand complex situations or crises that others have gone through
because of dependency on adults for food, shelter, or protection, he or
she becomes unprotected-from being abused or exploited. An infant or
toddler fully depends on adults for care and is thus most vulnerable.
Growing older would mean that children would have more independence
and thus other risks would come into play, including risk of peer
pressure, sexual exploitation, and social exclusion.
1.5.2 Socio-Economic Factors
A child's socio-economic background has a bearing on their being
vulnerable. Children in situations of poverty or in marginalized
communities have the increased chances of suffering neglect,
malnutrition, and physical abuse. Economic hardship has bred situations
wherein children are sent to work at an early age, at worst, are sold or
trafficked for family sustenance. Children might undergo neglect from
their respective families in terms of education, healthcare, and social
services due to poverty, which leaves them open to further exploitation.
Poverty increases the likelihood of the child being in canters of emotional
neglect and houses of domestic violence, both having lifelong effects on
their mental and physical health.
1.5.3 Cultural and Social Norms
Otherwise, available practices and social mores worsen vulnerabilities. In
many societies, children suffer from gender-based exploitation, wherein
early marriage, domestic labour, and sexual exploitation are the perils
confronting girls. Child labour would sometimes be sanctioned by such
cultural conviction, treating children more as an economic asset than as
rights-bearers. Conversely, caste or ethnicity might come into play in the
allocation of resources, opportunities, and protection from abuse toward
a child in some parts of the world. Such social constructs, therefore,
exacerbate the possibilities of children being discriminated against,
neglected, or abused.
1.5.4 Family dynamics and neglect
The family has a crucial role in the development of a child, though
dysfunctional family dynamics severely increase children's vulnerability.
Abused means being at risk for being affected in a variety of ways,
including physically, sexually, and emotionally. Presence of domestic
violence, substance abuse, or mental illness by parents might result in
neglectful situations wherein children are subjected to hazardous
surroundings. On the other hand, economic burden in families may draw
children away from schooling into the toil of life, thereby limiting their
prospects of a sound growing process. In such surroundings, kids
develop various emotional problems including anxiety, depression, or low
self-esteem.

1.6. CHALLENGES AND ISSUES

Various challenges confront the prevention of child abuse and
exploitation. The obstructions come because of social, legal, and cultural
factors, all acerbated by already weak systems of safeguarding children.
While child rights may be in a comparatively advanced state, children
continue to suffer from such widespread vulnerability and ill-treatment as
to enhance their chances of being abused and exploited. Dealing with the
matter would practically mean the application of a dagger approach-
Legal Improvements, social mobilization, and awareness campaigns.

1.6.1 Weaknesses in Legislation and Law Enforcement

One key challenge faced in ensuring protection of children from abuse is
enactment and enforcement of inadequate laws. Many countries must,
one way or the other, ratify international conventions as well as enact
national laws on child protection, but implementation is still the big
issue. Sometimes these legislations might be obsolete or not
comprehensive enough to deal with a new sphere of abuse activities such
as cyberbullying, online exploitation, and trafficking. In countries where
law enforcement agents are themselves corrupt or weak, it is a common
phenomenon that laws put in place to protect the children are never
enforced. This, therefore, serves as an environment conducive for an
abuser as the children remain unprotected.
1.6.2 Cultural and Societal Norms
The efforts of child protection and children's rights are still severely
hampered by culture and society in those matters relating to gender
roles and family organization.
In certain places, child marriage, clitoridectomy, and gender-based
violence have been regarded as traditional or legitimate acts.
Additionally, children are discriminated against for ethnicity, disability, or
social grounds. Such children are more separated from their
communities and are thereby further exposed to abuse on occasion.
Changing ingrained cultural norms and attitudes toward children is one
of the hardest yet most requisite factors to the eradication of child abuse.
1.6.3 Lack of Resources and Infrastructure
By and large, child protection systems through the world remain under-
funding and insufficiently endowed with infrastructure. There is a lack of
training, funding, and tools amongst physicians, social workers, child
protection officers, and the police identifying, investigating, and
responding to cases of child abuse adequately. Their child protection
programs are often subject to sharp budget cuts and therefore have little
chance of providing essential services such as counselling, medical care,
or safe shelter to victims. The lack of available support ensures that
needy children remain hidden from view while their abuse goes
unreported.
1.6.4 Limited Awareness and Education
Another great challenge lies in the limited awareness that children and
adults have with regard to children's rights, and recognizing and
reporting abuse of children. A several communities, children are never
taught about their rights or how to seek help if they encounter any form
of abuse. Besides, grown-ups, such as parents, teachers, and community
leaders, sometimes cannot recognize warning signs of abuse or choose
not to act when they suspect suspicious behaviour. Great efforts should
go into educating both children and adults on the importance a child
protection to prevent the occurrence of abuse and to ensure children's
voices are heard.
1.6.5. Child Marriage and Sexual Exploitation
Across many parts of the world, child marriage still remains a
considerable threat wherein young girls are married off before they are
capable of standing such a burden in a physical or emotional kind. Early
marriages usually signify the sexual exploitation of these girls, domestic
violence, and missed opportunities in education. Many of these young
brides are more prone to maternal death and complications in childbirth
because of their lack of physical maturity. Legal reforms and community
awareness campaigns are required to minimize incidences of child
marriage and to save young girls from this harmful act.

1.7 FUTURE RESPONSE AND OBSERVATION

One future response to child abuse has to emanate from fresh, proactive,
multidimensional approaches with legal, social, and educational means
preventing children in harm. As societies themselves evolve, the methods
of what constitutes right and left for a child need also to evolve.
Due to these emerging threats of a digital nature such as child trafficking
and increased susceptibility of children living in war zones, there needs
to be a progressive state of affairs in which policies and practices work
against such threats.
1.7.1 Legal Frameworks
Among the necessities, a consideration for future, legal enhancement for
child protection is of utmost priority. Further, while legislations such as
POCSO Act and Juvenile Justice Act done their bit the interest of child
protection, in instances of new-age exploitation, newer forms of
cyberbullying and online grooming, and computer-aided sexual abuse of
children-they have hardly been an inhibiting factor. Some legal
frameworks will require evaluation and revisions to ensure that the laws
reflect the changes of social values and technology. There also have to be
mechanisms established for the purposes of enforcement and
accountability, while Police and Judicial officers need to be trained in
methods of investigating and prosecuting child abuse in a way which
respects the dignity of victims and treats them with sensitivity and
competence.
1.7.2 Comprehensive Child Protection Systems
A proper child protection system must provide more than mere
legislations; it must ensure that the services for child aid are accessible
to the children. With time, child-welfare services, like counselling, health
care, and child-protection under safe homes, have to be developed and
strengthened by the government agencies, NGOs, and the respective
local communities. A multidisciplinary intervention involving social
workers, teachers, psychologists, and law agencies is necessary to
ensure child-abuse cases are dealt with in a comprehensive way. This
collaboration shall lead to an early identification of at-risk children and
their intervention, with aftercare for both victims and families at risk.
1.7.3 Increased Awareness and Education
Prevention measures of child abuse and interventions constitute an
enabling environment. Efforts for awareness on the rights that children
are entitled to, symptoms of abuse, the ways of seeking assistance, and
ways through which intervention could be made should be central.
Children need to be raised with a knowledge of their rights from a young
age, knowing how to deal with these situations and pockets of abuse.
Awareness programs should also be targeted towards parents, teachers,
and caregivers who, together with the general public, maintain a culture
of mutual respect and protection of children. Furthermore, schools and
communities should promote programs capable of nurturing the
development of emotional competence and resilience within children so
that children would be able to recognize and report abuses.
1.7.4 Working with Socio-Economic Factors for Child Protection
Long-term solutions for child protection must focus on the prevailing
socio-economic conditions that enhance child abuse. Child exploitation,
neglect, and abuse are majorly instigated by poverty, unemployment, and
inequalities. A poor family structure needs to have access to quality
education, adequate care, and opportunities for building income through
whatever means necessary. Any response of the past, present, and future
should be geared toward this. Other variables of social welfare programs
shall include support for mental health, training for parents, and child-
care services. By addressing the root causes of abuse, the future
response will have a potential to lessen vulnerabilities and create a safer
environment for children.
CHAPTER-02: CHILD SEXUAL ABUSE: IMPACT AND
CONSEQUENCES

2.1 INTRODUCTION TO CHILD ABUSE

Child abuse, when inflicted on a vulnerable class such as children who
must especially be protected, is an egregious infringement of their rights.
Any action occurring that harms a child physical, emotional, mental, or
moral functions of development is referred to as this. It may consist of
physical violence, emotional neglect, or sexual abuse, or it might
comprise neglect while a child is exposed the deleterious environments.
Child sexual abuse is much worse, owing to its secretive nature and the
lifelong trauma it causes.
The abuse can take place in various settings the family, the school, within
residential, institutions, the workplace, and even online. Sometimes,
people known to the child or people in positions of authority-generally
parents, teachers, relatives, or guardians-are responsible for these
crimes. Such a violation of trust makes it very difficult for the child to
comprehend what is happening, much less report it. In many cases,
factors such as fear of being stigmatized, threats issued by the
perpetrators, lack of knowledge, and other contributing factors inactive
support systems and under-reporting of such crimes have been cited.
Child abuse is complex not only because of its occurrence but also
because of how the society and institutions respond to it. Various parts of
India have cultural silences: sexuality, gender, and family honour are not
openly discussed, and interventions cannot be timely. The enactment of
legal provisions like the Protection of Children from Sexual Offences Act,
2012, although providing just an outline for the protection of children,
strikes weak in implementation, in victim support, and quick delivery of
justice.
Therefore, a proper understanding of child abuse implies far more than
just knowing its forms. It has to be looked into what kind of social,
economic, and psychological factors constitute silence and stigma, with
the need for far-reaching protection frameworks to cease these. It is only
then that we can hope to develop workable solutions toward prevention,
rehabilitation, and justice for the affected children.

2.2. CONSEQUENCES OF CHILD ABUSE

The story of effect from child abuse in particular holds an area of perhaps
the more immediate traumas of the present time. It leaves impressions
that are indelible in the realms of mind, body, feeling, and social
development, depending on its gravity. Also, the nature of the
consequences would be different in some cases: degree of abuse,
children abused ranging from age, time for exploitation to post-trauma
support. But in general terms, the consequences in most cases are
extremely harsh and long-lasting.
One of the singular terrible consequences was psychic injury.
Perpetrators' victims must have been battling symptoms of anxiety,
depression, PTSD, disturbances in sleep rhythm, eating disorders, and
inability to trust. These disorders may worsen over time, either in
adolescence or the course of the adult life of the child, thus constituting a
grave impediment to his or her studies, career, and social interfacing in
all stages of life. Often, many feel guilt, shame, and worthlessness,
especially when the pain of the child is not witnessed or acknowledged
by the adults around them.
Physically speaking, abuse can be accompanied by injuries, long-term
health afflictions, and sexual abuses could also lead to reproductive
complications and diseases from STIs. In certain situations, the injuries
may not be visible to the eye, leading to further complications of medical
diagnosis and legal pursuits. Paradoxically, compulsive acts toward self-
harm or substance abuse might be used by the victim themselves as a
way of coping with trauma, emerging as factors that worsen their health
status.
And the social consequences are overwhelmingly evil. Abused kids
become withdrawn, violent, or fearful. In most cases, children have
difficulties integrating into social groups and communicating, thus
nurturing feelings of being alienated. In societies where some form of
negative stigma clings to the victim instead of the perpetrator, children
may find themselves ostracized or put on blame for the abuse, thereby
making their trauma much worse.
From a developmental point of view, child abuse halts the growth pattern
of emotions and identity formation. The self-esteem of the child was
destroyed and close attachment formation was eroded due to abuse, lack
of security, instability, and an environment not conducive to a healthy
upbringing. Academically, they Lagos; therefore, become predisposed to
failure, delinquency, and continuing abusive patterns should appropriate
psychological intervention and nurturing support not be secured
promptly for them.

2.3. PSYCHOLOGICAL AND PHYSICAL FACTS

Child molestation produces deep scarred psychological and physical
trauma, scarring the victim for life; however, these consequences appear
acute and long-term consequences such as psychological breakdown,
bizarre communication, and abnormal personality changes in child
development.
Psychological Effects:
Such abuse can have the devastating effect of destroying the emotional
and mental well-being of a child. Children sexually abused tend to have
Post-Traumatic Stress Disorders (PTSD), anxiety, depression, feelings of
helplessness, and shame. Other observed behavioural changes include
withdrawing socially, irritability, sudden outbursts of anger, and
inappropriate sexual behaviour. Other symptoms that can show up
include nightmares, bed-wetting, fear of certain people or places, and
regressive behaviours.
During their adolescence or adulthood, this trauma might be felt as
chronic depression, suicidal thoughts, low levels of self-esteem, and an
inability to have healthy interpersonal relationships. Having been
traumatized, most survivors become cautious about trusting others,
detach themselves from most emotional feelings towards people around
them, and are burdened by unresolved feelings of anger, guilt, or both.
Untreated, in extreme cases, the person could even develop personality
types or psychotic symptoms.
Physical Consequences:
On a physical level, child sexual abuse could give rise to a wide range of
health issues. At the short-term point, bruises, bleeding, genital
infections or pain may be his cases, including extra injuries in
mechanisms if they are forced upon may be the result of force, and a
little less so when they occur through forceful restraint of a child; much
more so if that restraint involves a heavy crush of the body or the
genitals. Other cases would be cited: the acquiescence of the victim; the
unwillingness to recognize that physical injuries can even be caused; the
selling of infected syringes; infecting of the subject, life, or threats to
disclose it; the acceptance of the trauma by way of threats; the trauma;
rape with sterilization or with AIDS, etc. Long-term physical problems
may include psychosomatic complaints (frequent headaches, abdominal
pain, or unexplained illnesses overtly), originally caused by untreated
trauma. In the long term, victims engage in behaviours that can ruin
their health: substance abuse, risky sexual behaviour.
Psychosocial Developmental:
According to the need for high expression of negative affectivity, an
individual often becomes aggressive during childhood. Such children may
have low academic achievement due to their lack of concentration, fear
of going to school, or bullying. Children may lose interest in activities
they once enjoyed, or, in extreme cases, development delays might exist
in language acquisition, learning ability, or motor skills. When trauma is
unexpressed or in any way not processed properly, it can also cause long-
term academic and vocational underachievement.

2.4. KEY FACTORS FOR CHILD ABUSE

Identifying the root causes of child abuse is essential in theorizing and
designing an efficient prevention mechanism. Child sexual abuse does
not simply come into being; many processes are interrelated--namely,
individual, family, societal, and systemic-level interactions. Unless some
of these factors increase the vulnerability of children, child abuse is
frequently absent when protective mechanisms are either partially or
completely non-existent.
1. Family Environment:
The family setting is one of the significant contributors to either a child's
safety or his or her vulnerability. Children raised in dysfunctional families
with domestic violence and substance abuse, mental illness, abuse, and
neglect have an increased risk of abuse. Thus, most of the perpetrators
are usually close relatives or family friends who exploit their bond of
trust with the child and the lack of proper supervision at home. Parental
factors that increase the vulnerability of the child may include absence,
divorce, or lack of bonding.
2. Economic Instability:
Poverty is another huge factor in heightening vulnerability for children.
Families in financial distress may neglect children's emotional and
physical needs or even force their child into labour, where the child may
be subjected to abuse. Economic desperation may see the trafficking of
children for money or for exploitation, or for pushing them into unsafe
environments with little or no adult supervision.
3.Education and Awareness
Sometimes children and adults just do not know that they are being
subjected to abuse or that there exist laws that provide protection
against it. Lack of awareness has caused their gross underreporting and
alleged silence. Many times, children do not know that the acts being
committed against them are abusers, or what lies under the purview of
law. Parents also miss learning the warning signs or do not know what to
doapeutics. This ignorance is the very power of the perpetrators, and it
disarms the children from defence.
4.Social and Cultural Taboos:
In many societies, including some in India, these topics are taboo,
so that cultural norms based on familial honour and shame keep victims
and their families from speaking out. Societal disapproval and victim-
blaming create barriers that silence the subject, protecting the abuser,
denying the victim child of justice, and depriving them of any
psychosocial support.
5.Institutional Systemic:
Due to lack of monitoring, sensitivity training, and procedural
delays, schools, childcare institutions, and law enforcement agencies may
also fail by providing protection to the children. Abuses might even be
perpetrated by those who are expected to offer the children a safe
environment. Keeping in mind the negligence towards children, the
problem will be deepened by the lack of child protection policies, poor
implementation of laws and half-hearted inclination towards the services
for their emotional healing.

2.5. REPORT THE NATIONAL COMMISSION

The National Commission for Protection of Child Rights plays a vital role
in assessing, reporting, and addressing issues concerning child abuse in
India. Instated under the Commission for Protection of Child Rights Act,
and the NCPCR has always vehemently stressed the urgency of
protecting children from sexual abuse, exploitation, and neglect.
A landmark study by the Commission Study on Child Abuse: India 2007,
was jointly published with the Ministry of Women and Child
Development; this study elucidated the disturbing statistics about child
abuse being rampant statewide, irrespective of class, gender, or
education. The report indicated that more than 53% of children surveyed
had experienced one or the other form of sexual abuse, and 21% had
experienced severe sexual abuse, such as assault by close relatives and
familiar persons. Also, boys were found to be as vulnerable as girls, thus
refuting the stereotypical image that only girls are violated.
The clear issue is the lack of reporting mechanisms, which leaves the
majority of cases unreported scarcely because of fear, shame, and
societal stigma Children are the most vulnerable, especially those in
institutional care situations, in street situations, or employed. A very high
number of these children were unaware of their own rights or remedies
available to them.
Furthermore, the Commission noticed gaps in the implementation of
child protection laws; these would include anything from delays in the
investigation to insensitive handling by police, and even the outright
absence of specialized child welfare personnel. The Commission also
found that most victims have access either to very limited support
services or simply have no access to counselling, rehabilitation, or
related assistance.
Citing the report, the Commission strongly recommended:
Thus, a very effective framework is introduced by way of strict
enforcement of the legal sections in this Act.
• Making procedures child-friendly within police stations and courts.
• Training of different exponents---teachers, inspectors, government
authorities, police officers, social workers, etc.---continues to enhance
their capacity to recognize signs and symptoms of abuse.
• Carrying out awareness campaigns so that children and parents are
equally informed about various kinds of abuse and ways to seek help.
• Ensuring institutional accountability in child care homes and schools.
A comprehensive report acted as a basis for reforms related to legislation
and administration, including framing of the Protection of Children from
Sexual Offences Act, 2012, and also in the formulation of Standard
Operating Procedures (SOPs) for cases where child victims are involved.
2.6. GUIDELINE FOR PROTECTION
The actual protection of children against sexual abuse, a well-designed
system of guidelines has to be put in place that are preventive,
responsive, and rehabilitative in nature. Various national and
international authorities, including the Government of India, the courts,
and child rights organizations, have drafted comprehensive measures
aimed at the protection of children in all environments home, school,
institutions, and online.
1. Legal Institutional
To name one important legal mechanism protecting children in India, we
have the Protection of Children from Sexual Offences Act, 2012, which
provides for child friendly procedures of reporting, investigation, and
trial. The Act clearly provides for:
• Any person who has knowledge of an offence being committed is
bound by law to report the same.
• A statement must be recorded in a friendly/non-threatening
atmosphere.
• In-camera trials so that child identity is not disclosed, and also so as
not to injure the dignity of the child.
Particularly to deal with these quickly.
2. Government and Protocols
The Ministry of Women and Child Development and the NCPCR have
issued several SOPs and model guidelines to make sure the child
protection laws are properly applied. These include:
• Appointing Child Welfare Committees in every district;
• setting up Child Protection Units and Childline services (1098) to offer
emergency assistance;
• compulsory background checks for persons working with children in
schools, homes, and institutions; and
• operating POSCO E-Box, an online complaint box that allows children
to report abuse anonymously.
3. Educational and Institutional
Schools and other educational institutions were instructed to introduce
the Child Protection Policy. This policy consisted of:
• Establishment of Internal Complaints Committees or child protection
cells.
• Sensitization of teachers and students towards recognizing abuse.
• Mechanism of reporting and redressal in confidentiality.
The affiliation of schools from the CBSE and other educational boards is
contingent upon its compliance with these policies.
4. Media and Online Safety
With increasing cases of cybercrime and online grooming, some
measures were put forth by the Ministry of Electronics and Information
Technology. These are:
• The surveillance of online content to thwart child pornography.
• A mechanism for the reporting of crimes via portals, e.g.,
cybercrime.gov.in.
5. Stakeholder Responsibilities
The guidelines state that protection of children is a responsibility shared
by parents, teachers, police, healthcare workers, NGOs, and the judiciary
and requires:
• A quick response to a report is more likely to keep the crisis from
expanding.
• Law enforcement and child welfare agencies need to be fully involved.
•Regular training of stakeholders in the laws and child psychology.

2.7. THE EXPERT REPORT AND OBSERVATIONS

An expert report carries an enormous weight in the understanding of the
complexities of child sexual abuse by providing evidence and testimony
regarding insights and actionable solutions. Different experts in child
welfare, psychologists, social workers, and legal professionals have
voiced distinctions about the causes, impact, and prevention of child
abuse.
1. Child Welfare Expert Reports
It is suggested that child-welfare experts work with international and
national organizations like UNICEF, Save the Children, and NCPCR to
agree on the importance of quick intervention when child abuse is
detected.
They highlight the following:
• All-encompassing psychological assistance must be provided for both
victims and their families to avert the long-term emotional effects
resultant of abuse.
• Training must be provided to caregivers, teachers, police, etc. in
recognizing the signs of abuse and handling such situations rightfully
with care.
• Safe spaces must be maintained in institutions such as schools,
orphanages, and juvenile homes so that children are not subjected to
further risk while seeking assistance.

2.8. OBSERVATION AND ANALYSIS

In India, the consideration of child sexual abuse, there had better be a
multidimensional acceptance regarding all the social, cultural, economic,
and institutional parameters reinforcing the cycle of abuse. Hereby, an
attempt will be made to critically study the child-protection mechanism
against reports from experts, legal framework, case studies, and social
observations, highlighting major challenges and opportunities for reform.
1.Legal and Institutional Frameworks
Despite strong legal frameworks-that is about the POCSO Act of 2012
and the Juvenile Justice [Care and Protection of Children] Act, 2015-
mostly because of some implementation issues. Peruju d delays in
delivery, lack of awareness of the child's rights, and insensitive attitude
of the authorities follow a further re-traumatization of the victim.
Meanwhile, the setting up of special courts and child-friendly procedures
has been achieved, but owing to infrastructure, paucity of training for
police, social workers, and judicial officials, the effectiveness of these
initiatives continues to be eroded.
The discussion highlights the presence of institutional abuses in
orphanages, juvenile homes, and educational settings, thus remaining
amongst the darkly shadowed issues. Maladministration-related issues
leave children in these settings vulnerable to abuse, with lax supervision,
lack of accountability of staff members, and poor enforcement of
protection laws providing the perfect backdrop.
2. Socio-Cultural Challenges
Existing social stigmas attached to sexual abuse act as deterrents to
report incidents. Victims have to surmount sudden culture-related
barriers emanating from fear of letting down their families, and some are
bound to be socially ostracized or blamed by their own community. These
factors contribute to cases of underreporting of abuse, as children are
bound to remain silent.
With the lack of awareness about child rights, especially pertaining to
vulnerable groups in rural areas, the situation worsens. Parents and
communities may hardly perceive the signs of abuse or are conversant
with the available channels to report it. Such ignorance leads to
excessive delays in rope-in intervention from law enforcement and child-
protection agencies.
3. Psychological and Emotional Perspectives
The psychological analyses of abuse victims show that Sexual abuse has
long-term effects that may be more damaging than the physical trauma.
There are many emotional and psychological trajectories affecting these
people with low self-esteem, feelings of worthlessness, trust issues, and
post-traumatic stress disorder. The cycle keeps going as trauma is
passed down from one generation to the next, all the while making the
recipients further susceptible to undergoing additional abuse
It is noteworthy that there is a gross lack of adequate facilities for
psychological assessment and counselling for survivors, especially those
living in rural and remote areas.
There is an important observation to be made, which is the failure of
adequately providing psychological support and counselling to survivors,
mostly accounting for those in rural and remote areas. The present
systems of support are either inaccessible or otherwise ineffective, hence
the conditions of major or minor mental illness go untreated in survivors
of child abuse.
4. Technology and Online Abuse: The Nexus
With the utter proliferation of technology and social media, cyber sexual
abuse is yet another area in the battle against child abuse. Children are
nowadays technically through a multitude of channels, from online
grooming to pornographic content and sexual exploitation being exposed
to such threats. With the enactment of laws such as the Information
Technology Act, 2000, and other cybercrime legislations, it is nearly
impossible to put a complete check on the rapid spread of the digital
landscape and secure the interests of children. Rapidly increasing is the
virtual anonymity of the perpetrators, while the various degrees of digital
literacy in children offer more speel to evening to such online predators.
From studies conducted, the implication has been drawn that the existing
child protection strategies should encompass more robust measures to
secure the online safety of children, in the form of cyber-awareness
programs and tighter regulations on the digital networks.
CHAPTER -03: ROLE OF THE STATE AND POLICY FRAMEWORKS

3.1 CONCEPT OF STATE AND CONDITION

As an entity established for political purposes the state operates as a
structured framework that extends authority and sovereign powers to
manage a designated land area. The government oversees the
management of citizen affairs and keeps public safety and implements
legal enforcement. As a legal authority responsible for maintaining order
the state performs its duty to protect fundamental rights and welfare of
its people with special attention to vulnerable demographics including
children.
The Concept of State
The history of states spans through centuries because it started with the
ideas of Hobbes Locke and Rousseau about political philosophy. Under
contemporary understanding a state consists of four essential
components.
1. The state retains full power to govern both its own citizens and
residents as well as oversee its given borders and boundaries. A state
possesses this exclusive control over making laws and carrying out the
enforcement of laws together with international state-to-state relations.
2. Territory resides as the recognized area of land where the state
uses functioning authority to govern its land.
3. All residents who live in the state territory belong to its population
because they come under the authority of its laws and institutions.
4. Governments comprise the state agencies which exercise authority
and operate through different branches which include executive and
judiciary and legislative departments. Through its public institutions the
government executes all state-developed policies together with
established frameworks and laws.
Within child rights protection the state has a broad duty which surpasses
law enforcement and governance because it must safeguard child well-
being while fostering their growth and providing adequate protection.
States need full compliance with international standard conventions and
domestic legal requirements to protect children while ensuring their
basic requirements and emergency assistance.
The State's Duty for Child Protection

States maintain multiple roles for child care and protection while
legislation serves the fundamental purpose of protecting children from
abuse or neglect or exploitation. The state must provide specific
fundamental services like healthcare and education and nutrition
fundamentals for proper child development.

The state takes control of policy administration along with service

regulation for these provisions while creating protection standards for
children's rights. These rights acquire importance when considered
relating to children's rights and state responsibilities. Under
international human rights laws national governments must create
policies that protect children against all possible kinds of harm. Such
programs provide help specifically to children facing severe protection
needs.

The Current Situation for Children in State Territory

Children's condition in the state depends on three key factors: economic

development alongside services and legal frameworks designed to
protect the child's interests. Global areas suffer from fundamental
denials of access to education which combine with inadequate healthcare
services alongside poverty and multiple other critical deprivations. jobs,
trafficking, and sexual abuses.

Developing nation children experience extensive financial challenges that

block their access to education along with health care solutions. Rural
areas hold important resources and infrastructure that prevent the
improvement of children's living conditions. Children who come from
these backgrounds frequently experience exploitation through child
labour and trafficking into forced labour as well as sexual exploitation.

The situation of child citizens remains negatively impacted.

Few nations have signed the United Nations Convention on the Rights of
the Child (CRC) yet actual enforcement remains inconsistent across
different nations. The intended protective nature of legislative measures
can succeed or fail based on a mixture of government political support
and public institution capability and local authority enforcement abilities.

Children in cities receive superior educational and healthcare facilities

yet experience potentially dangerous situations including abuse and
hazardous media exposure and societal pressures. The least privileged
groups including children from disadvantaged castes or those dwelling in
war areas lack every service or protective measure and endure worse
hardships.
The State's "The Legal and Institutional Frameworks" protects all its
citizens through established laws:

The legal structure presents an evaluation of the United States'

nationwide efforts to protect children. The Indian Constitution
establishes broad child rights protection principles yet the precise rules
for child care and protection stem from specific acts like the Juvenile
Justice (Care and Protection of Children) Act 2015 and the POCSO Act
2012.

Multiple public institutions comprising child protection organizations

operate within the state's legal system to protect children's well-being.
Child welfare committees alongside juvenile courts and child protection
services are some key institutions included in the state's framework for
child protection. These bodies run the children. Child protection laws
outline the program design which aims to stop children from
experiencing abuse or exploitation.

3.2. NEEDS OR THE CARE AND PROTECTION

The unique combination of developmental stages and vulnerable status of

children necessitates specialized care for them to thrive in all areas. The
physical together with emotional needs that originate from care and
protection programs create severe negative developmental effects when
left unattended. International conventions establish children as a specific
minority group requiring protected treatment by expressing these needs
through legal measures.

The Child Needs Assessment Process

Child basic needs span across three intersecting areas which include
survival as well as development in addition to protection requirements.
Three main categories define these requirements.
Survival needs: Child survival and health primarily depend on basic
needs that must be met. Children need an adequate quality of
nourishment combined with drinkable water as well as proper shelter
along with suitable clothing and health services. The prevention of any
developmental harm to children from undernutrition and compromised
sanitation and health services must be prioritized. Developing nations
typically fail to address these requirements which leads to high rates of
infant deaths and growth limitations alongside diseases.

1. Developmental Needs: The intellectual emotional and social aspects

of child development compose their fundamental needs. A child requires
access to quality educational opportunities as well as learning resources
as well as environmental stimulation from caregivers or teachers or
relatives. The development of cognitive and social abilities emerges
through activities performed in early childhood as well as educational
settings since life-long learning and well-being serve as their
fundamental basis. Children without access to proper education in secure
learning places become technology illiterates while also facing
constrained life prospects.
2. Protection Needs: Various types of child protection must be
safeguarded to ensure children stay physically safe and are free from
sexual exploitation and emotional mistreatment while protected from
neglect and trafficking. The timeliness and intensity of protection needs
usually present high priority. States need to create safe areas which
other actors must also provide. Spaces under state protection shield
children from exploitation and maintain readiness to handle abuse cases
and neglect situations.

The State holds primary responsibility to address vulnerable children's

requirements
The State must take the leading role to ensure complete well-being for
every child. Because the state serves as the main governing authority it
stands bound by law and morality to address children's basic
requirements. Each child's rights receive both international and legal
support from treaties including the United Nations Convention on the
Rights of the Child (CRC). The CRC explicitly articulates methods to
cover all these needs within its framework. According to the statute the
state must prioritize children's well-being as it serves their survival and
develops their security without restrictions.
The federal constitution of India manifests this duty by utilizing multiple
constitutional rights alongside legal and policy frameworks. Children
enjoy constitutional protection for their rights through Article 21's Right
to Life and Personal Liberty and Article 39's Directive Principles of State
Policy and Article 51-A's Fundamental Duties that establish the state's
obligation to safeguard children's survival and development and
protection.
Meeting Survival Needs

Children need their survival needs met first to achieve good physical
health outcomes. Children should never lose their lives due to
preventable diseases or malnutrition which is why all children need
appropriate access to nutrition and healthcare and clean water supplies.
Children from disadvantaged backgrounds together with those living in
rural areas encounter significant hurdles when trying to access proper
services resulting in high child mortality rates. India's government
launched MDM and ICDS feeding schemes to address this need for
proper nutrition services. These projects deliver children essential
nutritional food and well-balanced dietary options. These schemes also
include access to health care services in addition to immunizations and
social welfare programs. The implementation of better water sanitation
protocols has been recognized to contribute to reducing child deaths
caused by preventable diseases.

Meeting Developmental Needs

A child develops into a healthy productive being with education and

requires emotionally rewarding reinforcement along with nurturing
environments to develop mentally and socially.

Educational tools form the most powerful weapon through which poverty
cycles get broken to create better life possibilities for children.
Both schools and caregivers alongside community-oriented services need
to collaborate in building adultism-related mental health and
collaborative capabilities for students.

Educational policies ensure all children irrespective of their backgrounds

receive an equal opportunity for education without facing discrimination.
The educational system needs to address remaining issues specifically
pertaining to overcrowded classrooms and uncertified teachers and
failing infrastructure.

3.3 NATIONAL POLICIES AND GUIDELINES

The National Policy for Children received official approval of the Union
Cabinet on April 18th 2013 to enable children-oriented coding and
programming in all territories of India. The policy establishes children as
individual beings who deserve dignity through self-directed development.
All National State and Local governments must follow the shared
principles presented in the Policy for their programs and activities
toward children.

The Constitution of India grants Fundamental Rights to every child

residence within the country and simultaneously gives authority to the
State for creating dedicated child support systems. National and state
governments with their local affiliates must follow these fundamental
principles during their children-related actions and initiatives.

The Policy declared how the Government will deliver on its promise to
achieve full child rights throughout the nation. The policy states that all
individuals under eighteen qualify as children with childhood being an
essential life stage that deserves dedicated value protection through
multi-sectoral long-term sustainable plans which focus on integration and
inclusiveness.

The policy declared Survival, Health and Nutrition, Education,

Development, Protection and Participation as fundamental
interconnected rights of childhood which became the primary focus
areas.

The policy establishes an important objective to increase coordinated

sectorial work and institutional alignment across all governance levels.
active engagement, partnership, and collaboration with all stakeholders;
The policy requires active stakeholder partnerships combined with
collaboration and their full engagement. It also calls for establishing a
reliable knowledge base framework while providing adequate resources
and building capacity among all professionals working with children.

The National Policy for Children Includes Different Fundamental

Elements

Recognises that:

1.Any person younger than eighteen years falls under the definition of a
child.
2.The lifespan value of childhood remains essential to human
development
3. Different groups of children have distinct requirements which demand
distinct answers because their vulnerabilities develop through multiple
dimensions based on their particular circumstances.
4. A combination of long-term strategies from multiple sectors with
sustainability and inclusion in mind ensures proper development and
protection of children.

Reaffirms that:

5. Children represent unique valuable national assets.

6. Extra measures supported by affirmative action tactics need
implementation to remove or reduce discriminatory causes.
7. All children require a family structure that allows them to grow up by
experiencing happiness alongside love and understanding from
caregivers.
8. A robust social protection system should maintain families while they
nurture and care for their children.

Essential Guiding Ideas Found in the National Children's Policy

Include:

1.Every human being possesses personality rights as an interdependent

universal and eternal entitlement from birth.
2.Because child rights work together in a connected system, they
maintain full equality in their contribution to child wellbeing and dignity.
3.Children receive universal rights to survival as well as development
and education alongside protection and participation and the right to life.
4.A comprehensive path should guide the advancement of children's
mental well-being in addition to their emotional well-being cognitive well-
being social well-being and cultural well-being.
5.Every child faces the law with equal standing and warrants protection
from discrimination based on their religion or race as well as caste status
or gender or origin or class or language status or disability status or any
other social or economic circumstance.
6.Children achieve their best all-around development in a family setting
yet authorities can separate them from their parents only when it serves
their best interests.

3.3.1. CONSTITUTIONAL PROVISION

The Constitution of India functions as the country's topmost law through
its nature as a complete dynamic legal body. The document establishes
essential principles about fundamental rights and justice and equality
that ensure every Indian Republic citizen receives including children.
Time after time through numerous legal provisions the Constitution
protects children against exploitation and neglect and abuse by
advancing their education and growth and well-being. The provisions
require states to take responsibility for children which means they
become obligated to empower and protect their welfare. When
interpreted traditionally by the judiciary these Constitutional provisions
have functioned as the primary structure for protecting children in India.

Article 15(3): Special Provisions for Children

Section 15 of the Constitution prohibits citizens from experiencing
discrimination due to their religion, race, caste or their sex or the place
where they were born.

Special arrangements which benefit women and children are authorized

by Article 15's third clause even though it establishes an explicit
discrimination exemption. The State gains authorization to create
protective laws for children through this provision which establishes the
possibility for the State to provide necessary care to vulnerable children.
The section functions as a key foundation for passing multiple laws that
protect children including the Juvenile Justice (Care and Protection of
Children) Act, 2015 and the Protection of Children from Sexual Offense.

Article 21: Article 21 Protects Both Life and Personal Liberty

Among All Fundamental Rights

The fundamental right to life together with personal liberty exists under
Article 21 of the Indian Constitution. Courts in India employ a wide
interpretation of this Article that led to recognizing many additional child
protection rights. Every aspect of dignified living as well as school
enrolment and medical services and safety from harm and abuse fall
under the umbrella of life rights.

• Right to Education: Under Article 21 the Code of Law Education-

2009 emerged to provide children aged 6-14 years with free and
compulsory education. The Supreme Court made its interpretation of the
right to education in Unnikrishnan J.P. v. State of Andhra Pradesh, 1993
by defining it as an essential component of right to life according to
Article 21.
Protection from Abuse and Exploitation: History records the M.C. Mehta
v. State of Tamil Nadu case. In 1996 the Supreme Court of Tamil Nadu
issued a ruling that stated children needed protection from economic
exploitation together with dangerous working situations. The right of
every child to life ensures their protection against forced labor together
with all forms of exploitation as well as abuse.

•Article 39(e): Under this provision the state must take steps to prevent
children from being placed into dangerous or morally damaging work
opportunities. Labor protection works to shield children from exploitation
and child labor in addition to protecting them from physical and mental
harm induced by work. The constitutional protection established by this
right allows for the Child Labour (Prohibition and Regulation) Act of
1986 and the subsequent Juvenile Justice Act to be established.
Article 45: Every child has a constitutional right to access early
childhood care services along with education. Through Article 45 the
State holds responsibility to supply cost-free and essential education to
children younger than 14 years combined with early childhood care and
education services. The Constitution initially contained this guiding
principle as part of its Constitution that subsequently evolved into the
Right to Education Act (RTE) 2009 which established children's
fundamental right to education from ages six to fourteen.

3.3.2. POCSO ACT,2012

The Protection of Children from Sexual Offences (POCSO) Act stands as a

cornerstone of Indian national legislation to stop child sexual abuse as
well as exploitation. The Act creates comprehensive systems of crime
prevention and protection together with firm criminal penalties for
sexual offenses against children. This piece of legislation demonstrates
India's desire to protect children through guaranteed physical and sexual
integrity rights. The POCSO Act acts as a symbolic enforcement
mechanism for protective legislation which establishes child sexual abuse
measures and investigation and prosecution rules for child-related trials.

The Background and Motivation behind the Introduction of the

POCSO Act

The rising number of horrifying statistics and resulting child sexual

abuse reports made it urgent for authorities to create a dedicated
specialized law against child sexual abuse. No specific law existed before
the POCSO Act to address child sexual abuse in a complete manner. The
Indian Penal Code contained legal provisions to address sexual crimes
including molestation yet failed to provide designated protections for
children. Child cases as victims of adult crimes received no specialized
procedures for investigation during times before the introduction of the
POCSO Act.

Key Characteristics of India's 2012 Protect Children from Sexual

Offences Act

The POCSO Act provides complete coverage to deal with sexual abuse of
children through proper court establishment for case trials. The key
features embraced by the Act include:

1.Definition of Sexual Offences Against Children

This Act provides an explicit child-centered definition of sexual

exploitation and sexual abuse through its psychological understanding of
all possible child sexual encounters. The Act lists the following specific
offences:
Penetrative Sexual Assault (Section 3): Any penetration of a child
counts as sexual abuse along with sexual intercourse.
Non-Penetrative Sexual Assault (Section 7): All forms of sexual
assault that do not exceed penetration fall under this category.
Sexual Harassment (Section 11): A person performs sexual
harassment when they make sexually colored remarks to a child or watch
pornography in their presence or make sexual gestures toward the child.
A person convicted under Section 13 faces criminal charges for
exploiting children in pornography activities. The act of using children in
pornographic material creation or distribution or public showing
constitutes an offense under the law.

2.Child Friendly Procedures Establish Clear Ways to Report and

Investigate and Conduct Trials
Conscious of the distress children must endure during their time with the
criminal justice system the POCSO Act establishes friendly procedures.
Some of these are:

Reporting (Section 19): The specified group of people who include

parents and teachers along with doctors and other individuals must file
reports regarding child sexual abuse cases. Illegal non-reporting of
sexual abuse crimes falls under Section 21.
Specialized Investigations (Section 24): Complete sexual crime
investigations against children require specially trained officers to
conduct the process in ways that protect children from additional trauma
while the law correctly demands a two-month timeframe for completing
these investigations.
Child-Friendly Court Proceedings (Section 35): The Act requires
trial proceedings of child sexual offenses to take place in a manner that
reduces the emotional suffering of children during the process. A support
person can accompany the child during evidence testimony while this
evidence may be collected either through video recording or through
closed-circuit television.

The court system follows In-Camera Trials based on the provisions of the
POCSO Act. The courtroom remains closed to anyone except involved
parties during trial proceedings to protect the privacy of the child and
their rights.

1.Role of the Special Courts

The paediatric sex offense laws created Special Courts as an instrument

to provide expedited hearings for child sexual crime cases.
These courts possess authority to handle Act cases with a mandatory
time requirement to complete all cases within one year. Such cases need
an immediate stop to injustice because the delay will prolong the child
victim's suffering for extended periods. Sometimes within the framework
of the POCSO Act children prefer to bear persecution rather than adhere
to proceedings.
All judges handling cases at these courts need to complete specialized
training in child psychology together with case handling procedures for
children.
3.3.3. PROVISION UNDER BNS,2023

The protection of women and children through legislation against sexual

violence and exploitation became a landmark achievement in India's legal
history through the BNS Act, 2023.

The Act established itself through recognition of how India faces

challenges in safeguarding children and promoting their welfare as well
as addressing sexual assault and exploitation and abuse. Through this
legislation India gives voice to its commitment to those conventions while
staying faithful to the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW) and the United Nations
Convention on the Rights of the Child (CRC).

The BNS Act, 2023 covers child abuse and exploitation and violence
through a unified legislation. The law establishes a protective legal
structure for children that helps existing legislation address gaps which
endanger their safety. The Act integrates two essential objectives from
different important laws including the Protection of Children from Sexual
Offences (POCSO) Act, 2012 both as it strengthens child protection and
adds new security measures.

Significant Elements within the BNS Act, 2023

The BNS Act of 2023 establishes increased sanction penalties when

someone abuses children sexually. The core provision of the BNS Act,
2023 enhances punishment measures for convicted offenders who
sexually abuse children. The Act responds with harsher punishments for
sexual offenses which include established minimum jail terms that cover
child sexual abuse and child exploitation and trafficking. The law
purposes these provisions to protect both offenders and impose sufficient
punishment for crimes against children because crimes against children
deserve proportionate penalties.

Under the Act offenders who commit sexual assault or molestation or

child exploitation will serve longer jail sentences but death or life
imprisonment remains the penalty for cases of aggravated sexual assault
involving a victim under twelve years old.

2.Child welfare and rehabilitation

Under the BNS Act, 2023 it is required that child welfare together with
their rehabilitation must start following any case of abuse.

The law now requires adequate psychological support and counselling

and medical treatment plus education for all child victims of abuse. The
Act aims to build a full child rehabilitation system through the following
structure:
Children affected by abuse receive both psychological support and
trauma counselling as part of the welfare rehabilitation programs.

Community-based rehabilitation and reintegration programs help

children reintegrate into society by giving them access to education and
social services on their life path.

The district wing child protection service canters offered children shelter
along with comprehensive services including medical services as well as
counselling and legal support and rehabilitation programs inside one
location.

1.Sexual Violence and Exploitation Prevention Programs

The Act follows a preventive method to stop child abuse and exploitation.
Through dedicated educational programs under the Act schools bring
together children along with parents and educators and members of the
community to educate about protecting children from sexual injury and
exploitation methods. The Act further stipulates that:
Schools need to work with parents to teach children about safe touch
education while simultaneously teaching them how to recognize personal
boundaries and report incidents of abuse.
The establishment of outreach programs must teach families and
caregivers and the wider community what constitutes child abuse and
how to prevent it.

The relevant authorities (law enforcers, child protection officials, and

judicial authorities) require training to enhance their abilities in handling
child sexual abuse cases.

2.Mandate for Special Child Protection Units

The BNS Act 2023 creates Child Protection Units within state and district
law enforcement to provide specific services for child-friendly sexual
abuse investigations and trials. The units must fulfil the following duties:
The SPECIALIZED handling of child sexual abuse cases falls under the
jurisdiction of these specialized units These units train their personnel to
handle sensitive child cases in order to conduct investigations which
minimize the victim's trauma.
- Fast-tracking investigation and trial: Fast-track courts collaborate with
CPUs through an operational partnership to complete sexual abuse cases
in a prompt manner. The Act requires that investigations be completed
within a set timeframe because delaying action would prevent victims
from obtaining justice.

3. Digital Safety and Protection

The expansion of digital technology and cyberspace provides children

worldwide more risk of experiencing virtual abuse and exploitation. The
new BNS Act of 2023 incorporates specific rules about digital protection
to stop cyber-related offenses including child exploitation that happens
online.

The Act gives online exploitation prevention a superior position. The Act
requires online platforms to be regulated as a measure to stop child
sexual abuse material from being transmitted or viewed. The removal
process of these harmful contents needs to be part of social media
companies and digital platforms' institutional responsibilities.
The Act advocates for monitoring systems which parents can implement
to supervise their children's online activities. The legislation promotes
the development of systems which offer parents the capacity to supervise
their children's online conduct and obtain protective measures against
digital risks such as online predators and cyber bullying and
inappropriate content.
3.4. ROLE OF SOCIETY AND NON -GOVERNMENT
ORGANIZATION

The massive contributions of society alongside Non-Governmental

Organizations to the protection of child rights cannot be omitted from an
explanation. Active society participation becomes necessary for
implementing child rights after states create laws and follow through
with their execution. This proactive level requires input from the general
population and civil society organizations along with community
members. Non-Governmental Organizations serve as important
connectors to link the existing legal structure with direct observations at
the ground level through which children receive proper safeguards and
favourable life conditions.

1. Awareness and Advocacy

Society and NGOs bear their greatest obligation by working to educate

both the community and the public about children's rights and their well-
being. Children's fundamental rights to schooling along with protection
from exploitation and barriers to marriage exist yet numerous individuals
in rural districts and peripheral locations remain unaware of these rights.
The lack of awareness about child rights prompts NGOs to run awareness
campaigns alongside organizational workshops and education programs
for local communities.
Law before Rights of Children: Non-governmental organizations teach
parents and guardians about the protective child rights laws including
the POCSO Act, 2012 and Juvenile Justice Act.

2. Direct assistance and services to child

Nonprofit organizations provide direct help and beneficial services to

children specific groups through their programs. Numerous NGOs act as
conduits between donors and beneficiaries to deliver help and assistance
to children in need. These include:

Sheltering and Caring: Numerous NGOs operate shelters to provide

accommodations for children who came into their care due to
abandonment or orphanage status or because they experienced abuse or
neglect or witnessed exploitation. These shelters serve as protective
sanctuaries that fulfil each child's needs for nourishment and garments
and medical care and psychological attention.

Education and Vocational Training: The aim of NGOs is to deliver

education services to children from underprivileged backgrounds who
lack school opportunities. The organizations establish learning
institutions while offering educational grants and organized trade
capabilities to give children access to standardized educational systems
along with practical training programs.
Health and Counselling Services: These NGOs provide health services
consisting of immunization along with nutrition counselling and
psychological support for children who experienced abuse or neglect and
trauma. The services prove essential for children who lack consistent
healthcare access through public channels.

Legal Services: Numerous non-governmental organizations (NGOs)

provide legal assistance to children along with their families to help them
prepare protection right complaints about abuse and child marriage and
exploitation. The organizations provide access to legal representation
that allows children to testify in court proceedings.
3. Child Protection and Safeguarding

NGOs operate throughout the world to protect children from different

forms of abuse and exploitation. Child protection agencies fight multiple
child mistreatment cases including:

Child Trafficking: Child trafficking prevention and defence work is

executed by NGOs through family reunification or placement in
protective living arrangements for victims. Non-governmental
organizations team up with law enforcement to identify trafficking
patterns while offering victims complete legal taking care of and
community-based support and mental health services.

Child sexual abuse alongside child exploitation represents one of the

multitudinous human rights violations’ organizations combat. NGOs give
direct intervention services to children who escaped from sexual abuse
or exploitation. Children traumatized by abuse require psychological
counselling as well as therapy combined with legal services to help them
either recover from trauma or participate in legal action against their
abusers.

Child Labor: Various Non-Governmental Organisations dedicate

themselves to eliminate the practice of child labour. The organizations
carry out rescue operations while working with police forces and
advocate to establish legislation that protects children from dangerous
working environments. After performing hazardous labours rescues NGO
staff members ensure children receive rehabilitation services followed by
educational and family integration support.

3.5 OBERVATION AND ANALYSIS OF CHILDERS CONDITION

Various social economic cultural and institutional frameworks in India

determine how children fare within the country.
Only a basic framework exists from these macro conditions. The system
includes basic legal protections from the constitution and child-focused
laws as well as specific welfare options and more. The majority of
children have not gained access to their constitutional fundamental
rights. Though time has passed, many children yet have to taste the
realization of their basic rights under the constitution; Children in India
still wait to benefit from their constitutional rights as many face both
malnutrition along with illiteracy and also suffer abuse and exploitation
in their daily lives. 4

Demographic Overview

The demographic structure of India shows children under 18 years

comprise an essential 39% portion of the total population. Children in
India are not completely ensured of their well-being's security. A few
4
National Institute of Child Health and Human Development, Understanding Child Abuse and Neglect, 2020.
initiatives have been established to enhance child health alongside
educational developments. The general development process has
suffered from problems created by variation in wealth and local
economies and geographic region development across states.

Health and Nutrition

Health and Nutrition Diminish the Wellbeing of Children in India.

Statistics from the National Family Health Survey 5 show that 35.5% of
children under five suffer from stunting and 32.1% are underweight
while 19.3% suffer from wasting which are signs of chronic malnutrition.
Numerous factors contribute to the development of this malnutrition
problem rather than just poverty alone. The rationale behind such
problems arises from mothers who lack awareness or health issues and
inadequate healthcare services accessibility.
Child mortality rates remain an ongoing concern in the country. The IMR
and under-five mortality rates show either unacceptable or high numbers
despite overall improvements. Under-current health infrastructure levels
exist mostly within rural areas. Tribal and marginal community children
face severely restricted access to both vaccination and nutrition support
programs.

Education and Upgradation

Education stands both as a human right and as an influential tool which

provides individuals with the power to overcome challenges. The RTE Act
of 2009 specifies all children between 6 and 14 years of age must have
access to education. The specific execution of this legislation will show
differences between different areas. Girls along with people from Dalit
communities and residents from rural areas face the highest risk of
dropping out of school.

Digital disenfranchisement coupled with school closures due to COVID-

19 made an existing predicament much worse. Because of poor rural
digital infrastructure many children slipped through the cracks in their
distance learning classes and this enlarged their learning inadequacy. 5

3.6. NATIONAL IN INTERNATIONAL APPROACH

Child rights protection requires substantial joint efforts between national

and international teams to resolve the various dangerous situations
children face. The government together with civil society groups and
international organizations focus their advocacy on children's well-being
through the enactment of policies and laws. Protection levels for children
receive analysis from both domestic and international perspectives in this
chapter. The focus is on analysing the policies together with frameworks

5
Ministry of Labour and Employment, National Child Labour Project, Govt. of India, 2021.
that handle child protective situations involving exploitation and abuse
and neglect.

3.6.1. INTERNATIONAL CONVENTIONS AND PROTOCOLS

The enforcement of laws to defend children from abuse and neglect as

well as exploitation represents a global priority which constitutes
protection. Universal community established multiple conventions
together with protocols and treaties designed to protect children's rights
and give child protection against all forms of abuse absolute significance.
All initiatives to protect children worldwide find their foundation through
these global conventions and protocols which establish behavioural
standards regarding child treatment along with specified state and
organizational responsibilities.

1. Under the 1989 United Nations Convention on the Rights of the

Child

The United Nations Convention on the Rights of the Child stands as the
most detailed international document that establishes child rights in the
normative framework. It defines a child as any person under the age of
eighteen with an exception for countries where the age of majority
occurs sooner. The Convention specifies children possess civil, political,
economic, social and cultural rights that include education rights besides
health access and protection from exploitation and the right to
participation and access to a secure environment.

2. The Optional Protocol to the CRC on the Sale of Children, Child

Prostitution, and Child Pornography (2000) exists as part of the
human rights framework.

Another safety net against sexual exploitation can be found through the
Optional Protocol to the Sale of Children, Child Prostitution, and Child
Pornography (2000) alongside the CRC. It covers three broad issues:
1. Sold children are protected under this agreement along with illegal
adoptions and sexual exploitation.
2. Under the scope of child prostitution falls both sexual exploitation
under scope of sex tourism and any other type of child exploitation.
3. The making or selling or using child pornography constitutes one form
of exploitation that harms children.

3. ILO Conventions on Child Labor

The International Labour Organization through several conventions

works to provide safeguards that protect children from economic
exploitation and labour abuses. Among the two primary conventions
concerning child labour stands:
 1. The Minimum Age Convention from 1973 which is
Convention No. 138 of ILO

According to this convention the minimum work age stands at 15 but

countries with underdeveloped educational systems and economies
may reduce it to 14 years of age. The Convention defines the rules
that authorize child work in non-hazardous forms of light labour.

Under ILO Convention No 182 (Worst Forms of Child Labour

Convention, 1999 the member states must aim to eliminate the
most extreme child labour practices.

The convention sets standards for the elimination of harmful child labour
activities including human trafficking and child prostitution along with
slavery and child pornography and dangerous work. A series of required
actions to eliminate the worst forms of labour and punish perpetrators
was instituted by this convention for states that choose to ratify it.

4. The Hague Convention on International Adoption designed this

document in 1993.

The 1993 Hague Adoption Convention established two core goals: it

safeguarded children during intercountry adoption and it fought child
trafficking while prioritizing the child's best interests. International
adoption countries should follow Hague Convention guidelines to protect
children from all forms of exploitation and both legal and unethical
intercountry adoption practices. Each national government must
establish a Central Authority to both inspect adoption activities and work
with other countries toward minimizing child trafficking and child
protection.
The Hague Convention ensures protection of children's rights during
adoption procedures and thereby stops the exploitation of defenceless
children through the adoption process.
3.6.2. ROLE OF THE NATIONAL COMMISSION FOR THE
PROTECTION OF CHIDREN

The National Commission for Protection of Child Rights (NCPCR) which

exists under the Commissions for Protection of Child Rights Act, 2005
serves as the cornerstone for child rights protection within India. The
organization must protect children's rights while actively promoting their
rights and performing oversight on their enforcement and using
legislative actions and policy tools to shield children's best interests. The
NCPCR operates as a government advisory agency through which it
ensures proper enforcement of child protection laws in India.

1. Constitutional and Legal Foundation

The Commission emerged through India's formulation of child protection

agreements when it ratified the United Nations Convention on the Rights
of the Child in 1992. Under Article 15(3) of the Indian Constitution the
Commission establishes itself as a legitimate entity for child protection.
The Commission started operations based on a pressing need to establish
a specific authority which addresses problems affecting children
throughout India such as child labour and child abuse among others.
Through the Commissions for Protection of Child Rights Act of 2005 the
NCPCR conducts investigations about child rights violations and analyses
existing laws alongside policies to propose better approaches for child
welfare in India.

The Commission executes surveillance and protective obligations

regarding specific rights.
The formal integration of childhood courts has reached unprecedented
numbers within the last twenty years while prompting alarm about how
state budget allocations will effectively resolve these problems.

Right to Education (RTE): The Commission's primary role involves

guaranteeing that the RTE Act, 2009 produces free universal quality
education through mandatory schooling systems for children between 6
to 14 years old. The Commission performs inspections of school facilities
and reviews RTE Act practices while addressing any discriminatory
actions within educational institutions.

Protection from Exploitation: The Commission conducts various

additional responsibilities to protect children from forms of exploitation
which include child labour and sexual violence and human trafficking. It
connects with law enforcement agencies to trace and monitor abuses
while providing child victims access to redress through the commission
or alternative forums.

3.6.3. ROLE OF THE VOLUNTARY GROUP AND OF OTHER

AGENCIES
The implementation of child protection and child rights advocacy in India
relies heavily on voluntary groups and other agencies that have an
essential and often essential role to play. Voluntary groups together with
NGOs and other agencies act as the primary force for implementing and
providing direct services alongside advocating at local levels even while
NCPCR and other government entities function through established laws
and policies.
The organizations enact their role through closing the gap between
formal state structures and children who need protection and service aid.
The organizations collaborate with government structures to both direct
vulnerable children to suitable services and uphold children's rights
throughout their local communities.

1. Legal and Policy Advocacy

Organizations active in child welfare work as primary catalysts for both

public education about children's rights and the creation of child-friendly
laws and supporting legislation and programs. The groups work with
men's circles to create important child protection policies that then serve
as the foundation for advocating new laws and policy changes that
deliver optimal benefits to children. The advocacy generally addresses:

Awareness-Raising: The campaign distributes knowledge about

children's rights and legal protections to children and parents and
members of the community. These programs raise public awareness
about child protection matters including child labour and sexual
exploitation and child marriage and trafficking.

Nonprofit organizations actively participate in petitioning lawmakers to

execute policy reforms that will best serve children. Voluntary
organizations continue to fight actively for laws that advance child
protection by actively working with legislators to create and advance new
legislation. The experts provide research guidance and deliver
specialized recommendations. Voluntary organizations conduct public
initiatives that aim to impact government policy reform for children's
rights.

1. Direct Services and Intervention

These organizations offer direct support services to vulnerable children

through protection programs for those who have come under abuse or
exploitation or neglect. The organizations should reduce their direct
intervention services to include the following:

Rescue and Rehabilitation: Nonprofit rescue groups have a crucial

presence in mission-oriented child liberation operations involving
children who participate in child labour or child slavery or child
matrimony. Trafficking underworlds burn through merging routes which
lead to commercial deals and sexual assaults along with mutilations to
establish legitimacy in persecution.

Support Services: Non-government organizations (NGOs) deliver

multiple assistance categories which include counselling and educational
development and vocational instruction along with legal support to
children who have fallen prey to abuse and exploitation. These projects
work to help children re-enter their communities by either placing them
in foster care or allowing their safe return to their families.

Child Protection Units: The child protection units of numerous NGOs

serve as monitoring and care facilities for children discovered in
distressful situations. These units will protect children at institutions and
orphanages against neglect and abuse and all forms of exploitation and
mistreatment. Protecting children's rights represents an ongoing
collaborative effort between our team and both the local police
departments and civil agencies.
3. Empowering Children and Communities

The empowerment of children and communities happens through

voluntary groups that encourage children and their communities to
actively protect children's rights. Empowerment involves:

The Education and Capacity Building: Through initiatives launched

by NGOs and voluntary institutions children along with their families
learn about rights and responsibilities. The programs ought to generate
community-wide knowledge about safeguarding children while
emphasizing their education. The programs will teach children how to
defend themselves from harm and prevent exploitation.

Community Mobilization: Voluntary organizations direct their efforts

toward community mobilization to instil within people a sense of shared
responsibility for child welfare. Voluntary organizations execute children
safety awareness campaigns together with vigilance group organization
and basic child protection legislation training for parents and community
leaders.

4. Advocacy for Particular Vulnerable Groups

Voluntary organizations specifically focus their support programs on

particular vulnerable child groups:

Street Children: Children who live on the street receive continuous

shelter support alongside food provision education access and
psychosocial assistance which remains in effect throughout their entire
time on the streets. ANGS actively works to transform street children
into sociable members through programs that attack their fundamental
issues of poverty and dysfunctional homes and maltreatment.
 CHAPTER-04: INDIAN JUDICIARY AND JUDICIAL ACTIVISM

4.1 INTRODUCTION

Through its shaky foundation the Jamaican judicial system implemented

procedures and safeguards for protecting vulnerable populations most
notably children. Justice in India now actively enforces people's
fundamental rights to safeguard children from exploitation and abuse.
The purpose of this chapter is to undertake an in-depth review of Indian
judiciary's efforts to protect children's rights especially through analysis
of the POCSO Act of 2012. Through the POCSO Act Indian criminal
jurisprudence pursues significant progress in child sexual abuse
protection along with quick judicial procedures and support for survivors'
restoration. Acceptable results from the Act depend directly on judicial
bodies providing frontline active support for its interpretation and
execution.

The Indian judicial system has proven itself through time by actively
working to protect child rights. In Indian legal terminology judicial
activism refers to courts creating new legislation using landmark
decisions that implement constitutional rights.

. Through such court interventions judges perform law interpretation

while simultaneously making social conditions better through their
holistic decisions. Multiple notable occasions demonstrate how the
judiciary handled the POCSO Act through its responsibility to establish
special courts. offering protection to child victims through the various
stages of legal procedures; Child victims find protection during legal
procedures and the law enforcers consequences for all forms of sexual
offenses directed against children.

This chapter examines special court powers under the POCSO Act
together with judicial orders that protect children's welfare while
preserving their dignity. This chapter evaluates Indian Courts'
interpretation of child protection laws through landmark judgments to
determine if Courts have performed adequately within their
constitutional authority.

Judicial activism is the main characteristic of Indian legal culture. Indian

courts, in the absence of legislative enactments and executive actions,
have taken it upon themselves to enforce rights and grant remedies. The
courts have helped deal with the lacunae in legislation and keep the law
abreast of changing social conditions as far as child sexual abuse matters
are concerned. This chapter will address how the judiciary has actively
engaged in the development of laws for the protection of child rights, and
in this respect has been inclined to enforce the Prohibition of Child
Sexual Offenses Act.
.4.2 JURISDICTION OF THE COURT: SPECIAL COURT
According to the POCSO Act, 2012, a Special Court has to be constituted
to expedite the judicial process in cases of child sexual abuse. Such
courts are instrumental towards the timely administration of justice as
well as for the effective implementation of the provisions of this Act. The
powers bestowed upon these Special Courts are necessary in ensuring
that victims of child sexual offences are speedily, sensitively, and
effectively dealt with by the courts. This section will consider the
importance and the working of Special Courts and how it contributes to
ensuring the rights of children are protected and realized.
1. Constitutional and Legislative Foundation
The establishment of Special Courts under the POCSO Act draws on the
constitutional provisions that protect children's rights under the
Fundamental Rights and Directive Principles of State Policy in India. The
Indian Constitution provides for the protection of children through
various provisions, more importantly Article 15(3) (special provisions for
children may be made by the State), Article 39(e), and Article 39(f)
(ensure children are not abused and protect childhood and youth from
exploitation). Thus, one of the aims of the POCSO Act is to ensure a child-
friendly judicial process so as to meet the peculiar difficulties faced by
children when confronted with the legal system.
POCSO Act powers Special Courts to try matters relating to crimes of
child sexual abuse and that throughout the whole course of judicial
proceedings, such courts are able to ensure the safeguarding of the
victim's identity from public knowledge and embarrassment and the
protection of his or her privacy and dignity. The idea is that the
environment should discourage any form of intimidation so that a child is
able to come forward, which is a very important aspect in getting justice
for the victim.
2. Working of Special Courts
Courts under the POCSO were instituted to ensure quick and efficient
trials. The law further mandated that a case under this Act should be
disposed of within a maximum period of one year; thus, these Special
Courts must work hard to minimize any procedural overhead. The
Special Courts can hold proceedings in camera to protect the identity of
the child. Furthermore, it shall have the jurisdiction to conduct trials
expeditiously, which becomes vital given that child abuse cases, by the
extent of trauma to the child, are further aggravated if their disposal is
not swift.
Special Courts are expected to maintain a child-sensitive environment
while trying such cases by considering the psychological and emotional
state of the child. The child is thus to be safeguarded against hostile
questioning and provided with adequate support to relieve the trauma of
facing the accused. Special Courts, therefore, also make decisions as to
whether testimony will be given by video recording or if the child can be
accompanied by a trusted adult at the trial to lessen the psychological
impact.
3. Role in Protecting the Child’s Interests
Child interest is the very basis upon which Special Courts were to be
established. The Court can hear cases in a way that causes great less re-
victimization and does not induce a level of anxiety with which the child
is often confronted during a trial. For example, Section 24 of the POCSO
Act allows for the appointment of a special public prosecutor, whose role
is to act in the best interest of the child, ensuring that the proceedings
are conducted in a child-friendly manner and that the child’s dignity is
maintained.
In addition to the above, the courts also have the power to ensure that
victims get their due compensation, either from government schemes or
as part of the punishment in a criminal case.
Special Courts, therefore, help in the rehabilitation of the victims by
making sure that the legal process contributes positively to their healing
instead of further aggravating their harms.
4. Challenges of Special Courts
Although clearly defined to give precedence to protection of children and
ensuring speedy justice, many factors deter Special Courts from
functioning effectively. The most important problem is the overburdened
judiciary and the non-establishment of sufficient numbers of Special
Courts in many areas. Thus, some districts experience slowness in trials
and victims may have to wait longer to obtain justice. Such courts, in
addition, may simply be unable to avail themselves of child-specific
supplementary services-the specialized counsellors and child protection
experts, for instance. The children involved have the huge impact on
these ancillary services, some of the cases could be processed better.
Another concern is the lack of training for judges and other court
personnel in handling cases of child sexual abuse. In the interest of
preserving the sensitive nature of the cases, judges must receive a by-
way specialized training to understand the psychological trauma that
children undergo and the best methods of handling such cases. Lack of
expertise results at times into either improper application of the law or
procedural error that might defeat the rights of the child.
5. Judicial oversight and Accountability
Special Courts are also under judicial oversight and must maintain a high
quality of accountability in their functioning. Regularized reviews and
inspections of the working of Special Courts ensure that these are
working in conformity with the norms laid down in the Act and are
discharging their mandate of delivering justice to child victims.It is the
cardinal beliefs of our lawmaking process that shield individuals from
either the general populace's wiles or state directives and renumeration
instead and let the government arrest an individual only when the
circumstances warrant. The mounting tide of child abuse cases demands
an imminent enlargement of the Special Courts to deal with the growing
caseload.

4.3 PROTECTION OF CHILDREN AND JUDICIAL GUIDELINES

POCSO, 2012 was enacted with the objective of protecting children
against sexual seduction and exploitation. The Act's success did not rely
solely on the text of the laws themselves, but also on the judicial system
which interprets and upholds them. . Judicial guidelines are of immense
importance in ensuring that the legal procedure accords dignity to the
child and justice to his cause. This chapter looks at the judicial guidelines
provided, in the protection of children under the POCSO Act, for
sheltering child victims in the event of any litigation and protecting them
before, during, and after the trial.
1. The Role of the Judiciary in Protecting Children
The Indian judiciary, being the protector of fundamental rights, has to
play an important role in ensuring the safety and dignity of a child. The
conversion of sentences into more usual forms with additional words,
phrases, and sentences, building up texts. The courts have taken upon
themselves to interpret child protection laws in a manner such that the
interpretation does not merely cater to the letter, but also to the spirit of
the law. Going beyond just interpretation, the judiciary has embedded in
it an active role of protecting the victims of child sexual abuse. This led
to issuing directions and guidelines that courts have to follow when they
entertain cases relating to children.
This role of the judiciary is even more important under the POCSO Act.
This Act contains a number of provisions meant to ensure that the
investigation, trial, and protection of the victim are carried out with due
regard to the emotional, psychological, and social vulnerabilities of a
child. The judicial guidelines therefore provide the mechanism for the
courts to effectively implement these provisions.
2. Child-Friendly Judicial Procedures
Among the most important judicial guidelines is the one relating to child-
friendly procedures in POCSO cases. Directions delivered by the
Supreme Court and different High Courts are aimed at ensuring that all
processes are conducted sensitively with regard to the child victim. Some
measures include holding a closed trial to protect children behind closed
doors, maintaining the protected status of children's identity and privacy
by not using their real names, recording testimonies through video link
technologies, and engaging the services of child psychologists or other
professionals required to assist the child throughout the proceedings.
The essence of these procedures is to develop an environment where
children can testify without fear of retaliation or trauma.
In-camera proceedings constitute an important aspect of the judicial
guidelines that demand the child’s identity to be kept confidential with a
view to preventing stigmatization of the child and also to prevent the
child from being further victimized by publicity and attention. The
guidelines also prohibit questioning of the child that may further
aggravate psychological distress. Judicial officers have been directed that
cross-examination must be carried out in a manner sensitive to the age
and mental condition of a child.
3. Speedy Trial and Expedited Justice
Speedy trial stands as an important principle under the POCSO Act.
Special Courts must dispose of cases within a span of one year. It is for
the judiciary to ensure that this statutory timeline is kept, and judicial
pronouncements have also evolved along the lines of ensuring that such
time limit is adhered to. The courts have periodically monitored and
issued directions keeping in view the principle that there shall be no
unreasonable delays or lapses which can lead to further victimisation of
the child.
To expedite a case further, the judicial directions highlight the need to
fast track cases of child sexual abuse and the setting up of special courts
under the POCSO Act forms part of the same exercise. The courts are
urged to treat such cases on a priority basis owing to the expediency of
justice in given instances, which is to ensure that the victim is not kept
through prolonged periods of suffering and the offender is not withheld
from facing the consequences of his actions for an unwarranted delay.
The Guidelines for Speedy Trials issued by the Supreme Court highlight
that procedural delays are to be reduced at any cost as it can prolong the
psychological trauma of the child because of an unnecessarily prolonged
trial. The Judges should immediately deal with the matter so as not to
compromise the rights of the accused and tardy justice.
4. Protection of Child Victims from Secondary Trauma
Judicial guidelines stress protection from secondary trauma, which
actually is perpetrated by the legal process. Child victims are
traumatised in the exhaustingly long court process, which may include
reliving the horrendous memories of their abuse in questioning and
cross-examination. The guidelines issue instructions being very explicit in
protecting children from further emotional distress.
For instance, under Section 33 of the POCSO Act, the statement of the
child has to be recorded as soon as possible after the incident and in the
presence of a trusted adult so that the child is not made to recount the
traumatic event time and again, leading to emotional distress. The child
should not be confronted with the accused in court and, if needed, should
be enabled to give testimony by video conferencing. The child has to be
interviewed by trained persons who are sensitive to his or her needs.
5. The Role of Special Public Prosecutor
The Special Public Prosecutor has been given the task of child
representation under the Act by the judiciary. There are judicial
guidelines stating that the Special Public Prosecutor should be specially
trained to handle cases of child sexual abuse because the prosecutor is
pivotal to safeguarding the best interests of a child during trials. Victims
are entitled to privacy during any and all stages of the investigation, the
prosecution, and the trial; sensitive treatment in medical services; and
time for examination, investigation, and communication, in the event of
sexual exploitation or abuse.
Apart from ensuring that the trial goes on smoothly, the Special Public
Prosecutor must do everything under the law to maintain the child’s
rights throughout the whole process, always ensuring that these rights
are respected according to the child-friendly judicial norms provided
under the POCSO Act.
6. The Role of CWCs and NGOs
Judicial guidelines also consider the need for cooperation with Child
Welfare Committees (CWCs), Non-Governmental Organizations (NGOs),
and other child protection organizations for the fuller support of the child
victim. The judiciary encourages the courts to direct victims towards
these support systems for further assistance in their recovery. The
judicial guidelines also uphold that such agencies may help provide
essential psychological support, legal aid, and rehabilitation services for
the child during and after the trial.
Further, the Court has pronounced that Child Protection Services shall
actively intervene in the proceedings to ensure that adequate care and
protection are given to the child during the trial. This shall include
intervention in counselling, accommodation, and education of the child
during the legal process.
4.4 PRINCIPLES AND DIRECTIONS IN THE CASE OF THE POCSO
ACT
The Protection of Children from Sexual Offences (POCSO) Act, 2012 was
passed in order to provide a comprehensive law for protecting children
from sexual abuse, exploitation, and trafficking. The main aim of the Act
is to provide a safe environment for children, ensure justice in time, and
ensure support and protection for child victims of sexual offences. To this
end, certain principles and directions have been laid down by the Act to
be followed during legal proceedings and towards the welfare of children
and judicial practices. This Section discusses the key principles and the
judicial directions evolved consequent upon the implementation of the
POCSO Act, with special reference to the guidelines laid down for the
judiciary in the effective enforcement and protection thereunder.
1. Best Interest of the Child: An Operating Principle
The best interest of the child is a fundamental principle in the POCSO
Act and is drawn from Article 3 of the United Nations Convention on the
Rights of the Child (UNCRC). Best interest means that on every occasion,
whether by the judiciary, law enforcement agencies, or child welfare
bodies, considerations that give priority to the safety, emotional well-
being, and future prospects of the child should be taken.
In relation to the POCSO Act, this principle dictates that whenever a
legal proceeding is instituted in relation to any child victim, efforts
should be made to reduce any damage caused to the child, maintain the
privacy of the child, and ensure suitable counselling for the child. This is
evident from provisions for in-camera trials, videotaped testimonies, and
the restriction on repeated questioning of the child to lessen the trauma
associated with legal procedures. This principle recommends the
creation of a child-friendly judicial process that prevents further damage
to or humiliation of the child.
2. Timely Justice and Speedy Trials
An essential principle founding the POCSO Act relates to granting speedy
justice to child victims of cases pertaining to sexual offences. The Act
stipulates the creation of special courts to address cases of child sexual
abuse and that trials should be disposed of within a year of the offence
having been committed. Internationally, justice for children stands as a
recognized right, and an effort is made to shorten the time locating the
child in the aftermath of abuse.
Several directions issued by the judiciary aim at fast-tracking child-
related cases to maintain the principle of speedy trial. In particular, these
are special courts being directed to give priority to such cases, conclude
proceedings within a fixed timeline, and expedite the investigative
process. Furthermore, the judiciary exhorts that delays due to
unnecessary procedural difficulties or conventional red tape being
inflicted upon a child victim are highly undesirable since such situations
lead to undue psychological trauma for the child victim.
3.Privacy and confidentiality of the child
The POCSO Act places the utmost importance on safeguarding the
privacy and confidentiality of the child-victim during the entire legal
proceeding. Section 23 states that proceedings shall be held in-camera to
protect the identity of the child so that the media, the general public, or
even the accused are not permitted to obtain any information about the
child or listen to the child's testimony.
Further instructions to protect the child's privacy were promulgated. In
this respect, the child's name, address, or any other particulars that may
lead to his or her identification shall remain untouched by outsiders.
Protection against social stigma, possible retaliation, or harassment is
thus provided for the child. Thus, courts are instructed to make sure that
the protective and confidentiality measures are observed at all steps of
the trial process: from the investigation to the final adjudication.
4. Vulnerability and Special Treatment of Child Victims
Another important direction under the POCSO Act is the need to
recognize and accommodate the vulnerability of child victims in sexual
offence cases. The judiciary has set some broad guidelines and directions
about how child victims are to be treated during the investigative or
inquiry stage, trial stage, and post-trial stage.
Special focus is laid on how to ensure that the child victims are not again
victimized by way of a legal procedure. Judicial directions include the use
of child-friendly procedures such as video recording of the testimony
where the child would be able to give evidence without being physically
present in the courtroom. Child psychologists and other trained persons
can be appointed to provide emotional and psychological support to the
child during the legal process. Compassionate approach is to be adopted
by police and judicial officers during questioning so that the child is not
further traumatized.
5. Role of the Special Public Prosecutor
Special Public Prosecutors in child sexual abuse cases were provided in
the POCSO Act. Judicial instructions have laid down that the SPP must be
trained in handling child sexual abuse cases and be sensitive to the needs
of the child, so as to view the child as vulnerable and approach the
matter with due care and concern for the child.
The SPP shall ensure that the best interests of the child victim are
considered in the child sexual abuse case and that the child is not
subjected to further harm or embarrassment during the proceedings,
including full representation for the child. The role of the prosecutor
outside the courtroom also extends to overseeing what support services-
counselling, shelter, and rehabilitation--the child may require, and this
must be secured by the judiciary.

4.5 LEADING CASE LAWS FOR THE PROTECTION OF CHILD

ABUSE
In India, the judiciary has played a crucial role in child protection and
sexual abuse by way of some landmark judgments. These cases helped
bring about clarity in the interpretation of the law, development of the
POCSO Act, and were also a source of important guidelines for the
protection of children. The principle of judicial activism invoked by the
Premier's Office indicates that children must have rights and restoration
must be given to those who suffered from the violation of child abuse
laws.
The most important of these cases related to the protection of children
from sexual abuse and exploitation under the Indian legal system are
discussed in this section.

In 2004, Sakshi v. Union of India

This case was about a writ petition filed by an NGO called Sakshi to
address increasing instances of sexual violence against women and
children in India. The petitioners pleaded that the narrow scope of laws
dealing with rape under the IPC, viz., Section 377, 375/376, and 354, all
define rape exclusively in terms of penile-vaginal penetration. They
observed that this definition excluded many forms of sexual abuses, most
common among them being penile-anal and penile-oral penetration,
finger/vaginal penetration, and penetration through the use of objects.
Because of this limitation, they claimed the definition violated Article 21
of the Indian Constitution. These provisions have, however, since been
amended under the Criminal Law (Amendment) Act of 2013.
Further, the petitioners drew the attention of the Court to Article 15(3) of
the Constitution, insisting that this be so construed as to entail more
inclusive laws for the protection of women and children.

Bharwada Bhoginbhai Hirjibhai v. State of Gujarat (1983)

This case witnessed a prosecution in a situation where a middle-aged
man was prosecuted for allegedly raping two young girls of 10 years of
age who were visiting his house to see his daughter. The trial court
convicted the accused under Sections 376, 354, and 340 of the Indian
Penal Code (IPC). However, the High Court reversed the conviction for
rape, deeming it an attempt to commit rape. The Supreme Court upheld
the judgment of the trial court and opined that minor discrepancies in
the evidence of a victim would not be sufficient.

Bachpan Bachao Andolan v Union of India (2011)

The Supreme Court, in this PIL, considered significant violations of child
rights, primarily sexual exploitation and abuse of children engaged in
circus performances across India. The petition pertaining to child
trafficking usually ended with serious forms of abuses, such as sexual
abusers. These violations were tending to be in breach of the Juvenile
Justice Act and various international child rights conventions. The court's
intervention needed stronger implementations of laws for the protection
of children and prevention of trafficking for exploitation.

Anchorage Case (2011)

A shelter had been formed in Mumbai with assistance from a charity
worker from the UK, while another UK national was continually visiting
the shelter. After five boys complained to a local police station, these two
were charged with sexual offences. The Mumbai High Court absolved the
defendants on grounds of insufficient evidence; the Supreme Court, on
the other hand, reversed that decision and upheld the guilty verdicts of
the trial court, barsmithing both men in prison for six years.

State of Maharashtra v. Dattatraya (2013)

In this case, the accused was the victim's neighbour, and he took her
home with her after she was only five years old. There, he sexually
assaulted her causing grievous injuries, among which was cranial
trauma. To conceal the crime, the accused smothered the victim, causing
her death. The accused was convicted under POCSO and sentenced.

State v. Mohd. Zahid (2016)

After school hours, the accused forcibly gripped the victim's hand near a
tea stall and was trying to drag her away. The victim put up resistance,
and, in doing so, her hand got injured. This was a non-consensual act and
the Supreme Court convicted the accused under the POCSO Act for
sexual assault and sexual harassment punishable under Sections 8 and
12 of the POCSO Act.
Psychologists opine that victims of unwanted sexual advances react in
three distinct ways:All of these reactions may leave traces of speeches
into physical evidence; however, the freezing response is often mistaken
as consent by the bystanders- a situation that does a grave injustice to
the victim. For example, children that may freeze because of fear or
trauma have the tough time establishing that the assault happened
because there is usually no physical evidence that corroborates their
claims.

State of Rajasthan v. Om Prakash (2012)

This case dealt with the sexual abuse of a minor girl and threw light on
the requirement of harsh punishment under the Indian Penal Code (IPC),
particularly in cases where the victim is a minor. The court reiterated the
principle that bestows special protection upon child victims of sexual
assault by law, while requiring the draconian punishment of offenders
who commit these heinous acts.

4.6 FINDINGS AND ANALYSIS

The Indian judicial system has, in a way, evolved into a protector of
children from abuse, mainly concerning child sexual abuse cases.These
cases portray a response that is constantly transforming over time and
dynamic, keeping in view ever-increasing worries concerning children
and their rights and protections. One of the utmost important judicial
functions lies in the interpretation and enforcement of child protection
laws like POCSO and the imparting of justice, care, and rehabilitation to
the child victim of abuse.
1. Judicial Recognition of a Child's Rights
Several prominent cases have vindicated and maintained the intention of
the judiciary to recognize children as vulnerable beings in extraordinary
circumstances that deserve special legal protection. The Supreme Court
has taken a few proactive positions in safeguarding children. For
example, in Vishal Jeet and Bachpan Bachao Andolan, it was recognised
that children require special laws and procedures for the protection of
their interests. On the basis of these decisions, child-friendly courts have
been established along with fast-track procedures and rehabilitation
measures for cases of child abuse.
The POCSO Act came into force as an elaborate and truly child-centric
legislation after judicial interventions had highlighted the deficiencies in
earlier laws relating to child protection. The judgments thus emphasize
that child abuse, especially sexual abuse, must speak with urgency and
sensitivity when ensuring children’s basic rights such as dignity, life, and
non-exploitation.
2. Effectiveness of Special courts for Child Abuse
Making Special Courts to try cases of child sexual abuse is a big step in
the direction of making the legal process more child-friendly, as
suggested in Vishal Jeet and State of Maharashtra v. Madhuri. Special
courts are to provide an atmosphere where children face less
intimidation and receive more support. The findings of these cases
suggest that these special courts help immensely in reducing trauma
faced by children during the process of legal proceedings, which is of
utter importance to their emotional and psychological well-being.
In the wake of such events, a number of challenges pertaining to the
timely and effective functioning of special courts confronted the country.
The legal proceedings stand against the full enforcement of child
prevention laws by limitations in availability of resources, skilled
manpower, and procedural delays. Although some judicial reforms may
be thought to have taken place, there is still plenty of documentation to
be done toward-the establishment of special courts throughout the
country and the actual performance of these courts.

3. The Strengthening of Child Protection Mechanisms

A critical analysis of the case law discloses that, this notwithstanding,
much attention was paid to judicial directions for the fortification of child
protection mechanisms, yet implementation still lacks on the ground. The
Supreme Court in Sahakti Vahini versus Union of India demanded for
stronger anti-trafficking measures and mechanisms for the protection of
interests of the victims, and further provided for the setting up of child
protection units and special police units to deal with cases of trafficking.
However, despite these directions, the threat to implementation remains,
especially in rural disadvantaged areas where awareness is very little,
resources are scanty, and coordination between law enforcement
agencies and child welfare agencies is fragile. A major stumbling block in
the comprehensive protection of child victims continues to be inter-
agency coordination between law enforcement agencies on the one hand,
and social welfare departments and NGOs on the other.
4. Judicial Approach to Child Sexual Abuse Within Families
The Independent Thought versus Union of India case and others have
shone a spotlight on the problem of abuse in the family. The Supreme
Court made a landmark intervention to protect children from sexual
exploitation within a family by holding that sexual intercourse with a
minor wife is rape, even within the confines of marriage. The ruling
found that family formations contribute to perpetuation of abuse and
underlined a necessity for making marital rape of minor girls a
punishable offense under the Constitution.
The case also revealed some of the vagueness in the Indian law
pertaining to the age of consent and marriage. Concerns are raised about
the conditions of child brides and about the necessity to amend laws
prohibiting child marriage. Yet, even though this landmark decision was
made, cultural and social notions still continue to impede its
implementation-those same notions that promote child marriage and
sexual exploitation within families.
5. Rehabilitation and Compensation
In all these cases, the issue of rehabilitation and victim compensation has
been a crucial matter, including in K.K. Verma v. Union of India. At this
point, the Supreme Court acknowledged the need to provide
psychological support, medical treatment, and compensation to the
victims of child sexual abuse. This case became significant in ensuring
that children who have been subjected to cruel and inhuman treatment of
any kind were not only given justice but were also healed and
reintegrated into society.
However, there remains a lack of infrastructure for rehabilitation service
delivery across India. Victims of sexual abuse face stigmatization and are
turned away by their own communities, as some community members
believe that acceptance of a rape victim is equal to acceptance of
defilement; this stigma, in turn, hinders their recovery. Thus, in various
states, rehabilitation measures have not yet been fully implemented by
the government despite being mandated under the POCSO Act.
 CHAPTER 05: INTERNATIONAL PROTECTION AGAINST SEXUAL
ABUSE

1. INTERNATIONAL CONVENTIONS ON CHILD SEXUAL ABUSE

Child sexual abuse a regarded by the international community as an
egregious violation of human rights, and therefore there arises the need
to frame national and international legal systems arising from such
considerations. Consequently, various international conventions and
treaties have evolved over the decades to address the issues accelerated
by this heinous crime. Those legal instruments set the standards making
it obligatory on States to take measures preventive and punitive on this
regard and fostering international cooperation.
The United Nations Convention on the Rights of the Child, 1989, is the
primary document in the foundation of child rights. The Convention
delineates civil, political, economic, social, and cultural rights of children
and states under Article 34 that the State Parties shall take all
appropriate measures to protect the child from all forms of sexual
exploitation and sexual abuse. The Convention imposes a duty upon
Governments to prevent the inducement or coercion of a child to engage
in unlawful sexual activity, exploitation in prostitution, or unlawful sexual
practices.
The UNCRC is further supported by several regional laws and treaties.
The Council of Europe Convention for the Protection of Children against
Sexual Exploitation and Sexual Abuse, otherwise known as the Lanzarote
Convention presents a landmark achievement in international law against
child sexual offenses because it requires criminalization of all forms of
sexual abuse against children, including those committed by family
members or caretakers. It imposes on signatories a duty to enact special
laws and establish institutions tasked with pursuing such offenses as
online abuse, child pornography, and child trafficking for sexual
purposes.
Another mechanism of major importance is the Optional Protocol to the
Convention on the Rights of the Child on the Sale of Children, Child
Prostitution and Child Pornography, 2000. While strengthening the
UNCRC, it focuses on these exploitative activities and commits member
States to ensure that these crimes are fully covered under their criminal
law and that perpetrators are sanctioned with the severest penalties.
The ILO Convention No. 182: - The Worst Forms of Child Labor (1999)
also refers to sexual exploitation as one of the worst forms of child
labour, especially when children are used in brothels and pornographic
shows. This only emphasizes the imperative to stop the child abuse of
economic activities that profit out of their vulnerabilities.
At the global level, Interpol, alongside other transnational police
organizations, has relied on these conventions for the establishment of
cooperative extradition, prosecution, and intelligence-sharing
frameworks across borders against crime in sex trafficking and online
child sexual exploitation.
International law enforcement still faces a difficult condition, more so in
cases of weak enforcement of national legislation where it is deeply
embedded in cultural taboos, or simply where lack of awareness passes
for an excuse.
I hereby give an example of the inefficacy of laws in the face of local
customs, as such laws are weakly enforced or are just toys in some
eastern countries under the argument of legal ignorance. Hence, the
effectiveness of the said legal instruments falls largely on the political
will of national government, the participation of civil society, and strong
international cooperation.

2. CONVENTION OF RIGHTS
An instrument dealing with the rights of children and the most
comprehensive and globally accepted is the United Nations Convention
on the Rights of the Child ,1989. It is almost universally feeling that the
term "rights" should stand in for all positive declarations regarding child
protection and welfare.
UNCRC contains 54 articles and two Optional Protocols covering child-
welfare issues. The underlying principals are non-discrimination (Article
2), the best interests of the child (Article 3), the right to life, survival and
development (Article 6), and the right to be heard (Article 12). To
understand and take action on the sexual abuse of children.
Article 19, inter alia, requires state parties to protect children from all
forms of physical or mental violence, injury or abuse, neglect or negligent
treatment, maltreatment or exploitation, including sexual abuse, through
appropriate legislative, administrative, social, and educational measures.
This Article equips states to prepare preventive and rehabilitative
schemes for children who are vulnerable.
Article 34 of the Convention offers direct protection against sexual abuse
and obliges the State Parties to safeguard the child from any form of
sexual exploitation and sexual abuse; this includes using the child in
prostitution or in any unlawful sexual practices or in pornographic
performances and pornographic materials. The Convention also attaches
importance to the rehabilitation and reintegration of child victims. Article
39 states that child victims of exploitation and abuse shall receive
appropriate treatment for recovery, including physical and psychological
treatment and social reintegration; this provision has inspired the
development of several national rehabilitation programs and schemes for
compensation in the member States.
One of the strengths of the term UNCRC has actually been considered its
child-cantered approach, which contrasts with seeing the child as merely
an object of protection and, in other words, as sustaining individual
rights. This conceptual change, therefore, has catalysed legislative and
policy change in many jurisdictions toward domestic laws whose
principles adhere to the Convention.

3. PROTOCOL ON CHILD RIGHTS

The Optional Protocols to the Convention on the Rights of the Child help
to complement and thereby strengthen the UNCRC by providing
protection in certain fields where children suffer maximum infringement
of their rights. There are three main Optional Protocols: to the
involvement of children in armed conflict (2000), to the sale of children,
child prostitution and child pornography (2000), and to communications
(2011).
The Optional Protocol against the Sale of Children, Child Prostitution and
Child Pornography (OPSC) is highly significant in fighting against child
sexual abuse. It requires states to criminalize the acts and to cooperate
internationally in order to combat this evil more effectively. Article 3 of
the Protocol imposes criminalization upon specific acts, including the
offering, delivering, or accepting of a child for the purposes of sexual
exploitation or the production of child pornography.
OPSC further makes it clear that acts of child sexual exploitation,
especially those committed online, are transnational in nature. It urges
countries to adapt their statutory provisions to ensure the prosecution of
offenders from wherever the offense is committed. As a result, this has
encouraged several countries to amend their extradition laws and to
enhance interplay between their legal systems on a cross-border basis.
The Third Optional Protocol to the Convention on the Rights of the Child
on a Communications Procedure permits children and their
representatives to bring complaints of violations of their rights before the
Committee on the Rights of the Child, establishing greater accountability
and providing avenues for redress when domestic remedies are found
lacking.
Binding in nature, yet States can exercise their option not to comply to
varying degrees of effectiveness. States are directed to submit their
reports on implementation, but most do so late or submit inadequate
reports. Thus, civil society and international monitoring bodies have
remained the perfect entities holding States accountable.
Also, the OPSC avails rehabilitation and reparation of the child victims.
States are encouraged to provide the children with access to justice,
psycho-social care, and social reintegration.
Hence, these protocols set in motion important legislative reforms that
have affected the world at large, most significantly developing countries,
which actualize amendments in their child-protection laws with respect
to the protocols in consideration. They build upon data-gathering and
research for both of which are essential for carrying out policy
intervention and measuring progress with efficacy.

4. INTERNATIONAL CHILDREN'S RIGHTS BODIES

There are various international fora and arenas in which child sexual
abuse has been discussed at the broad level through deliberations given
by the bodies such as the United Nations agencies, the International
Court of Justice, and regional human-rights organizations.
Pronouncements of the above nature are used to reinforce upon treaty
obligations, interpret provisions of law, and instruct member states on
the implementation of child-rights protections.
One of the most important cases is the World Congress against the
Sexual Exploitation of Children (1996, 2001, and 2008). Congress hosted
by UNICEF and ECPAT International created declarations and action
plans that call upon states to criminalize child sexual exploitation and to
carry out victim support programs and international cooperation. The
Stockholm Declaration of 1996 called for international collaboration and
cooperation between nations across borders, while the Yokohama Global
Commitment of 2001 and the Rio de Janeiro Declaration of 2008 have
refined and adjusted possible avenues that may address modern
challenges of cyber exploitation.

The UN Human Rights Council (UNHRC) has frequently issued

resolutions and reports that emphasize the obligation of states to prevent
sexual violence against children. In particular, the Special Rapporteur on
the sale and sexual exploitation of children has played a pivotal role in
investigating state compliance, issuing country-specific reports, and
making urgent appeals to governments to close protection gaps.

Another key international pronouncement is the UN General Assembly’s

Resolution 65/197 (2010), which called upon all member states to
criminalize all forms of sexual exploitation and abuse of children. The
resolution also pushed for enhanced judicial mechanisms and urged
states to provide training for law enforcement and child welfare
personnel.
The International Criminal Court (ICC) has also expanded the legal
understanding of crimes involving children. While initially focused on
crimes like genocide and war crimes, landmark decisions such as
Prosecutor v. Thomas Lubanga Dyilo set precedent by acknowledging the
recruitment of child soldiers and sexual slavery as grave violations of
international law.

5. GUIDELINES AND RECOMMENDATIONS

Besides treaties and legal conventions, many international guidelines and
recommendations have been issued by UN agencies, regional bodies, and
child protection organizations to enhance responses to offenses of child
sexual abuse. Even though these instruments are not legally binding,
they do serve as frameworks for devising policies, modifying laws, and
setting out on the road to implement them.
The most comprehensive among all are probably the United Nations
Guidelines on Justice in Matters Involving Child Victims and Witnesses of
Crime. They lay down the principles about how child victims should be
treated in the justice system and accord them dignity, privacy, safety, as
well as participation rights. It calls for child-friendly judicial procedures
avoiding repeated questioning, using video-recorded evidences, and
establishment of support systems in courts.
The WHO Guidelines on Responding to Child Sexual Abuse bring forth
the need for early identification and trauma-informed care and recognize
the role community health workers have in reporting and responding to
child sexual abuse. It also recommends the formation of multidisciplinary
teams that consist of legal, medical, and psychological experts, to provide
a holistic response to each case.
The Luxembourg Guidelines created by the Terminology and Semantics
Interagency Working Group, deal with recommendations about the terms
to be used in child protection policies and documents. The guidelines
discourage the use of expressions such as "child pornography," proposing
the use of expressions such as child sexual abuse material in order to
bring into law the criminal act in question and to avoid trivializing the
act's very existence.
The model of the WePROTECT Global Alliance has been built as an all-
encompassing framework that governments can utilize in addressing
online child sexual exploitation. Some of the areas considered in this
model are law enforcement; victim support; international cooperation;
awareness; and data entry systems.
 CHAPTER -06:DATA ANALYSIS AND OBSERVATION

6.1 NATIONAL DATA AND POSITION

Same-sex marriage legalization threatens to destabilize parental
decisions to a degree where the concept has lost all stability in our
society. The Protection of Children from Sexual Offences Act, 2012
(POCSO Act) stands as the largest legislative achievement to confront
rising sexual offenses against children. Rolled-out statutory procedures
and legal policies in India cannot show the extensive range and intricate
details of child abuse that threaten children's rights to dignity.
India's National Crime Records Bureau (NCRB) serves as the primary
data collection organization within the country holding annual reports
that detail child crime trends. The Crime in India 2022 report shows the
nation registered 1,62,000 crimes against children across the country.
Since 2017 the number of reported cases has risen substantially up to
1,28,531. Either a higher number of actual abuse cases may be
happening now or better awareness about these crimes might be causing
people to report them more often-both situations could be true to some
extent.
The IPPT race became the world's biggest running event as registry
numbers expanded from under 1,500 to an unprecedented 1,62,000
across all Russian capital cities. Statistical data shows adolescent girls
between ages 12 and 16 make up most victims. Infants and toddlers join
adolescent girls as victims in this dataset which demonstrates the tragic
randomness of violent crimes.
Towards the top of disturbing findings in national statistical data stands
the relationship between victims and offenders. More than nine out of ten
child sexual assault cases according to NCRB data reveal that
perpetrators are people within the child's circle of acquaintances who
may be relatives or local neighbors or friends or family members. The
ingrained nature of secret domestic violence which penetrates core
family and social structures rejects both single penal approaches and
integrative solutions which require a multidimensional treatment
strategy.
Uttar Pradesh together with Madhya Pradesh and Maharashtra and Tamil
Nadu consistently maintain high positions when ranking child sexual
abuse incidents throughout India. Statistics show that Uttar Pradesh led
with over 18,000 POCSO Act cases during 2021 and Madhya Pradesh
trailed with about 14,000 such cases. Statistics raise fundamental
questions about institutional breakdowns alongside evaluating the local
police and social service organizations' capabilities.
The conviction rate for cases under the Protection of Children from
Sexual Offences Act rapidly decreased. The current conviction rate
stands at 30-35% below what should rightfully be achieved. Multiple
factors appear responsible for the sad situation regarding POCSO cases.
The process of forensic analysis suffers delays while trials extend too
long leading to insufficient evidence and intimidation of witnesses and
persistent court backlogs among other problems. Scarce convictions with
POCSO cases diminish community trust in legal processes while
simultaneously blocking victims from claiming justice under current
laws.
The Indian judiciary established district-based Special POCSO Courts
through its POCSO directives. The reality shows there are too few
operational courts with insufficient judges needing proper training. The
number of functional Special Courts (671) remained lower than the
needed 900 courts which caused significant court backlog as of 2022.
Statistics released by the NCRB show that ninety percent of cases under
the POCSO Act remain stuck in litigation at different trial stages.
Child sexual abuse reporting illustrates structural inequalities through
the opposing procedures between urban and rural areas. The urban
reporting system stands out since law officers now have access to both
the legal framework and the cities themselves. Due to illiteracy and
poverty along with patriarchal cultural norms and the stigma attached to
these events the recording rate for child abuse remains dangerously low
throughout rural areas where the child population is substantially high.
Locating crimes in certain instances becomes unnecessary as families
decide to stay quiet because of concerns about preserving their social
position or due to pressure exerted by community elders.
The major difficulty arises when parents file baseless POCSO Act reports
against boys who belong to different social groups because they require
the Act as a weapon to bully boys who come from distinct communities.
The legal establishment faces growing difficulties from juvenile sex cases
because its prosecution of consensual teenage relationships diverts
resources from genuine reports of child abuse.

6.1.1 NCRB DATA

The crime reporting unit operating under the Ministry of Home Affairs
maintains and distributes verified crime records via the National Crime
Records Bureau (NCRB). Crime in India reports serve as the official
benchmark information which multiple policy documents research works
and legislative debates prominently reference. NCRB generates source
data about child offenses that breaks down statistics by gender, age,
State, criminal category, and registered statutes including Protection of
Children from Sexual Offences Act, 2012 (POCSO Act).
The National Crime Records Bureau data shows child crime rates
continue to rise yearly during these recent years. According to the Crime
in India 2022 report India recorded 1,62,000 child-related cases
including 56,000 POCSO cases. The total recorded cases of crime against
children increased by 10.7% from 1,46,000 in 2021 to 1,62,000 in 2022
while reporting standards improved.
The present case's characteristics represent its most critical aspect of
interest. Elective sexual offences against children in 95 percent of cases
fit the POCSO's three categories. The POCSO Act orders three sexual
crimes: penetrative sexual assault and sexual assault together with
sexual harassment. The statistics show that 12- to 16-year-old girls
constitute most victims mainly because of familial, cultural factors that
create increased vulnerability. Irrespective of whether people avoid
reporting cases out of shame or because they are unaware male victims
fall under the POCSO Act's jurisdiction, statistics show these crimes
occur less frequently with boys.
According to NCRB reports victims reveal their bond to their
perpetrators during investigative analysis. Research results demonstrate
that the majority of 94.2% persons facing POCSO charges were people
well-known to victims through family ties as well as friends, teachers,
work-related colleagues and nearby neighbours. The statistics
demonstrate a fundamental characteristic of child sexual abuse since
victims most often develop relationships with their abusers rather than
encounter them as strangers. The offender inflicts harm on children
through broken trust from someone who knows the victim or a person
with authoritative control.
The data shows significant cause for concern regarding the prolonged
trial timelines under the POCSO Act. During December 2022 courts were
facing pending POCSO cases that exceeded 90% of all instituted cases
across multiple judicial levels. Despite the one-year timeframe specified
by the POCSO Act for trial completion, such proceedings stretched
between two and five years on average. Long exhausting judicial periods
trigger psychological distress for victims together with weakening the
power of justice delivery. POCSO case conviction rates remain alarmingly
low among other serious concerns. 29.6% in 2022. Data shows that
conviction rates proved lower than acquittal rates within various States
across the Union. Numerous factors contribute to the low conviction
rates which include: A combination of improper investigation and hostile
witnesses and settlements outside the legal process along with judicial
officers' lack of understanding of child abuse and improper handling by
prosecutors explains why convictions remain low in POCSO cases. State-
by-state data reveals sharp inconsistencies regarding child sexual assault
incidents and judicial management practices. POCSO-related cases in
2022 showed that Madhya Pradesh along with Maharashtra and Uttar
Pradesh and Tamil Nadu and West Bengal consistently reported the
highest numbers. The northern state of Madhya Pradesh led India with
7,200 reported POCSO cases that year. Himachal Pradesh and Kerala
achieve higher conviction rates because these states conduct thorough
investigations along with fast-paced judicial proceedings despite having
lower case frequency.
District-level data available through the National Crime Records Bureau
aids authorities in developing area-specific policies for places where
offences against children occur frequently. The districts of Indore (MP)
Lucknow (UP) and Mumbai (MH) frequently appeared at the top of
POCSO case registrations yet this pattern could demonstrate either
superior urban reporting capabilities or extensive child sexual abuse
incidents throughout rural areas which remain drastically underreported
due to silence and social stigmas and insufficient awareness.

6.2 POLICIES AND GUIDELINES

The Indian dedication to child safeguarding expresses itself by using
robust policies and guidelines to protect children from sexual harm. The
policies’ function parallel to the protection system of Protection of
Children from Sexual Offences Act, 2012 (POCSO Act) to deliver total
protection with support and rehabilitation to children. The government,
judiciary together with civil society have implemented diverse plans to
combat child sexual exploitation.
One essential document for understanding child rights is the National
Policy for Children (2013). A child is defined as anyone who has not
reached their 18th birthday while the document lists four core rights
frameworks: survival along with development and protection and
participation. survival, development, protection, and participation. Every
child has the fundamental rights to dignity while receiving security
protection and freedom in a safe environment. All legal administrative
and support systems must consist of procedures that consider children's
unique needs.
The Integrated Child Protection Scheme (ICPS) became operational in
2009 before receiving its new name Mission Vatsalya in 2021. As a
centrally sponsored initiative the scheme provides comprehensive child
protection services which include establishing Child Welfare Committees
(CWCs) and Special Juvenile Police Units (SJPUs) and Juvenile Justice
Boards (JJBs) and shelter homes. The foundational structures for
conducting POCSO cases depend on these institutions. The institutions
and operational frameworks created by these bodies maintain prime
importance at their basic level.
The POCSO Rules now keep pace with case requirements through
procedural protections designed for child victims and witnesses following
the 2019 amendment. All police stations must use a female police officer
who holds at least the rank of sub-inspector to record child complaints
and statements (Rule 4). it also instructs the CWC to ensure that the
child receives immediate psychological support and counselling; By the
same rule the CWC must arrange immediate counselling support for the
child and the DCPU receives all assignments related to child
rehabilitation.
The Model Guidelines serve as a crucial principle under Section 39 of the
POCSO Act because they come from the Ministry of Women and Child
Development. NGOs and state bodies use these benchmarks to deliver
legal assistance and psychological support and medical care and
compensation to victims. The guidelines emphasize creating a roster of
trained support individuals who will stay with the child throughout their
legal procedures.
The second recognition goes to the National Plan of Action for Children
(NPAC) 2016. The protection of children remains the most essential
aspect which requires defined steps to prevent child maltreatment while
fighting trafficking and addressing neglect. Law enforcement capacity
development stands among the vital steps for improvement. A dual
approach includes creating child helplines together with maintaining a
database tracking sex offender.
Many states now provide standardized operational procedures (SOPs) for
criminal investigators to handle child sexual abuse cases. Patrol officers
who receive training through these SOPs gain the necessary skills to
deliver sensitive interviews while maintaining forensic evidence integrity
alongside methods to avoid additional victimization. The Delhi Police
together with Maharashtra Police issued precise guidelines regarding the
approach to address POCSO cases.
The Supreme Court of India has laid down a legislative framework meant
to ensure guidelines for child-friendly courts. The apex court, in
Sampurna Behura v. Union of India, kept a watch on the
operationalization of the ICPS and POCSO and directed the States to
establish exclusive POCSO courts, train judicial officers, ensure
availability of video conferencing, and conduct trials in-camera. These
very directions have since become a blueprint for the entire judicial
infrastructure reforms.
In addition, the Juvenile Justice (Care and Protection of Children) Act of
2015 has a complementary expiration to that law, although it is not the
same. It deals with children who need care and protection and victims of
sexual offences. Children, either in need of care and protection or
bewitched by sexual offenses, are mostly included in the ambit. It
empowers CWCs to monitor the welfare of child victims and to place
them either in child-care institutions (CCI) or with fit persons to ensure
safety and recovery.
Various government campaigns for awareness have been instrumental in
publicizing the victimization of persons against perpetrators and
encouraging reporting beginning with, among others, Beti Bachao Beti
Padhao, Childline 1098, and POCSO e-box.To elaborate, Childline 1098 is
a 24x7 emergency helpline that offers or facilitates rescue, shelter, and
legal assistance to affected children spread all across 600+ districts of
India.
6.3. INTERNATIONAL STATISTICS
The global scene of child sexual abuse and exploitation offers a grim
reality of suffering for millions of children. Child sexual abuse has to be
seen within the context of these international statistics that provide some
understanding of interviews concerning prevalence, severity,
consequences, and policy-construction and interventions worldwide. .
Investigations are undertaken and reported about child abuse by
international organizations such as UNICEF, WHO, and Save the
Children. These statistics declare how widespread the phenomenon is
and help in assessing the degree of departure in the struggle against
child sexual exploitation and abuse.
6.3.1 UNICEF REPORTS
An entity based under the United Nations system, this agency for the
protection of rights and promotion of child welfare is the UNICEF. With
reports and several data-gathering activities, UNICEF provides vital
information on how widespread child abuse really is, especially with
respect to sexual violence against children. They have set a potent
precedent for global politics and children's welfare policies.
The State of the World’s Children Report 2020 was a report published by
UNICEF that declared the greatly concerning prevalence of child sexual
abuse all over the world. It states that about 1 in 10 children around the
world worldwide suffer some form of sexual violence before reaching
adulthood¹. Nonetheless, the number is often considered an
underestimate, considering the number of cases not reported, the stigma
attached to it, and the overwhelming fear of the victims; this has placed
sexual abuse among the most underreported crimes.
UNICEF also noted that while sexual abuse of children occurs in great
numbers, females, in particular, bear most of the burden. It lists places
with higher socio-economic vulnerabilities, such as in conflict zones or
with weak enforcement of legislation, as dangerous places for children,
particularly girls. An issue that becomes marked in venues like refugee
camps, or low-income urban canters.
UNICEF states the rapidly developing issue of online child sexual
exploitation, its spread common with digital technology Included among
the atrocities committed online are the rather more disturbing ones of
cyber-grooming; sexual exploitation in online games; and the most
heinous, distribution of child sexual abuse material (CSAM). According to
the 2020 report by UNICEF, the pandemic only made matters worse
because now children spend more time online following school closures
and social distancing measures. Because of this digital connectivity, there
is a higher chance of encountering a predator, which surely has
transformed the internet into a dangerous place for vulnerable children.
In addition to the magnitude of the problem, UNICEF reports bring to
attention the lack of child support systems for child victims of sexual
abuse. Studies indicate that three-quarters of the children who suffer
sexual violence never seek help because of factors such as shame,
stigma, lack of trust for authorities, and information on what support
services are available. To this end, UNICEF calls for the establishment of
safe spaces for children to report abuse where they will feel safe, secure,
and comfortable enough to bring forth their traumatic experiences.
6.4. WHO GUIDELINES
The World Health Organization is the development of the international
impulse and response to the child sexual abuse and its truly public health
consequences. WHO guidelines expand on the prevention, management,
and response to violence against children, including sexual violence,
asserting major health effects on the survivors. Being recognized as the
world's health authority, the WHO recommendations prove to be crucial
as they guide policies and practices within healthcare departments and
law enforcement agencies throughout the world.
According to the WHO 2016 World report on violence and health, 18% of
girls and 7% of boys worldwide do experience some form of sexual
violence before reaching adulthood¹. These figures stress the parity issue
in the widespread nature of sexual violence and disproportionate
creation of victims amongst girls. The report also indicates that these
figures are likely to be an underestimate due to underreporting-where
fear, shame, and absence of appropriate mechanisms prevent children
from reporting sexual abuse.
The guidelines from the WHO emphasize the long-term effects of child
sexual abuse: it is often accompanied by chronic health challenges in
survivors. Such sustained health difficulties include disorders in mental
health, such as depression, anxiety, and post-traumatic stress disorder
(PTSD); alcohol and drug abuse. Some reproductive health-related
problems of which survivors are also at increased risk are unintended
pregnancies and sexually transmitted infections (STIs)². From another
perspective, children subjected to sexual abuse income in difficulties in
forming healthy relationships and in their social and emotional
development.
The WHO's guidelines recommend that performers of sexual violence
survivors be treated comprehensively; immediate medical care;
psychological support; and legal help must be included. These services
should be integrated within health-care settings so that health personnel
are trained to observe signs of abuse and provide care accordingly. The
WHO further stresses the need to keep information confidential and
establish child-friendly interviews for dealing with victims, which should
make them feel safe.
The WHO guidelines, apart from victim support services, also aim at the
prevention of child sexual abuse. Having its bearing upon primary
prevention programs, WHO supports those programs that seek to change
societal attitudes toward violence and develop healthy relationships. In
attempting to halt violence, the programs must pinpoint the root sources
of violence which are gender inequality, poverty, and social norms that
condone violence. Hours of education for children and parents and the
community at large are considered necessary for raising awareness
about signs of abuse, the importance of consent, and ways for children to
be safeguarded against exploitation.
The WHO Global Strategy for Women’s, Children’s, and Adolescents'
Health (2016-2030) also specifies the agency’s commitment toward the
prevention of child sexual abuse. From such a perspective, the strategy
emphasizes the synergy of various sectors such as health, law
enforcement, education, and social services in protecting children from
any form of abuse and further in supporting the healing processes of
survivors. WHO supported nations to build stronger legal systems to
implement the laws for sexual violence and to set up child protection
systems that are responsive and accessible.
6.5 ANALYSIS AND FINDINGS
Child sexual abuse data and reports provide significant findings for the
current status of child protection, especially concerning the
implementation of the POCSO Act, 2012. Being aware of national and
international data, policies, and guidelines indicates that while some
things have progressed, a lot remains to be done in enforcement, support
for victims, and preventive measures.
1. Prevalence and Reporting Gaps
An interesting finding by the NCRB and UNICEF is the contradiction
between the reported cases and the actual prevalence of child sexual
abuse. Both sources indicate that majority of cases go unreported for a
variety of reasons-range from fear of retaliation, social stigma to lack of
awareness about legal remedies available. NCRB data show that more
and more cases have been reported from time to time. However, the
actual victims can outnumber the reported cases. Kids in places that are
rural or marginalized tend not to have the ability or support required to
report abuse.
2. Gender Disparities:
On the whole, girls continue to perpetrate and disproportionately fall
victim to sexual violence, concurring with global trends previously
highlighted by UNICEF and WHO. This is the critical situation in which
girls confront abuse; they also suffer the wider gendered impacts-two of
these are early sexualization, victim-blaming, and the normalization of
violence against women in some societies. Though boys may also face
sexual abuse, the stereotypes imposed on them generally lead to stigma
and social exclusion and prevent them from seeking help through formal
channels.
3. Inadequate Victim Support Services:
One of the core recommendations from UNICEF reports and WHO
guidelines is the inaccessibility of support systems for survivors of sexual
abuse. The existence of legal provisions, such as the POCSO Act, does
little to facilitate shelter for children whose traumatization makes them
seek justice, given the complexities of seeking justice and child-sensitive
services. Secondary victimization of the victims in judicial proceedings
further discourages the victims from coming forward. A need for mental
health support and rehabilitative services in the long run for some
victims still exists.
4. Role of Technology and Online Abuse
With the entry of digital technology, the second alarming trend that was
brought to light in the analysis is the increasing possibility of online child
sexual abuse. Ideally, both WHO and UNICEF manifest their
identification of the internet as a grand avenue of exploitation that
predators are using to groom and exploit the younger generation.
COVID-19 has worsened the situation as more children study and
socialize online. The POCSO Act, though relevant to cybercrimes,
requires much more stringent laws and coordination between national
and international law enforcement agencies to deal efficiently with online
abuse. Rapid development in technology furthermore makes difficult to
track newer forms of exploitation like cyber-grooming and transmission
of CSAM.
5. Gaps in Policy Implementation
The analysis reveals, in turn, that although various policies and
guidelines including those mentioned by WHO and UNICEF offer a sturdy
framework toward combating child sexual abuse, implementation
remains patchy. In numerous countries, those child protection systems
are only in incipient phases in the low- and conflict-plagued settings and
are poorly integrated between the various stakeholders like law
enforcement, social services, and educational institutions. Further, child
protection activities must embrace the community more. In many
communities, there is less awareness about existent laws and protections
limiting the
6. Recommendations for Policy and Practice
Based on the findings, certain recommendations can be given in order to
address child sexual abuse more effectively. These are:
- Boosting mechanisms to report offenses: Has to be established more
child-friendly systems of reporting abuse, both online and offline, so as to
induce more reporting and lessen secondary victimization.
- -Improving the access of victim support services: Survivors of sexual
violence should be accorded mental health services and legal aid- the
draw being that these services should be made further available to rural
and marginalized communities.
-Enhancing training and awareness: All persons dealing with children in
whatever capacity must undergo training on the recognition and
handling of child sexual abuse; those persons should include teachers,
social workers, and medical persons.
-Community-based interventions: Local practitioners should be engaged
in the prevention of child sexual abuse with the assurance that there will
be educational programs and preventive resources for children and their
families.
- Responding to the digital threat: Establishing national and international
cooperation and technological solutions interfacing with policy issues for
the detection of online child abuse.
CHAPTER- 07: CONCLUSION SUGGESTIONS AND
RECOMMENDATIONS

7.1 CONCLUSION AND REMARKS

Having discussed the issue, one thing can be established-the crime of
child sexual abuse cannot be viewed from a single dimension for it is far
too grievous. The truth is hidden and, sadly, oftentimes neglected; so,
many cases go unnoticed and unreported due to the innocence of the
minors, the stigma surrounding the offense, and the blatant disinterest
displayed by the very law enforcement agencies that should uphold the
law. Sexual violence against children is basically an act of terrorism
upon members of our society who need security. It is the responsibility of
us all to make the childhood of each child very secure and joyful. These
crimes are some of the most heinous offenses that can ever be imagined
simply because they violate the basic trust children place in adults.
This being so, children require the protection of responsible adults to
prevent such acts of violence against them; unfortunately, the actual
response by adults is inadequate most of the time. And with such
concealed and silenced incidents, obtaining verified statistics becomes
next to impossible. These abuses are realities that remain present in the
world, cloaked in darkness, with most cases left unreported mainly due
to the victim's idiom sundered existence, the corridor of shame torn
doing the crime, and the callousness of those empowered to investigate
or prosecute the offense. Family members, police, courts, and welfare
and medical personnel, among other influential voices in the community,
would rather see the cases handled informally and quietly than properly
addressed; this only works in perpetuating the problem.
More commonly, the gravity of these crimes is disguised by pushing them
under the rug in the process of denying justice and accountability for the
institutions supposedly constructed to protect children. It goes without
saying that mere acknowledgment or advertising of such disappearances
will not solve the issue.
If one scrutinizes Indian criminal law, judicial decisions, and public socio-
legal problems, the conclusion emerges that, in many aspects, the legal
system is marred by loopholes. Therefore, the researcher calls for further
reforms in the procedure and stringent enforcement thereof in the
interest of child victims. We require a mechanism to check legislation.
Only then could these laws be implemented by a few politicians and
bureaucrats who're unaccountable for their incentives and some
beneficial purpose. Implementation is where the rubber meets the road
in respect to any law. Equally important is for the government to ensure
that all legal requirements are met, followed by the inculcation of key
stakeholders of the child rights conception, for the law to be successful.
An important role that society plays in the enforcement of these laws is
that it acts as a back-up mechanism. As soon as the public has knowledge
of and respects these laws, it serves as a deterrent to persons from
engaging against them. Hence, we should focus our energies toward
improving policing, ensuring accountability, enhancing prevention, and
pursuing prosecution in the shortest possible time, in order to provide a
safe environment for children. All stakeholders have to work together for
this achievement.
Finally, establishing an environment that nurtures trust and
confidentiality and is open for discussion on sexual matters shall play a
critical role in child sexual abuse prevention. It is incumbent upon all of
us to begin fighting child sexual abuse, paving the way for crime-free
society and nurturing its future leaders, the children of tomorrow.
7.2 SUGGESTIVE MEASURES TO CURB CHILD SEXUAL ABUSE
The Indian criminal justice system fails to remove its fundamental bias
against social discrimination which causes multiple problems for child
sexual abuse survivors.
The horrific event transforms into an unhealable open wound: From that
single day on all individuals affected start to believe that pain could
persist forever. Post-trauma problems stem from people failing to fulfil
basic needs while extreme cases involve complete rejection of the
victims' harm status. The primary challenge exists because child victims
along with their families lack knowledge about legal protections for
sexual offenses targeting children. The discovery demands the immediate
creation of an extensive support framework beginning at the very start. A
support person under the law takes responsibility for the child's safety
throughout investigations and trials while securing confidentiality about
child-related details from which they acquire knowledge. Protecting the
child from additional harm while safeguarding their safety is what this
supportive measure accomplishes.
The POCSO Act contains enough protective measures which safeguard
both victims' rights and their best interests. The law demands
implementation above all else rather than modifying its current
provisions. Reported cases under the POCSO Act indicate improving
awareness since the law provides an avenue for victims to report sexual
abuse against children. New-age disruptions emerge as child
pornography and cyber bullying along with sexting require modern legal
solutions for this digital era. Every agency including police and
magistrates and CWCs and DCPU and prosecutors and JJBs and Special
Courts and support persons and DLSA with the media and others must
implement the POCSO Act provisions exactly as written and fulfilling its
intended purpose. Through its highlighting function media can emerge as
a power force that exposes sensitive child sexual offense matters while
pressuring stakeholders to respond.
The government must allow private attorneys to provide assistance both
to the prosecution during its cases and to Special Court proceedings.
Only matters under the provisions of the POCSO Act should be handled
by Special Courts. Judicial transformation remains challenging while the
heavy workload continues to strain Sessions Courts. The child's distress
could be lowered by using statements from Section 164 Cr.P.C. as the
main admission.
For supervision activities to occur both budget utilization for child
protection and actual capacity-building programs' implementation must
have established monitoring indicators in 2010 and now.
The Federal legislature should create a legal exemption for protected
sexual activities between children aged 16 through 18 years. Normal
biological/sexual behaviours of children should never trigger
criminalization because this practice amounts to illicit love regulation
that requires alternative management. Governing bodies need to
establish new laws which address these situations.
The distinction between domestic violence and sexual abuse must be
properly identified while simultaneously educating people about this
difference. The relationship between domestic violence and sexual abuse
needs complete recognition.
Building research culture stands as the most essential prerequisite for
understanding criminal behaviour patterns. Research needs to develop
both patterns and motivations that explain the commission of such
crimes. Training of investigators requires training elements which
include criminology as well as victimology and behavioural science
elements. Public institutions need to create a research culture along with
databases that track investigators' experiences throughout their work.
Israel can establish a pattern profile system through its Violent Criminal
Apprehension Program (VICAP) model similar to the United States.
Assessment must determine which prevention methods will effectively
work at the same time.
Authorities must choose rehabilitation rather than direct-condemnation
of those who break the law. There should be counselling services
available to offenders. Their justice focus should revolve around
rehabilitation rather than punishment.

Recommendations for Bringing Amendment in law

This statement stems from an evaluation of the POCSO Act's
ineffectiveness at decreasing child abuse incidents. For protecting
children's interests’ recommendations are proposed through legal
amendments together with executive actions and alternative measures.
People are deeply preoccupied with changing our existing laws. The
combination of executive inaction alongside non-awareness efficiently
worsens existing system breakdowns. Better must prevail along with the
true interpretation of the ideas established by the POCSO Act founders.
In order to stop child sexual abuse there is an immediate need for better
law enforcement agencies with full accountability and established
prevention practices along with speedy legal prosecution. Fighting for
that goal requires widespread participation because youthful leaders of
tomorrow will create the future of society.
A significant number of High Courts during the past decade generously
interpreted section 53(2) Cr.P.C to enforce mandatory female doctor
examinations for sexual violence victims whenever feasible. The recent
modifications in this procedure have led to various operational
difficulties. During the 2005 Criminal Law Amendment the Legislature
sought to counter the requirement of female doctors for victim
examinations by enabling victims to choose their own examining
physician under section 164A Cr.P.C. Section 27 of the current POCSO
Act brings back the requirement of examining girl-children only through
female doctors.
Investigative authorities should no longer conduct age estimations when
documentary evidence proves a person's age. medical age estimation
falls as a requirement to doctors because of Sections 164A Cr.P.C. and
15(5A) of the ITPA, 1956. The Supreme Court handed down its ruling in
Ashwani Kumar Saxena v. State of M.P. DNA identified cases of document
fabrication require Courts and JJBs and CWCs to seek age determination
assessments through medical reports
Built-in judicial accountability should require an examination to verify
that judges adhere to established protocols in managing justice systems.
Special judges specializing in conducting trials alongside dedicated
public prosecutors handle all cases related to the Protection of Children
from Sexual Offences (POCSO). An audio-visual system should record
children's initial statements to eliminate repeated courtroom
appearances which lowers their distress and enhances conviction rates
by producing contradictory testimony. Protracted court proceedings
strain a child's ability to maintain their memory functions. A dispute in
statements about a single issue strengthens the defense's position.

Intervention programs should start supporting victims during early

stages of their cases rather than later in case progress. The analysis
focuses on the victim's perspective instead of analyzing from the criminal
perspective.
All evidence collection processes must follow established proper
procedures. The authorities must develop framework guidelines together
with concrete time limits which set rules for abuse case resolution.
Medical procedures neglect the child's perspective during their care.
Doctorly conduct toward both victims and their parents shows
pessimistic behavior. After abuse reports, parents should be permitted to
select medicolegal investigation facilities from an identified list of private
medical hospitals based on their economic capacity to do so. The training
of government hospitals to manage victims and parents with proper
sensitivity remains essential simultaneously.
According to the POCSO Act police must conduct statement recordings
while in plain clothes yet sometimes they arrive in uniforms to speak with
children in their homes. Police employees deliver discouraging
communication to impoverished parents along with inadequate
information regarding judicial processes and hearings. Reducing
children's suffering from these cruel crimes will become possible through
improved statement recording procedures combined with required
training for police forces about POCSO practices.
A system needs implementation to evaluate compensation amounts
provided by the POCSO Act.
Analysis must detect how often POCSO cases function as tools for
targeting cross-cultural and intercaste romance relationships.
Six fundamental areas should serve as the foundation to develop the
nationwide National Plan. The initiative incorporates research efforts
with educational programs and training programs while building law and
policy frameworks alongside delivering services.

OTHER MEASURES:
Education functions as an essential method to prevent child sexual abuse
incidents from occurring. A vital concept requires family and community
education to stop child sexual abuse incidents. People responsible for
child protection need to maintain full awareness of their rights as well as
the requirements to protect children who face disadvantages. Many
families lack understanding about parental responsibilities alongside
child responsibilities because of education illiteracy combined with
insufficient resources. These communities would have exercised better
child rights protection if they acquired sufficient sensitivity to those
rights.
Collaborating for Child Well-being: Children's collective welfare
requires joint action by governmental bodies and law enforcement
agencies along with educational establishments and parents alongside
community members. Children need education together with healthcare
and safety coverage to achieve equal opportunities for growth. These
benefits appear possible only through collaborative action.
Awareness for Breaking the Silence: The society must raise its
awareness about child sexual abuse to break down existing silence
around this issue. Societal engagement with child abuse requires formal
education campaigns as the first priority for changing public attitudes.
Despite passing laws the government faces implementation challenges
because the public mindsets require transformation. Through programs
and laws, the government educates people about their rights and
government assistance schemes while maximizing the allocation of child
protection funds.
The application of laws must remain steady while agents responsible for
enforcing these laws demonstrate consistent discipline. These laws
require strict enforcement to protect children correctly. The execution of
laws in India faces major obstacles because legal offenders often receive
protection from punishment. The implementation of stringent laws by the
government faces strong resistance from both practical enforcement
measures and their operational application in real child rights contexts.
The protection of children falls to both their parents and their teachers.
Children receive protection from sexual exploitation and abuse through
their parents and teachers. Parents need to create an environment of
healthy thoughts and actions to foster a child's growth into a mature and
emotionally complete individual. School-age children require education in
morality to transform them into ethical responsible individuals. Teachers
together with parents work to create environments that ensure children's
health and safety throughout their developmental years.
• Awareness workshops: Through the program 'Good Touch Bad Touch'
children will master essential knowledge about sexual abuse together
with predator recognition accompanied by parental trust when abuse
actually happens.
Media plays an essential role in teaching society about these matters.
Through its coverage and publicity, the media must inform society about
laws protecting children while spreading awareness about child abuse
and sexual offenses including the POCSO Act which empowers public
knowledge. Under the POCSO Act the media must protect children's
privacy by seeking court authorization before revealing their identity.
Several Organizations Must Collaborate to Protect Children Each Year.
Children require total community commitment to achieve well-being
safety and growth opportunities. Joint efforts by law enforcement
agencies together with the government and education providers and
parents and community members must unite to extend quality education
along with safety and healthcare and social prospects for children to
achieve fulfilment.
 BIBLIOGRAPHY

A. PRIMARY SOURCES
1. Statute
o The Protection of Children from Sexual Offences Act, 2012
(POCSO Act)
o Indian Penal Code, 1860 (as amended)
o The Juvenile Justice (Care and Protection of Children) Act,
2015
o Constitution of India (Relevant Articles: 14, 15, 21, 21A, 23,
24, 39, 45, and 47).

2. Commission Report

o Law Commission of India, 172nd Report on Review of Rape

Laws, 2000
o National Human Rights Commission (NHRC) Child Rights
Report
o National Commission for Protection of Child Rights (NCPCR)
Annual Report.

3. Expect Committees Report

o Justice Verma Committee Report, 2013

o Parliamentary Standing Committee on Human Resource
Development Report on Child Abuse
o Ministry of Women and Child Development (MWCD)
Guidelines on Child Protection

B. SECONDARY SOUCES

1. Books

1. Ved Kumari – The Juvenile Justice System in India

2. Mamta Rao – Law Relating to Women and Children
3. P.S. Jaswal & Nishtha Jaswal – Human Rights and the Law
4. Asha Bajpai – Child Rights in India: Law, Policy, and Practice
5. N.V. Paranjape – Criminology, Penology with Victimology
6. Dr. S.R. Myneni – Child and the Law
7. Gaur K.D. – Textbook on Indian Penal Code
8. Neera Burra – Born Unfree: Child Labour and the State in India
9. Shireen Jejeebhoy – Sex Without Consent
10. S.K. Kapoor – International Law and Human Rights

2. Journal
1. Indian Journal of Criminology
2. Journal of Indian Law Institute
3. Child Abuse & Neglect – The International Journal
4. Economic and Political Weekly (EPW)
5. Indian Bar Review
6. International Journal of Children’s Rights
7. Law and Society Review
8. Asia-Pacific Journal on Human Rights and the Law
9. Journal of South Asian Human Rights
10. NUJS Law Review

3. Articles

1. “The Role of Judiciary in Child Protection” – Bar and Bench

2. “Understanding the POCSO Act” – Live Law
3. “Hidden Crisis: Child Sexual Abuse in India” – The Wire
4. “Policy Gaps in Child Protection Laws” – India Together
5. “Implementation Challenges of POCSO” – Legal Service India
6. “Safeguarding Childhood” – India Legal
7. “Sexual Offences Against Children” – Mondaq
8. “Analysis of POCSO Case Trends” – SCC Blog
9. “POCSO Act & Judicial Interpretation” – Manupatra
10. “Justice for Children: India’s Legal Path” – Legal Era

4. Magazines

1. Frontline – Special Issue on Child Abuse

2. India Today – Reports on Crimes Against Children
3. Outlook – Juvenile Justice System Critique
4. The Week – Survivor Testimonies
5. Down To Earth – Social Welfare for Children
6. Femina – Child Protection Focus
7. Civil Society – NGO Interventions
8. Reader’s Digest India – Awareness Stories
9. Sahara Time – Rural Child Rights Analysis
10. Tehelka – Investigative Coverage on Child Exploitation

5. Newspapers

1. The Hindu – Editorials on Child Rights

2. Indian Express – Reports on Implementation of POCSO
3. The Times of India – Statistical Data on Child Abuse
4. Hindustan Times – State-level Coverage
5. Mint – Legislative Reform Analysis
6. The Telegraph – Court Verdicts on POCSO Cases
7. Dainik Bhaskar – Regional Child Abuse Reports
8. Navbharat Times – Hindi Language Child Rights Issues
9. Amar Ujala – Victim Testimonies
10. The Pioneer – Parliamentary Debates Coverage

6. Google

1. WEBLIOGRAPHY

1. Ministry of Women and Child Development – https://wcd.nic.in

2. National Crime Records Bureau – https://ncrb.gov.in
3. NCPCR – https://ncpcr.gov.in
4. Childline India – https://www.childlineindia.org.in
5. Supreme Court of India – https://main.sci.gov.in
6. PRS Legislative Research – https://prsindia.org

ANNEXURES

ROHIT RAJ

In Partial Fulfilment of The Requirements for The Award Of BA.LL. B (2020)

SCHOOL OF LAW,
PRESIDENCY UNIVERSITY, YELAHANKA,
ITGALPURA BANGALORE-560054

(2020-2025)