Although more than five years have elapsed since POCSO Act came into force, the system is replete with failures and shortcomings. In this context, do you think the recent legislations passed by various states providing death penalty for child rape will work in reducing crimes? (200 words)
Refer – The Indian Express
Enrich the answer from other sources, if the question demands.
IAS Parliament 7 years
KEY POINTS
· POCSO Act provides for a graded classification of sexual offences against children, prescribes higher mandatory minimum sentences for such crimes, mandates several processes and safeguards to ensure a child-friendly trial.
· Although more than five years have elapsed since it came into force, the system is replete with failures and shortcomings.
· Meanwhile, Haryana and Rajasthan joined Madhya Pradesh in introducing the death penalty for rape of a child below the age of 12 years. Maharashtra and Karnataka too are considering it.
· But, without effective implementation of the law, a penalty — no matter how severe — will not work in reducing crime.
Shortcomings in the system
· Low conviction rates – One of the reasons for low conviction rates is the vast majority of victims turning hostile.
· The complex and sensitive nature of sexual abuse, coupled with the fact that in a large number of cases the rapist is known to offender, result in victims turning hostile.
· The likelihood of the victim turning hostile is extremely high in cases of abuse within the family due to
a) the pressure to “settle” or compromise the matter,
b) lack of support systems, and
c) Other socio-economic factors which hinder the victims from effectively and confidently testifying against the accused.
· In this context, higher penalties will only lead to aggravating this concern, particularly with regard to cases of incest.
· Low reporting - Only a fraction of the incidences of sexual abuse against children enter the criminal justice system, amongst which only a minuscule fraction end in a conviction.
· The mandatory minimum sentence for sexual offences was already increased by the POCSO Act and the Criminal Law Amendment Act, 2013 specifically to address growing sexual crimes.
· These penalties are rendered meaningless in the face of thousands of crimes that go acquitted, or worse, undetected.
Way Ahead
· Instead of pursuing drastic remedies, we need to urgently devise ways to
a) bolster the existing criminal justice and child protection systems
b) ensure higher convictions, higher reporting of offences, put in place preventive strategies, and
c) address a large number of systemic and operational gaps
