POCSO in Statute, Abuse in Reality: A National Shame

Despite having one of the world’s most intricate and seemingly rigorous child protection frameworks, India currently faces an unsettling and profoundly concerning reality: although the legislation is strong on paper, its application is lacking, leaving children dangerously exposed. Throughout the past ten years, Indian lawmakers have consistently reaffirmed their dedication to protecting youth by implementing and enhancing regulations such as the Protection of Children from Sexual Offences Act of 2012, increasing penalties through revisions to the Indian Penal Code, and, more recently, the Bharatiya Nyaya Sanhita. These laws promise non-bailable offences, compulsory reporting, child-centric procedures, expedited courts, and heavy punishments, including lengthy prison terms. Nonetheless, empirical evidence year after year reveals a significant disconnect between the intentions of the law and the reality faced on the ground. The consistent upsurge in offences against minors is not just an isolated statistic; it serves as a damning critique of inadequacies in enforcement, indifference from authorities, societal silence, and delays within institutions. The presence of stringent legislation has not resulted in real safety, deterrence, or prompt justice for India’s most at-risk populations.

The “Crime in India 2023” report from the National Crime Records Bureau provides a bleak and undeniable overview. In 2023, the country documented 1,77,335 offences against children, representing a 9.2 per cent rise from the year before. This equates to roughly 485 crimes involving minors reported daily throughout the nation. More alarming is that 67,694 of these incidents were categorised as sexual offences under the POCSO Act, leading to nearly 192 instances of child sexual abuse reported each day. These statistics are not mere data points; they depict destroyed childhoods, enduring trauma, and irreparable violations of physical integrity and dignity. When assessed in light of India’s population and societal context, these figures strongly imply that the officially registered statistics may only reflect the tip of an enormous and more widespread crisis, as underreporting remains a persistent and well-recognised issue in cases related to minors.

The POCSO Act was introduced with the clear aim of establishing a zero-tolerance legal framework against child sexual abuse. It marked a significant transformation by eliminating the consent issue for minors, ensuring offences are gender-neutral, and instituting severe penalties for aggravated abuse cases. The legislation mandates the creation of specialised POCSO courts, in-camera hearings, child-sensitive investigative methods, and a presumption of guilt once key facts are established. On paper, the Act seems strong and unwavering. However, the ongoing increase in reported offences indicates a disturbing lack of a deterrent effect. In 2023, nearly 40 per cent of all offences against minors were sexual in character, highlighting that the threat of punishment on its own has not deterred criminal activity. When a statute meant to shield children is statistically linked to rising case numbers year after year, it provokes a critical inquiry: Is the legislation failing the children, or is the system letting down the legislation?

Judicial results further exemplify this contradiction. There are occasions when courts have intervened firmly, enforcing harsh penalties that indicate the seriousness of the offences. In Gujarat, a special POCSO court handed down a 20-year sentence of strict imprisonment to a 25-year-old for the rape of a 15-year-old girl with disabilities, along with the abduction of her younger sister. In Thane, Maharashtra, a man received a 20-year imprisonment term for repeatedly sexually assaulting a minor by falsely promising marriage, which led to her pregnancy. In Vadodara, a court found an 18-year-old guilty of raping a 17-year-old and sentenced him to 20 years in prison, also providing compensation to the victim. These rulings show that when the legal system is applied effectively, it has the ability to achieve harsh and significant justice. However, such cases tend to be exceptions instead of the standard. They represent isolated successes in a judicial framework that is otherwise burdened, where a multitude of cases remain unresolved for extended periods.

A major systemic flaw is linked to the identities of the offenders. Data from the NCRB consistently shows that in the vast majority of child sexual abuse incidents, the alleged perpetrator is not a stranger, but someone the victim knows, frequently a relative, neighbour, family friend, teacher, or employer. This fact undermines the traditional narrative of “stranger danger” and highlights the shortcomings of prevention measures that do not tackle abuse occurring in trusted environments such as homes, schools, and neighbourhoods. When the abuser is part of the child's immediate social circle, the act of reporting becomes filled with anxiety, shame, financial dependency, and societal pressure. Families often refrain from contacting law enforcement due to worries about social exclusion, retaliation, or harm to familial reputation, which allows abuse to persist unchecked and offenders to escape justice.

The problem is worsened by judicial delays. Despite legal requirements for timely investigations and trials under POCSO, a considerable number of cases are stuck at various stages of the justice process. Burdened courts, insufficient special judges, repeated adjournments, uncooperative witnesses, and procedural failures consistently hinder the pursuit of timely justice. Conviction rates fluctuate dramatically across different states and regions, showcasing variations in the quality of investigations and the capability of prosecutors. In many cases, delays do not just undermine the prosecution’s position but also intensify the trauma experienced by child victims, who must endure the abuse repeatedly through drawn-out legal battles. Justice that is postponed in these situations is not just justice denied; it becomes an aggravation of the initial harm.

Social stigma and cultural silence remain significant obstacles to reporting incidents. Even with mandatory reporting requirements established under POCSO, abuse frequently remains hidden due to fears of social shame or disbelief. In rural and marginalised areas, limited legal knowledge and restricted access to support services further inhibit reporting. Consequently, the actual extent of child sexual abuse in India is likely far greater than the already distressing official statistics indicate. The cases that make it to the NCRB records represent only those that overcome the various barriers of fear, silence, and institutional neglect.

The everyday situation is significantly more distressing than what sensational news or viral falsehoods imply. While false narratives like widespread stories concerning a 9-year-old becoming pregnant can skew public discussions, they should not detract from the verified catastrophe that unfolds daily. In 2023, approximately 192 instances of child sexual abuse are logged every day in India, and these statistics only account for cases that have been reported. Every day starts and concludes with children being stripped of their innocence, frequently in silence, often without immediate aid or justice.

Although India’s legal system is strong in theory, it faces increasing challenges in practice. The POCSO Act necessitates non-bailable offences, mandatory reporting requirements, and specialised courts. The Bharatiya Nyaya Sanhita and IPC establish harsher penalties for crimes such as rape, kidnapping, trafficking, and the abduction of minors. Judicial processes highlight the importance of victim support, compensation, and trials with set time limits. However, the growing disconnect between the law and real experiences reveals a structural breakdown that cannot be overlooked. New laws are passed, revisions are celebrated, yet the enforcement is still unpredictable and sporadic. The annual increase in cases indicates a decline in the preventive impact of penalties and that the protective measures are severely lacking.

This situation calls for a nationwide reflection. Policymakers, law enforcement, and civil society need to face the truth that children in India are in ongoing danger and that the current system is failing to react appropriately. Legislation without implementation does not equate to safety; it is a superficial assurance. With nearly 200 children being reported as victims of sexual abuse daily, it is crucial to consider how many others remain unseen, unheard, and unrecorded. The criminal justice system needs to advance from merely reactive punishment to adopting comprehensive prevention tactics, ensuring strong child protection measures, responsible policing, and prompt, victim-focused justice systems.

The environments designed to support children's homes, schools, and communities must not transform into places of dread. Safeguarding children is not only a legal duty under POCSO or a goal of criminal law; it is a constitutional requirement as laid out in Articles 14, 15(3), 21, and 39 of the Indian Constitution. Beyond that, it is a moral and humanitarian responsibility that shapes the ethical backbone of a nation. Until the law translates effectively from written text to real-world application, and until every child can depend on the system for their safety rather than mere survival, India’s assertion of being a country under the rule of law will remain tragically incomplete.