BEYOND PROTECTION: REASSESSING THE EFFECTIVENESS OF POCSO IN INDIA
Dr. Priyadarshini Samantray, Assistant Professor at Dhenkanal Law College, Dhenkanal, Odisha (India)
Enacted in 2012, India’s Protection of Children from Sexual Offences Act (POCSO) constitutes the country’s principal legislative response to child sexual abuse. This article examines the central research question of whether POCSO has effectively achieved its protective objectives after more than a decade of implementation, and to what extent its effectiveness should be assessed through broader indicators than conviction rates alone. The study adopts a doctrinal and comparative methodology, analysing the statutory framework, key decisions of the Supreme Court of India, and empirical data published by the National Crime Records Bureau. Comparative references are drawn from international child-protection standards under the United Nations Convention on the Rights of the Child and related institutional practices. The article addresses three principal objectives: evaluating the adequacy of POCSO’s legislative design, identifying procedural and institutional barriers affecting implementation, and assessing whether existing enforcement mechanisms adequately protect child victims. The analysis demonstrates that although POCSO introduced gender-neutral offence definitions, Special Courts, mandatory reporting, and child-sensitive procedures, its effectiveness remains constrained by judicial delays, infrastructural deficiencies, inconsistent victim support, conceptual ambiguities, and persistent under-reporting. The article argues that effectiveness must be measured through deterrence, victim welfare, trauma-informed adjudication, and rehabilitation outcomes. It proposes targeted reforms, including legislative clarification, expansion of Special Court infrastructure, improved inter-agency coordination, technological integration, and dedicated budgetary support to strengthen India’s child protection framework.
| 📄 Type | 🔍 Information |
|---|---|
| Research Paper | LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 2, Page 513–528. |
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