THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012: STRONG PROVISIONS, WEAK IMPLEMENTATION?

Abstract

In order to handle the obnoxious crimes of sexual nature against children through strict legal provisions, the Ministry of women and child development promoted the Introduction of the Protection of Children from Sexual Offences Act, 2012. “The act defines a child as any person below the age of 18 years and regards the best interests and welfare of the child as being of paramount importance at every stage, to ensure the healthy, physical, emotional, intellectual and social development of the child.” It defines different forms of sexual abuse, penetrative and non-penetrative assault, as well as sexual harassment and pornography, and deems such sexual assault to be “aggravated” under certain circumstances, such as when the abused child is mentally ill or when the abuse is committed by a person in a position of trust or authority vis-à-vis a child, like a family member, police officer, etc. People involved in child trafficking for sexual purposes are also punishable under the provision relating to abetment in the act.