CHILD SEXUAL ABUSE AND PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT (POCSO ACT)
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Abstract
Child sexual abuse laws in India have been enacted as part of the child protection policies of India. The Parliament of India enacted the 'Protection of Children against Sexual Offences (POSCO) Bill, on the 14th November 2012. Before the passing of this Act, sexual offences were covered under different sections of IPC, and did not provide for all types of sexual offences against children. Childhood sexual abuse is obviously often a traumatic experience that has a long-term effect throughout the person's life. The POCSO Act, 2012 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.
Evidence shows that sexual violence can have physical, psychological and social outcome for both girls and boys. A child who is a victim of sexual offence can have a long-term scar back in the mind; the victim may experience chronic anxiety, tension, anxiety attacks, and phobias. Childhood sexual abuse has been correlated with higher levels of depression, guilt, shame, selfblame, eating disorders, somatic concerns, anxiety, denial, health issues, sexual problems, and relationship problems. It has been shown that survivors frequently take personal responsibility for the abuse. Survivors tend to display more self-destructive behaviours and experience more suicidal tendencies than those who have not been abused. When the sexual abuse is done by an esteemed trusted familiar adult it may be hard for the children to view the perpetrator in a negative light or the child may experience a fear from informing the incidence to the parents or someone close. Records have shown in many cases the penetrator is either a relative or an acquaintance to the victim. Sexual abuse and sex trafficking of children remain highly prevalent and are among the serious problems in India. In 2019, POSCO Act was amended. POCSO (Amendment) Bill made punishment more stringent for committing sexual crimes against children.
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