Crime Against Children in India

Children are among the most vulnerable members of society and require special protection from abuse, exploitation, violence, trafficking, neglect, and other forms of crime. India has several laws designed to protect children, with the Protection of Children from Sexual Offences (POCSO) Act, 2012 and the Juvenile Justice (Care and Protection of Children) Act, 2015 being two important parts of the child-protection framework.

What Are Crimes Against Children?

Crimes against children can take many forms, including:

• Sexual assault and sexual harassment

• Child sexual exploitation and abuse

• Child trafficking

• Cruelty and exploitation

• Child labour and forced labour

• Kidnapping and abduction

• Physical or emotional abuse

• Online exploitation and abuse

• Child marriage

• Abandonment and neglect

• Use of children for unlawful or exploitative activities

Different offences may be governed by different laws depending on the circumstances.

Protection Under the POCSO Act

The POCSO Act, 2012 was specifically enacted to protect children from sexual assault, sexual harassment, and pornography and to provide for Special Courts to deal with such offences. Under the Act, a child means a person below 18 years of age.

The Act covers penetrative sexual assault, sexual assault, aggravated forms of these offences, sexual harassment, offences involving the use of children for pornographic purposes, abetment, and attempts.

Reporting a Crime Against a Child

When a person becomes aware of or has reason to believe that a child has been subjected to an offence covered by POCSO, the matter should be reported through the appropriate legal authorities. The Act contains specific provisions concerning reporting, recording the child’s statement, medical examination, investigation, and proceedings before Special Courts.

A child should be treated with sensitivity and should not be blamed, threatened, or pressured into remaining silent.

Protecting the Child During Legal Proceedings

POCSO provides several child-sensitive safeguards. These include provisions relating to recording the child’s statement, medical examination, Special Courts, protection while giving evidence, in-camera trials, and assistance from interpreters or experts where required.

The law also recognises the importance of protecting a child’s privacy and best interests throughout the judicial process.

Role of the Juvenile Justice Act

The Juvenile Justice (Care and Protection of Children) Act, 2015 provides a broader framework for children in need of care and protection and children alleged or found to be in conflict with law. It focuses on care, protection, development, treatment, rehabilitation, and social reintegration through a child-friendly approach.

The Act provides for institutions and bodies including Juvenile Justice Boards and Child Welfare Committees.

What Should Parents and Guardians Do?

If a child reports abuse or another serious problem:

1. Ensure immediate safety and keep the child away from an alleged offender where necessary.

2. Listen calmly and reassure the child that they are not to blame.

3. Do not repeatedly interrogate the child or pressure them to provide particular answers.

4. Preserve relevant evidence, including messages, photographs, documents, or other digital information.

5. Seek appropriate medical care when required.

6. Report the matter promptly to the appropriate authorities.

7. Protect the child’s identity and privacy.

8. Seek assistance from an appropriately qualified lawyer or child-protection professional.

Important Precautions

• Never blame or shame a child for abuse.

• Do not force a child to confront the alleged offender.

• Do not threaten or physically confront the alleged offender.

• Do not fabricate, alter, or destroy evidence.

• Do not circulate photographs, videos, or other sensitive material involving a child.

• Do not reveal identifying information about a child involved in a sexual-offence case.

• Do not pressure a child to withdraw a complaint.

• Keep important documents and complaint details safely.

• Seek professional legal assistance when necessary.

Creating a Safer Environment for Children

Child protection is not only the responsibility of law-enforcement agencies. Parents, schools, communities, organisations, and institutions all have a role in creating safe environments.

Children should be taught about personal boundaries, safe and unsafe behaviour, responsible internet use, and how to seek help from trusted adults. Adults should take disclosures seriously and respond without blaming or frightening the child.

Remember

Every child has the right to safety, dignity, protection, and development.

India’s child-protection framework provides special legal safeguards for children affected by sexual offences and other forms of vulnerability. The POCSO Act and Juvenile Justice Act are important components of this framework, while other laws may apply depending on the particular offence.

Protect the child. Listen without blame. Report suspected offences. Preserve evidence. Protect privacy. Seek appropriate support.

This article is intended for general public awareness and is not a substitute for case-specific legal advice. The applicable law and procedure depend on the facts of each case.