Love And Sex At The Time Of Pocso Act 2012

The Act defines different forms of sexual abuse, including penetrative and non-penetrative assault, as well as sexual harassment and pornography, etc.

It further states that a sexual assault is to be considered "aggravated" under certain specific circumstances, such as when the abused child is mentally ill or when the abuse is committed by a member of the armed forces or security forces or a public servant or a person in a position of trust or authority of the child, like a family member, police officer, teacher, or doctor or a person-management or staff of a hospital -- whether Government or private. Tears and silence are memories of many children who are sexually abused. Child sexual abuse has become an epidemic which is spreading all over the society either higher class or, lower class and attacking the younger ones. Pain and tissue injury can heal with the passage of time, but psychological and medical consequences still leave scars on individual life.

It reflects itself in different forms, including physical and psychological aggression, rape and sexual abuse, and takes place at home, at neighborhoods, at school, at work and in legal and child protection institutions. Abuse tends to be transmitted from one generation to the next, and the individuals most often responsible are parents or other adult members of the household.This is where I believe the major problems arise. Unlike the usual problems of implementation or follow-ups, POCSO cases require better sensitization. The 3 main ingredients of a child-friendly special court are: training, following child-friendly procedures, and a child-friendly environment.

Moreover, the act has raised the age of consent from 16 to 18 years without considering scientific evidence on adolescent sexuality. Children involved in sexual activity will be treated as juveniles in conflict with the law. In cases of consensual sexual relationships between those in the age group of 16 and 18 years, how can we distinguish between the victim and the perpetrator. The effectiveness of a law depends largely on the people responsible for its implementation and application. State governments will have to ensure that all the requirements specified under the law are in place and all key stakeholders will have to internalize the core principles of child rights in order for the law to work.

POCSO is a relatively new Act, and it has a long way to go. Working towards the betterment of it is inevitable, but changing the mentality of the stakeholders is most necessary. Attitude is the key and there needs to be consistent effort put into changing this attitude. Since 2012 POCSO has affected the life of millions, and continues to be a promising development.