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Issues and Challenges under POCSO Act, 2013
The Protection of Children from Sexual Offences (POCSO) Act, 2013 is an important legislation that provides for the protection of children from sexual offences, and sets out the procedure for the investigation, trial, and punishment of those accused of such offences. The Act is applicable to all those below the age of 18 years and applies to all states and union territories of India. The aim of this act is to protect children from sexual abuse and exploitation, and to provide for the speedy trial of such offences. Despite its importance, the Protection of Children from Sexual Offences (POCSO) Act, 2013 has been subject to several issues and challenges. This article will take a closer look at some of the major issues and challenges posed by the POCSO Act, 2013. One of the major issues and challenges posed by the POCSO Act, 2013 is its inadequate implementation. Despite its enactment in 2013, the Act has not been fully implemented across the country. This is due to the fact that many states are yet to set up POCSO courts, which are mandated under the Act. In addition, many of the states that have set up POCSO courts have failed to ensure their effective functioning. This has resulted in many cases of sexual offences against children going unreported, and offenders going unpunished. Another major issue and challenge posed by the POCSO Act, 2013 is the lack of awareness amongst the general public. Most people are unaware of the provisions of the Act, and as a result, they are unable to report cases of sexual offences against children. This is further compounded by the lack of proper sensitization of the police, who are often reluctant to register complaints under the Act. The issue of delay in the investigation and trial of cases under the POCSO Act, 2013 is also a major challenge. This is due to the fact that the Act provides for a speedy trial of cases, however, in practice, the process is often delayed due to various factors such as the insufficient number of judges and prosecutors, and the lack of proper training and sensitization of the judicial system. The issue of victim protection is also a major challenge posed by the POCSO Act, 2013. Despite the provisions of the Act, which provide for various measures for the protection of victims, in practice, these measures are often not implemented. This is due to the lack of proper sensitization amongst the police, the judiciary, and other stakeholders involved in the trial process. The issue of inadequate compensation is also a major challenge faced by the POCSO Act, 2013. The Act provides for the payment of compensation to victims of sexual offences, however, in practice, the amount of compensation is often inadequate. This is due to the fact that the amount of compensation prescribed under the Act is not enough to cover the medical, psychological, and legal expenses incurred by victims. Finally, the issue of gender bias is another major challenge posed by the POCSO Act, 2013. Despite the Act being gender-neutral, in practice, female victims of sexual offences are often not given the same level of protection as male victims, and are often subjected to gender-based discrimination. In conclusion, the Protection of Children from Sexual Offences (POCSO) Act, 2013 is an important piece of legislation that provides for the protection of children from sexual offences. However, the Act is subject to several issues and challenges, including inadequate implementation, lack of awareness, delay in investigation and trial, inadequate victim protection, inadequate compensation, and gender bias. In order to ensure the effective implementation of the POCSO Act, 2013, it is essential that all stakeholders involved in the process work together to address these issues and challenges.
Sophie Asveld
February 14, 2019
Email is a crucial channel in any marketing mix, and never has this been truer than for today’s entrepreneur. Curious what to say.
Sophie Asveld
February 14, 2019
Email is a crucial channel in any marketing mix, and never has this been truer than for today’s entrepreneur. Curious what to say.