COMPARATIVE STUDY OF SEXUAL OFFENCE WITH CHILDREN

The Protection of Children from Sexual Offences (POCSO) Act, 2012, is a significant legislative milestone in India aimed at addressing the menace of child sexual abuse. This act provides a robust legal framework for the protection of children from offenses of sexual assault, sexual harassment, and pornography while safeguarding the interests of the child at every stage of the judicial process. Before the enactment of POCSO, India lacked a comprehensive law addressing child sexual abuse, relying instead on sections of the Indian Penal Code (IPC), which were insufficient and ambiguous in providing specific protection to children.^[1]

Legislative discussions leading to the POCSO Act emphasised the necessity for a specialised law, acknowledging that children are highly vulnerable and need specific protection. Debates in the Indian Parliament highlighted disturbing statistics and cases of child sexual abuse, underscoring the urgent need for a law that not only penalizes the perpetrators but also ensures child-friendly procedures for reporting, recording evidence, investigation, and speedy trial.^[2] Since its inception, POCSO has undergone various amendments to enhance its effectiveness. Notably, in 2019, the act was amended to include more stringent punishments, including the death penalty for aggravated penetrative sexual assault^[3]. These amendments reflect the evolving understanding and seriousness of child sexual offences in India.

Comparatively, the legal frameworks in Bangladesh and Pakistan for addressing child sexual abuse share similarities and differences with India’s POCSO Act. Bangladesh, under the Women and Children Repression Prevention Act, 2000, and its amendments, provides stringent measures against child sexual abuse but lacks a dedicated, comprehensive framework like POCSO^[4]. The laws in Bangladesh are often criticised for their implementation gaps and inadequate child-friendly procedures^[5]. Pakistan’s legal approach includes the Zainab Alert, Response and Recovery Act, 2020, and sections of the Pakistan Penal Code, which provide for severe penalties against child sexual abuse.^[6] However, similar to Bangladesh, Pakistan faces significant challenges in enforcement and procedural sensitivity towards child victims^[7].

While India’s POCSO Act stands out for its comprehensive and detailed approach to child sexual abuse, including specific provisions for child-friendly procedures and stringent penalties, both Bangladesh and Pakistan have made legislative strides but continue to grapple with enforcement and procedural issues. Comparative analysis reveals that while the intent to protect children from sexual offences is evident across these nations, effective implementation remains a common challenge. It reflects the need for better implementation procedures and awareness regarding the law. Further India and Bangladesh have specific laws to deal with sexual abuse of children while in Pakistan such matters are dealt by various criminal legislations. The statistics of child abuse cases in Pakistan show the need of dedicated laws to deal with these issues.