Juvenile Justice and Protection of Children from Sexual Offences Act (POCSO) 2012: A Socio-Legal Analysis of Existing Law and Practices

Juvenile Justice and Protection of Children from Sexual Offences Act (POCSO) 2012: A Socio-Legal Analysis of Existing Law and Practices

Authors

  • Chirag Harishbhai Chauhan

Keywords:

Juvenile Justice, Protection of Children from Sexual Offences Act (POCSO) 2012, Socio-Legal Analysis, Existing Law, Practices, Child Protection, Sexual Offences

Abstract

Children are especially vulnerable to abuse, most often sexual exploitation, which prevents them from spending time playing outside or in school. Children are abused instead of having fun at school and outside. People face discrimination regarding resources to meet their fundamental requirements and the chance to express their opinions and have them fairly considered. Therefore, prejudice against people also affects their opportunities and means of meeting their basic needs. The criminal views sexual exploitation and abuse as the worst crime since it harms victims' mental and physical well-being. Criminal laws shield kids because of the offense's nature and susceptibility. The Protection of Children from Sexual Offenses (POCSO) Act, 20124, was enacted in response to the rise in child sexual crime to safeguard the development and health of children. This law became operative on December 1, 20124. Children are more likely to commit this form of crime because they do not have the mental capacity to understand the seriousness of their situation. Their danger of being a victim rises as a result.

The tragedy will have a lasting impact on the bodies and minds of the helpless youngsters, and all they can do is endure the pain. The POCSO Act, which superseded the Juvenile Justice Act of 2003, is the subject of this essay. The Juvenile Justice Act 2003 was repealed and replaced with the POCSO Act. This research will examine the constitutional provision and UN Convention that served as the foundation for this statute. Through the use of many case studies, the scope and limitations of this Act will be addressed. Doctors, law enforcement, courts, and human rights activists must protect children. The student must reconsider their assignments given today's societal climate.

Downloads

Download data is not yet available.

References

Bhaskar, N. (2020). Objectives and Applicability of the POCSO Act, 2012 Explained Through Cases. SSRN Electronic Journal. https://doi.org/10.2139/ssrn.3826187

Mohanty, H., & Banerjee, D. (2021). An Analysis of Protection of Children from Sexual Offences Act, 2012 (POCSO ACT). SSRN Electronic Journal. https://doi.org/10.2139/ssrn.3768096

K M, K., Latif, A., & Gowda, Y. (2023, March 11). Knowledge Regarding Protection of Children from Sexual Offence Act (POCSO-ACT): Significance in Nursing Education, Literature Review. International Journal of Health Sciences and Research, 13(2), 178–191. https://doi.org/10.52403/ijhsr.20230226

Jaspreet Kaur, & Dr Ramesh Kumar. (2022, September 20). Child Sexual Abuse in India under POCSO Act, 2012: A Critical Analysis. Legal Research Development, 7(I), 10–13. https://doi.org/10.53724/lrd/v7n1.05

Webster, N. (1996). Legal Eye: Scrap the Sexual Offences Act. Agenda, 28, 66. https://doi.org/10.2307/4065759

Acharya, P., & Acharya, B. (2020). An Analysis of Protection of Children From Sexual Offences Act, 2012. SSRN Electronic Journal. https://doi.org/10.2139/ssrn.3733263

Sharma, G., Kumar, S., & Banga, H. (2022, July 4). Protection of children from sexual offenses with special reference to POSCO Act, 2012. International Journal of Health Sciences, 6706–6713. https://doi.org/10.53730/ijhs.v6ns4.10317

Juyal, D., Setia, A., Sayana, A., Kumar, A., Rathaur, V., & Dhawan, B. (2017). Lack of special courts under the Protection of Children from sexual offenses Act A structural deficit. Journal of Family Medicine and Primary Care, 6(4), 881. https://doi.org/10.4103/jfmpc.jfmpc_241_17

Shaikh, A. (2020). Critical Analysis of the Protection of Children From the Sexual Offences Act, 2012 Regarding the Age of Consent for Sexual Relations. SSRN Electronic Journal. https://doi.org/10.2139/ssrn.3557238

Pratap, D. J., & Shitalabaksha, S. V. (2022, September 1). ROLE OF IMPLEMENTING AUTHORITIES UNDER THE POCSO ACT IN INDIA. SCHOLARLY RESEARCH JOURNAL FOR INTERDISCIPLINARY STUDIES, 10(72). https://doi.org/10.21922/srjis.v10i72.11625

Additional Files

Published

10-06-2023

How to Cite

Chirag Harishbhai Chauhan. (2023). Juvenile Justice and Protection of Children from Sexual Offences Act (POCSO) 2012: A Socio-Legal Analysis of Existing Law and Practices. Vidhyayana - An International Multidisciplinary Peer-Reviewed E-Journal - ISSN 2454-8596, 8(6). Retrieved from https://vidhyayanaejournal.org/journal/article/view/922
Loading...