CHILD SEXUAL ABUSE PREVENTION: A SOCIO-LEGAL STUDY OF THE POCSO Act, 2012

Child sexual abuse is one of the worst attacks on human dignity, and not only should the laws be made to prevent such abuses, but they should also be practiced. The Protection of Children from Sexual Offences Act, 2012 (POCSO Act) was enacted by the Parliament of India to combat the rising issue of child sexual abuse. The POCSO Act is a progressive and child-centric piece of legislation. This paper analyses the functioning of the POCSO Act from a socio-legal perspective and establishes the disparity between its legal intent and practical realization. By analyzing various provisions of the Act, court pronouncements on POCSO, available statistical data, and practical hindrances at the implementation level, this paper demonstrates that despite being an important move in the right direction, POCSO’s effectiveness as a prevention mechanism stands diluted due to lack of reporting, stigma, systemic failure, and delays. The paper further offers specific recommendations for translating law in books to law in action.