The Role of the Indian Judiciary to Combat Sexual Abuse Against Children
DOI:
https://doi.org/10.61841/yrbvyt92Keywords:
Children, rights, sexual abuse, judicial activism, judicial interpretation, ratio deceidendiAbstract
India is reckoned as the home of about 19 percent of children in the world. Many reports of many authorities including the Census of 2011 depict that more than one-third of India’s total population are children i.e., below eighteen years of age. As per one assumption, more than forty percent of these children are in need of care and protection which showcases the gravity of the problem at hand. India has taken several steps and measures to address and redress the issues relating to children in India which include child education, child health, and child development. But Child protection has remained an issue before and even after the enactment of special child laws like the Protection of Children from Sexual Offences Act of 2012 and Juvenile Justice (Care and Protection of Children) Act, 2015, and these issues are addressed by the judiciary from time to time. Abuse of children has been shrouded in an environment of secrecy which signifies a conspiracy of silence around the entire subject matter of the same.i This article endeavors to highlight the role of the Indian Judiciary to combat sexual abuse against children through judicial activism or through interpretation of the existing provisions of law depending on the ratio decidendi or rationale of a few leading and landmark cases along with providing a few guideposts.
Downloads
References
i. Lovleen, Study on Child Abuse in India, 2007. Retrieved from http://www.indianet.nl/pdf/childabuseIndia.pdf (accessed on 12/02/2019).
ii. 2014 (3) KarLJ 251.
iii. MANU/UP/0439/2015.
iv. Retrieved from http://www.ijmdrr.com/admin/downloads/0802201627.pdf, last accessed on 23rd January 2019.
v. 2014 (4) JCC 2922.
vi. CRL.A. 1477/201.
vii. MANU/KA/127/3/2015.
viii. CRA No. 011 of 2018.
ix. Criminal Appeal No. 573/2017.
x. W.P. (Crl.) No. 1591 of 2018.
xi. AIR (2004) SC 3566.
xii. Criminal Appeal Nos. 1217–1219 of 2017.
xiii. Writ Petition (Civil) No. 565 of 2012.
xiv. Criminal Appeal No(s). 961 of 2018.
xv. Writ Petition (C) No. 76 of 2018.
xvi. Criminal Appeal No. 719 of 2019.
xvii. National Conference for the Members of Juvenile Justice Boards, 27th–28th May 2015, Reported by Mrs. Shruti Jane Euseblus.
xviii. Workshop to Assess the Nature of Difficulties Faced by the POCSO Courts, [P-945], National Judicial Academy, Held on 24th–27th September 2015, Rapporteur Ms. Priyamvada Shukla.
xix. Annual National Seminar on Working of the POCSO Courts in India, Mr. Sumit Bhattacharya, Newsletter of the National Judicial Academy, Vol. 07, No. 1, March 2017.
xx. Analysis of Pattern of Disposal of POCSO Cases by Police (2017–2019), based on data and information published by the National Crime Records Bureau (NCRB).
Downloads
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution 4.0 International License.
You are free to:
- Share — copy and redistribute the material in any medium or format for any purpose, even commercially.
- Adapt — remix, transform, and build upon the material for any purpose, even commercially.
- The licensor cannot revoke these freedoms as long as you follow the license terms.
Under the following terms:
- Attribution — You must give appropriate credit , provide a link to the license, and indicate if changes were made . You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
- No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.
Notices:
You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation .
No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.
