POCSO act provide a legal scheme and structure to acknowledge the issue of child abuse in a more stringent and impressive way. In India children are victims of many forms of sexual abuses, evil practices immensely they are unnoticed and not reported to the authority. But due to the fare and profitable provision, it is very helpful for victim and their family to cope up and come out from the difficult phase of life. As the above grounds it can be concluded that POCSO is a powerful tool to protect and secure the child of the nation.
It comprises each and every factor which is necessary for the completion of the process. It is the special law regarding to children in respect of special category of crime without any biasness regarding sex.
POCSO provide re-integration, social acceptance, support person, counselor and trainers to under one roof. It is like dominos chain that is interconnected with each and every one as Doctor, Judiciary, Police, Government official ex.
Department head, CWC member, and NGO’s worker. POCSO act aligned with Convention on the Rights of the Child, 1992. First and foremost time provides separate legal backing especially for child rights. For protection against sexual exploitation, harassment & abuses like child pornography, molestation, trafficking etc. It has distinct provision as to calls for child-friendly environment, easy procedure with intent to provide best help and support to the child victim. Special courts are announced with time-bound trial and mandatory provision related for trial to be conducted in-camera and without revealing the identity of the child.
It helpful to avoid re-victimization of the child & motivates and empower parents to report the crime.
It is necessary to have medical & health check us, immediate and accurate rehabilitation process & compensation. It has deterrent measure stringent and strict punishments that include life imprisonment for sexual offenders. Certainty of punishment can be guarantee through focusing and imposing on better prosecuting mechanism that provide an established way to sort out things or situations and law enforcement agencies. Extending coverage of CCTV cameras under Smart Cities programmed, training program to all stakeholder, awareness program and campaign by the government, NGO working with this issue and provide awareness in school and in the institution will be promising for better social scenario of present era. Nevertheless in long run focus or clear cut vision is to be on value education and to raise a society of no criminals. Ultimate aim and intention of law should be to reform the society and not to take revenge.
A possible solution for this problem can be the mandatory linking of UID (Unique Identification) with victim and offender data in cases involving underage parties at the time of reporting to help determine the age of the victim and perpetrator. However, this could potentially raise a number of ethical issues and might be at cross purposes with the original intention of the UID project in India. Despite such dramatic reforms, “Crime in India 2014” reveals that the conviction rate under the POCSO Act is merely 24.6 per cent and the pendency rate is an alarming 95.1 per cent. This barely inspires confidence in the criminal justice system that is projected as the panacea for crimes against children.
POCSO Act has the potential and integrity in it but laws do not operate in isolation and if they do not match the real life circumferences than it will create confusion, complexity or mislead the noble cause for which the laws actually been made. Basically law must have to in conformity or in accordance with the other existing laws of the land, so it would not create contradiction or confusion in the laws. But if such situations happen than it will arise a big issue and complications for the agency. What we have to manage in terms of which law is to be considered first, secondly resolve these conflict before the actual crime, it will be wastage of time, money, energies of the court and the parties ,any other affected persons and the authority. There are certain criteria mention which are creating misconception and mislead the act in performing their parts, and are the basic ingredients for the derogatory of the act.
This clause bound by the duty that any person who knows that the sexual abuse is done and known the abuser than they have to report immediately about this to authorities. If they fail to do so then there is punishment for this also. In this perspective there are certain defects come into the implementation of the act such as mentioned below School teacher and counselor are duty-bound to report about sex under 18 years of age because it is consider as crime, instead of it they are there to advice about safe sex or treat after-effects of unsafe sex without losing confidentiality in it or get involve in reporting in it. POCSO raise many issue for organization, institution, charities and for the people working with poor, backward class or communities. They try to build relationship with them or get trust of them. Out of this trusted relationship if such person get to know about anything related with underage sex or sexual commitment either consensual or not