Amity University Rajasthan

AMITY UNIVERSITY RAJASTHAN
AMITY LAW SCHOOL
SYNOPSIS
CHILD RIGHTS IN INDIA WITH REFERENCE OF

POCSO ACT
SUPERVISOR RESEARCH SCHOLAR

Mr. Prateek Deol Mr. Adnaan Belim
Amity Law School B.Com. LL.B. (H)
A21521616003
INTRODUCTION
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.
The law, policy and practice of child welfare have undergone a significant change from a historical
perspective before 1839, there was the doctrine that the father have absolute over his children:
after this, the welfare principle was reflected in the dominant ideology of the family. The Indian
traditional view of welfare is based on daya, dana, dakshina, bhiksha, samya-bhava, swadharma
and tyaga. The essence of which were self-discipline, self-sacrifice and consideration for others.
It was believed that the well- being of children depended on these values.
Children were recipients of welfare measures. It was only during the twenty century that the
concepts of child rights emerged. Rights are entitlements. They also imply obligation and goals.
The rights approach is primarily concerned with issue of social justice, non-discrimination, equity
and empowerment. The rights perspective is embodied in the United Nations convention on the
Rights of Child 1989 (which sets out the civil, political, economic, social, health and cultural rights
of children) which is landmark in international human rights legislation. India ratified the convention
on the rights of the child in 11 Dec 1992.
The Protection of Children from Sexual Offences Act (“POCSO”) 2012 was formulated in order to
effectively address sexual abuse and sexual exploitation of children. It provides for protection of
children from offences of sexual assault, sexual harassment and pornography. Sexual exploitation
and sexual abuse of children are heinous crime. This act has some special features, which
incorporates child friendly procedures, recording of evidences, establishment of special court and
speedy trial for cases falls under this Act.
Clause (3) of article 15 of the Constitution inter alia, empowers the state to make special
provisions for children: and then Government of India has acceded on the 11th December 1992 to
the convention on the rights of child. Necessary for the proper development of the child and best
interest and well- being of the child and healthy physical, emotional, Intellectual and social
development of child that his or her right to privacy and confidentiality be protected and respected
by every person.
The said Act defines a child as any person below eighteen years of age, and defines different
forms of sexual abuse, including penetrative and non-penetrative assault, as well as sexual
harassment and pornography, and deems a sexual assault to be “aggravated” under certain
circumstances, such as when the abused child is mentally ill or when the abuse is committed by a
person in a position of trust or authority vis-à-vis the child, like a family member, police officer,
teacher, or doctor. People who traffic children for sexual purposes are also punishable under the
provisions relating to abetment in the said Act. The said Act prescribes stringent punishment
graded as per the gravity of the offence, with a maximum term of rigorous imprisonment for life,
and fine.
HYPOTHESIS/RESEARCH QUESTION
1. What are the child rights in India?
2. What is the united nation convention on the rights of the child?
3. What are the suggestive ways to curb child abuse?
4. what are the global scenario of the problem and how are the western countries dealing with
it?
OBJECTIVE OF STUDY
The object of this study is to examine the concept of Child rights in India with reference to POCSO
act from the Indian perspective and the International perspective. The judicial response on the
child abuse both nationally & internationally by way of landmark judgements.
LITERATURE REVIEW
ARTICLES, LECTURES, ONLINE DATABASES & WEBSITES
1. NCRB crime reports
2. http//www.researchgate.net/
3. Times of India Articles on child Labour
4. J.N. Pandey constitution of India
5. United Nations Convention on child rights 1989.
6. Government of India- policies on child labour
7. Law mantra
8. POCSO act- gazette of India
RESEARCH METHODOLOGY
This research would include both methods of research, i.e., doctrinal research and non-doctrinal
research, due to the nature of the report. Children rights and their problems involved in the
interpretation of governance of the existing legal system and its interface will be discussed by
primary sources and doctrinal analysis, and the source of data collection will be secondary
sources such as books, journals & papers and online databases. At some point in time, the study
would also be analytical and would involve evaluating the Indian government's law and order
scenario. The most recent version of the Bluebook will comply with this work.
SCOPE AND LIMITATION
The scope of this study will expand through an in-depth analysis of the current situation pertaining to the
recent scenarios of child abuse and child harassment. It will be highlighting the problems in the light of the
concepts from National & International perspective with discussing the case law. It will also describe the
remedies and concerns of United Nations.
PROPOSED CHAPTERIZATION
1. Abstract
2. CHAPTER I Introduction
 Purpose of research
 Child Sexual Abuse: meaning
 Stages of grooming in child sexual abuse
 Overview of Child Sexual Abuse
 Child Sexual Abuse in India
 Statistics on Child Sexual Abuse
 NCRB Statistics
3. CHAPTER II Child Sexual Abuse: A Hidden Dark Reality
 Global Scenario of the Problem
 International Legal Instruments on Child Sexual Abuse
 Legal Instruments in India
4. CHAPTER III Legislation in India
 Analysis of Child Rights
 Need for new legislation: Birth of POCSO, 2012
 Protection of Child Rights
5. CHAPTER IV Analysis of Judicial Pronouncements
 Judicial Course in context to POCSO
 Cases Studies on POCSO
 Judicial Responses to Child Sexual Abuse
 Recent Judicial Trends
 Analysis of Criminal Law (Amendment) Ordinance, 2018
6. CHAPTER V Suggestive Measures to curb child sexual abuse
 Recommendations as a practical approach
7. Conclusion
8. Bibliography

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AMITY UNIVERSITY RAJASTHAN

AMITY LAW SCHOOL

CHILD RIGHTS IN INDIA WITH REFERENCE OF

SUPERVISOR RESEARCH SCHOLAR

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