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Context
The report, on the Protection of Children from Sexual Offences (POSCO) Act, looked into the reasons why most cases end up in acquittal; the conviction rate is below 20 per cent, it noted
Why most cases end up in acquittal under POCSO?
Victims turned hostile succumbing to pressure from the accused or the family. Also, the legal procedure is long-drawn, giving ample time to both parties for “negotiations”. And, most of the complainants were from the economically weaker strata of the society.
The positive
The fact that cases were reported, the accused were booked and dragged inside legal corridors is an act of courage. Otherwise, in most cases, stories are muffled inside homes
No retrospective effect
The POCSO Act, instituted in 2012, does not function on a retrospective basis, like many other criminal laws. Going by the laws of 2007, penetration by finger or tongue could not be defined as rape, as per Section 376 of the Indian Penal Code, which changed in 2013. The only law on the rescue would have been Section 354 — assault with intent to outrage modesty — but its implications doesn’t correspond to the gravity of the crime
What needs to be done?
The legal system in place has its limitations in dealing with child sexual abuse, but they should be addressed with urgency. The number of courts and judges should be increased, cases should be heard on a fast-track basis, and victims should be counselled daily at the time of the trial. In addition, amendments can be made so can adults can report child abuse retrospectively
Raising awareness
- Author states that what she missed in her case was not legal remedy, but a talk on child sexual abuse with my parents and teachers, like the one I had on menstruation. The education system — schools, teachers, and parents — plays a more crucial role in this regard
- Workshops or one-to-one counselling should be conducted on a war footing to make children aware of how to identify bad touch, say “no” to the perpetrator, and be able to share the incident with an elder
- There are activists and non-profit organisations which hold such workshops, but their reach is limited. The move by the National Council of Educational Research and Training (NCERT) to educate students on good and bad touch, through books and films in the session from next year, is a welcome one. The text, which will also serve as a guide for teachers, will have helpline numbers, a brief on the POCSO Act and the National Commission for the Protection of Child Rights
Conclusion
The incidence of sexual assault on children is rising everyday. To lend a non-judgemental ear and talking openly with children is a simple step. They could gather the courage to refuse, report to their friends or elders, or share a past incident. Legal battles could be victories for the victims, but the ultimate aim ought to be the personal growth of the survivors
