A critical study on implementation of POCSO Act in Tamil Nadu.

Author : Arun Karthick V.A.

Department : B.A.LL.B. (Hons) 4th year

Saveetha School of Law

Saveetha Institute of Medical and Technical Sciences(SIMATS)

Saveetha University

Chennai - 600077

Email : [email protected]

Phone number : +91 99942 60892

Co-Author : Dr.B.Lavaraju

Associate Professor

Saveetha School of law

Saveetha Institute of Medical and Technical Sciences (SIMATS)

Saveetha university

Chennai-600077

Email : [email protected]

Phone number : +91 94416 76950

 A critical study on implementation of POCSO Act in Tamil Nadu.

Author : Arun Karthick V.A.1

Co-Author : Dr.B.Lavaraju 2

ABSTRACT :

The main objective of POCSO Act is to be a gender neutral law that came into force in 2012 in
India with the intent of preventing sexual offences against children under age of 18 . It mandates
the establishment of special courts to bring back justice criminal offenders, while protecting the
privacy and confidentiality of kid victims. Further, it mandates the establishment of special
procedures for conducting any investigations and prosecutions. the most objective of the study is
to verify implementation of POCSO Act in Tamil Nadu and to analyze the required amendments
in POCSO Act. The research method followed here is inquiry which deals with both primary and
secondary sources of data and various secondary sources are collected from books, journals,
articles. a complete of 201 samples has been taken, note of which is taken through a convenient
sampling method . The statistical tool which is used here is graphical representation from SPSS
Tool and SPSS frequency table. The findings of the research is that amendments and proper
implementation of POCSO Act is especially required as the public and victims already suffer as
per the response of the public for this research paper . There are various issues with the
implementation of the POCSO Act in the state of Tamil Nadu . First, the amount of pending
POCSO cases in court is increasing. Second, the common methods which are employed by
doctors to examine victims violate the victims privacy . Third, victims are very rarely given
interim compensation, made available to them by the POCSO Act. The aim of this research is to
research the implementation of the POCSO Act. The results show that amendments and proper
implementation of the POCSO Act is required.

KEYWORDS : Sexual Offences, Children, Prevention, Implementation, Investigation,

Prosecution.

1
Arun Karthick V.A.,131901068, 4th Year B.A.LL.B(Hons.), Saveetha School of law, Saveetha Institute of Medical
and Technical Sciences(SIMATS), Saveetha University, Chennai-77, Email ID: [email protected] ,
Contact No: 9994260892
2
Dr.B.Lavaraju, Associate Professor, Saveetha School of Law, Saveetha Institute of Medical and Technical Sciences
(SIMATS), Saveetha University, Chennai-77, Email ID: [email protected] ,Contact No: 9441676950
INTRODUCTION :

The POCSO Act is a gender-neutral law that came into force in 2012 with the intent of
preventing sexual offences against children. It mandates the establishment of special courts to
bring to justice criminal offenders, while protecting the privacy and confidentiality of
child-victims. Further, it mandates the establishment of special procedures for conducting
investigations and prosecutions. For example, during a trial, advocates cannot directly question a
child-victim. Rather, they have to communicate their questions to the Special Court, which will
in turn communicate them to the child. The main objective of POCSO Act is to be a gender
neutral law that came into force in 2012 in India with the intent of preventing sexual offences
against children under age of 18 . It mandates the establishment of special courts to bring back
justice criminal offenders, while protecting the privacy and confidentiality of kid victims.
Further, it mandates the establishment of special procedures for conducting any investigations
and prosecutions. the most objective of the study is to verify implementation of POCSO Act in
Tamil Nadu and to analyze the required amendments in POCSO Act. Further, the questions
posed, cannot be “aggressive” questions. There are several issues with the implementation of the
POCSO Act in Tamil Nadu. First, the number of pending POCSO cases is increasing. Second,
the common methods used by doctors to examine victims violate their privacy. Third, victims are
rarely provided with interim compensation, made available to them by the Act. Cases filed under
POCSO are piling up in the State of Tamil Nadu. In 2018, 2003 cases under the POCSO Act
were pending in Tamil Nadu. 219 of these cases have been pending for the last three years, 509
cases have been pending for more than two years, and 1275 cases have been pending for
one-and-a-half years. The data on conviction rates reveals that the number of cases registered
under the POCSO Act may have increased over the years, but the conviction rate remains
alarmingly low. For instance, in Tamil Nadu in 2017, 1,586 cases were registered under POCSO.
Of these, charge-sheets were filed in 703 cases and the courts convicted the accused only in eight
cases and 59 ended in acquittal. Despite the ban on the two-finger test, used for examining
victims of sexual violence, it is commonly used in Tamil Nadu. The Court held it violated the
right to privacy. Further, in 2014, the Ministry of Health and Family Welfare issued alternative
guidelines for conducting such tests. Nevertheless, the two-finger test is still commonly used in
Tamil Nadu. For instance, in the past two years, the two-finger test was conducted in almost all
of the 179 rape cases involving children in Chennai. In the context of relief and rehabilitation,
the Act enables the special court to order interim compensation to the victim, either suo moto or
upon an application made by the victim. However, the special court has only awarded interim
compensation in 3% of all POCSO cases in Tamil Nadu, in the 2013 to 2018 period. The court
only awarded interim compensation in 95 POCSO cases, out of the 3153 POCSO cases that have
been committed to the court in 25 districts in Tamil Nadu. Child sexual offences are violative of
the right to life, liberty, dignity, and protecting children from such violence is essential to secure
their right to bodily integrity. It is essential for the Government of Tamil Nadu to strengthen the
implementation of the POCSO Act by recognising the true objectives of the POCSO Act. Child
sexual abuse is widespread around the world, not only in India. These crimes against children are
particularly common in developing or underdeveloped nations such as Pakistan, the Philippines,
India, Kyrgyzstan, and many more. Sexual abuse does not have to entail any kind of penetration,
force, pain, or contact. Sexual assault is defined as any act committed at a minor with the
purpose of obtaining sexual enjoyment. The abuser might be of any age, gender, or
socioeconomic background. This includes online behavior directed towards minors. This
research paper aims to highlight key fundamental elements of the law protecting minors from
sexual assault that require substantial revision through proper implementation.

OBJECTIVES :

To study the importance of proper implementation of the POCSO Act.

To examine the effectiveness of the POCSO Act.
To analyze the required amendments for the POCSO Act.
To offer suggestions for proper implementation of the POCSO Act.

REVIEW OF LITERATURE :

Singh (2018), says POCSO is a comprehensive law to provide for the protection of children from
the offences of sexual assault, sexual harassment and pornography, while safeguarding the
interests of the child at every stage of the judicial process by incorporating child-friendly
mechanisms for reporting, recording of evidence, investigation and speedy trial of offences
through designated Special Courts. Anchan et al. (2021), defines a child as any person below
eighteen years of age, and defines different forms of sexual abuse, including penetrative and
non-penetrative assault, as well as sexual harassment and pornography, and deems a 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 the child, like a family member, police officer, teacher, or doctor. Das et al. (2020) says,
People who traffick children for sexual purposes are also punishable under the provisions
relating to abetment in the said Act. Bhosale et al. (2018), prescribes stringent punishment
graded as per the gravity of the offense, with a maximum term of rigorous imprisonment for life
and fine. Chemmalar (2020), In keeping with the best international child protection standards,
the said Act also provides for mandatory reporting of sexual offences. Pal (2021), casts a legal
duty upon a person who has knowledge that a child has been sexually abused to report the
offence; if he fails to do so, he may be punished with six months‟ imprisonment and/ or a fine.
Singh (2018), said the Act also casts the police in the role of child protectors during the
investigative process. Mohanty and Banerjee (2017), the police personnel receiving a report of
sexual abuse of a child are given the responsibility of making urgent arrangements for the care
and protection of the child, such as obtaining emergency medical treatment for the child and
placing the child in a shelter home, should the need arise. Goyal and Goni (2020), mentioned
that the police are also required to bring the matter to the attention of the Child Welfare
Committee (CWC) within 24 hours of receiving the report, so the CWC may then proceed where
required to make further arrangements for the safety and security of the child. Memchoubi and
Devi (2020), said the Act makes provisions for the medical examination of the child in a manner
designed to cause as little distress as possible. Agatha and Moirangthem (2019), says the
examination is to be carried out in the presence of the parent or other person whom the child
trusts, and in the case of a female child, by a female doctor. Ganesha (2019), provides for
Special Courts that conduct the trial in-camera and without revealing the identity of the child, in
a child-friendly manner. De et al. (2020), added the child may have a parent or other trusted
person present at the time of testifying and can call for assistance from an interpreter, special
educator, or other professional while giving evidence; further, the child is not to be called
repeatedly to testify in court and may testify through video-link rather than in a courtroom.
Pathak et al. (2018), said Act stipulates that a case of child sexual abuse must be disposed of
within one year from the date the offence is reported. Maity (2022), provides for the Special
Court to determine the amount of compensation to be paid to a child who has been sexually
abused, so that this money can then be used for the child’s medical treatment and rehabilitation.
Sithannan et al. (2019), recognises almost every known form of sexual abuse against children as
punishable offences, and makes the different agencies of the State, such as the police, judiciary
and child protection machinery, collaborators in securing justice for a sexually abused child.
Shahare (2020), provides for a child-friendly judicial process, the said Act encourages children
who have been victims of sexual abuse to report the offence and seek redress for their suffering,
as well as to obtain assistance in overcoming their trauma. Pooja (2020), said the Act will
provide a means not only to report and punish those who abuse and exploit the innocence of
children, but also prove an effective deterrent in curbing the occurrence of these offenses. Kaur
et al. (2022), said the Act is to be implemented with the active participation of the State
Governments. Paul et al. (2021) says, Under Section 39 of the said Act, the State Government is
required to frame guidelines for the use of persons including non-governmental organizations,
professionals and experts or persons trained in and having knowledge of psychology, social
work, physical health, mental health and child development to assist the child at the trial and
pre-trial stage.

METHODOLOGY :

The study deals with empirical research Le non-doctrinal study.It deals with both primary as well
as secondary sources of data and various secondary sources like books, articles, research papers ,
etc. were used for reference. The study deals with survey methods and the main tool for
calculating or analyzing the results is the cross tabulation count through percentage and
Correlation analysis. The method of collecting responses is through an online survey method by
getting people’s opinion and answers to the questionnaires. Convenient sampling method was
used for the purpose of this study.There are a total of 201 samples collected with regard to this
study. Age , gender and occupation are considered as the independent variables , whereas the
dependent variables are the implementation measures of POCSO Act in Tamil Nadu.
ANALYSIS :

Table 1

Legend : Table classifying the respondents based on their age.

Table 2

Legend : Table classifying the respondents based on their Gender.

Table 3

Legend : Table classifying the respondents based on their Occupation.

Table 4

Legend : Table classifying the respondents based on their Educational Qualification.

Table 5

Legend : Table classifying the respondents based on their Income Slab.

Table 6

Legend : Table classifying response for the ‘State establishes efficient child needs and urgent
medical attention after Sexual offences’.
Graph 1

Legend : Correlation of Table 6 with Occupation of Respondents.

Table 7

Legend : Table classifying response for the ‘Investigation authorities should establish special
child enabling mechanisms to investigate child victims.’
Graph 2

Legend : Correlation of Table 7 with Gender of Respondents.

Table 8

Legend : Table classifying response for the ‘How far the POCSO Act is effective in prevention
of children from sexual offences ?’
Graph 3

Legend : Correlation of Table 8 with Gender of Respondents.

Table 9

Legend : Table classifying response for the ‘No enquiry should be done with the child to protect
child’s mental health’
Graph 4

Legend : Correlation of Table 9 with Occupation of Respondents.

Table 10

Legend : Table classifying response for the ‘The procedures followed under POCSO Act are
children enabling’
Graph 5

Legend : Correlation of Table 10 with Occupation of Respondents.

Table 11

Legend : Table classifying response for the ‘High monetary compensations are provided even
for elopement of adult children.’
Graph 6

Legend : Correlation of Table 11 with Educational Qualification of Respondents.

Table 12

Legend : Table classifying response for ‘Though the POCSO Act is a gender neutral statute, it
has a gender bias.’
Graph 7

Legend : Correlation of Table 12 with Educational Qualification of Respondents.

Table 13

Legend : Table classifying response for ‘It is fair to pay compensation for female juveniles on
elopement’.
RESULTS :

In Table 1 we can understand that 46.8% of the total respondents were between the age of 18 to
35 and successively 37.8% of the respondents were between the age of 36 to 65 and lastly the
remaining 15.4% of the respondents were above the age of 65 years and in Table 2 that 64.7%
of respondents are female and 35.3% are males.In Table 3, 19.4% of the total respondents by the
government employees and 26.4% of the respondents for the private sector people and the
remaining 21.4% of the respondents were unoccupied, whereas in Table 4, 65.7 % of the total
respondents have completed their undergraduate and 15.9 % of the respondents have completed
their post-graduation and 18.4% have completed their high schooling and in Table 5, we also
understand that 57.2% of respondents are earning less than 2.5 lakhs per annum, 26.3% earn 2.5
to 10 lakhs and remaining 16.4% earns above 10 lakhs. In Table 6 , for the question, “Table
classifying response for the ‘State establishes efficient child needs and urgent medical attention
after Sexual offences” , the public is highly rated at agree for 52.7%, only 16.9% have disagreed.
In Table 7, Table classifying response for the “Investigation authorities should establish special
child enabling mechanisms to investigate child victims”, the public is highly rated to agree for
28.9%, only 19.9% have disagreed. In Table 8 , Table classifying response for the ‘How far the
POCSO Act is effective in prevention of children from sexual offences ?’, public were highly
rated between point 1 to 3 for 81%, only 19% have marked between point 4 to 5 . In Table 9 ,
Table classifying response for the ‘No enquiry should be done with the child to protect child’s
mental health’, the public is highly rated to agree for 49.3%, only 18.4% have disagreed and in
Table 10, Table classifying response for the ‘The procedures followed under POCSO Act are
children enabling’, the public is highly rated to agree for 54.2%, only 20.4% have disagreed. In
Table 11, Table classifying response for the ‘High monetary compensations are provided even
for elopement of adult children’, the public is highly rated to be unaware for 38.3%, only 8%
have marked as aware. In Table 12, Table classifying response for ‘Though the POCSO Act is a
gender neutral statute, it has a gender bias’, only 14.4% respondents have agreed but 27.4% have
disagreed and in Table 13, Table classifying response for ‘It is fair to pay compensation for
female juveniles on elopement’, the public is highly rated to agree for 48.3%, only 13.9% have
disagreed.
DISCUSSION :

In Table 1 we can understand that we got more young respondents and in Table 2 that most of
our respondents are females. In Table 3, we got more ideal employed respondents , whereas in
Table 4, we can understand that we got more educated respondents and in Table 5, we also
understand that most of our respondents are earning less than Rs.2.5 lakhs. In Table 6 , we
recognise that State lacks to establishe efficient child needs and urgent medical attention after
Sexual offences. In Table 7, we suggest that Investigation authorities should establish special
child-enabling mechanisms to investigate child victims. In Table 8 , the POCSO Act is not
effective in prevention of children from sexual offences and in Table 9 , we obtain result for no
enquiry should be done with the child to protect child’s mental health, whereas in Table 10, we
obtain that the procedures followed under POCSO Act are not children enabling. In Table 11,
High monetary compensations are not to be provided even for elopement of adult children. In
Table 12, It is resulting that it’s not fair to pay compensation for female juveniles on elopement.

LIMITATIONS :

Since the large portion of respondents are youngsters, they may not be much experienced to
respond and may be biased with unreliable contents of Social media. Responses are collected
only from the Respondents of the Chennai city only , which may reflect only the view of the
particular city. However these limitations did not affect the results drastically as due to this
recent social issues through which the public is aware of POCSO rather than the normal.

SUGGESTIONS :

The law is imperative to ensure intellectual, emotional, healthy physical and social development
of the child. Though the police are aware to protect the people especially the children certain
incidents of crime are continuously happening in Tamil Nadu. The political and cultural factors
are directly (or) indirectly lead sexual offense on children.Tamil Nadu is an important place
which gives life to various religious and economic people. Every day, the population of Tamil
Nadu varies because of the increasing and available opportunities to uplift the people’s life. The
cases reported in 2017 and the cases reported in 2018 in the local police unit in Tamil Nadu
shows the number of crimes increasing in this city every year. Following measures should be
followed to protect children. Parents should educate the children with good touch and bad
touch. Abused child photo not shown to the public media neither Television nor Newspaper
Teacher should teach the youth about sexual education compulsory. A Children's Aid Society
should be created. Non - governmental organizations, professionals, experts (or) persons
having knowledge of psychology, Physical health, social work, mental health and child
development should assist the child to recover from pre-mal and during trial stage. From the
legal services authority, legal counsel should be provided to the child. Proper and child enabling
Medical examinations (or) medical treatment should be provided to the affected child.

CONCLUSION :

The POCSO Act is a gender-neutral law that came into force in 2012 with the intent of
preventing sexual offences against children. It mandates the establishment of special courts to
bring to justice criminal offenders, while protecting the privacy and confidentiality of
child-victims. Further, it mandates the establishment of special procedures for conducting
investigations and prosecutions. For example, during a trial, advocates cannot directly question a
child-victim. Rather, they have to communicate their questions to the Special Court, which will
in turn communicate them to the child. Further, the questions posed, cannot be “aggressive”
questions. There are several issues with the implementation of the POCSO Act in Tamil Nadu.
First, the number of pending POCSO cases is increasing. Second, the common methods used by
doctors to examine victims violate their privacy. Third, victims are rarely provided with interim
compensation, made available to them by the Act. In the context of relief and rehabilitation, the
Act enables the special court to order interim compensation to the victim, either suo moto or
upon an application made by the victim. However, the special court has only awarded interim
compensation in 3% of all POCSO cases in Tamil Nadu, in the 2013 to 2018 period. The court
only awarded interim compensation in 95 POCSO cases, out of the 3153 POCSO cases that have
been committed to the court in 25 districts in Tamil Nadu. Child sexual offences are violative of
the right to life, liberty, dignity, and protecting children from such violence is essential to secure
their right to bodily integrity. Therefore, It is essential for the Government of Tamil Nadu to
strengthen the implementation of the POCSO Act by recognising the true objectives of the
POCSO Act.
REFERENCES :

● Singh , Child sexual abuse in India, 2018, p.67-69

● In Anchan. Child Abuse and Neglect, 2021, p.43-50
● Das, Challenges and Opportunities. Tamil Nadu : 2020 .p.62-70.
● Bhosale, 2018, Study on Child Abuse: India : p.6
● Chemmalar, The Surgeon General’s Letter On Child Sexual Abuse, 2020 , p.69
● Pal, 2021, Department Of Health And Human Services, Washington D.C, p.4.
● Mohanty and Bannerjee , Medicolegal Care of Survivors Victims of Sexual Violence,
2017, p.89
● Goyal & Goni , Understanding Child Sexual Abuse: 2020. p.45.
● Memchoubi & Devi, 2020, A Guide for Parents and Caregivers,Central
Agencies,Sexual Abuse Treatment (CASAT) Program Child Development Institute,
Canada, p.30
● Agatha , 2018,Critical Study on Child Abuse: India : p.61
● Ganesha, Child sexual abuse in Tamil nadu , 2019, p.67-69
● In De et al. Child Abuse, 2020, p.46-55
● Pathak, Challenges and Opportunities. Tamil Nadu : 2018 .p.62-71.
● Maity, 2022, Study on Child Abuse: India : p.6
● Sithannan, The Police General’s Letter On Child Sexual Abuse, 2019 , p.6
● Shahare, 2020, Department Of Health And Human Services, Washington D.C, 2020, p.4.
● Pooja , Medicolegal Care of Survivors Victims of Sexual Violence, 2020, p.89
● Kaur , Understanding Child Sexual Abuse: 2020. p.45.
● Paul, 2021, A Guide for PSexual Abuse Treatment Program for Child Development
in India , p.37.
PLAGIARISM