Child Sexual Abuse and POCSO: A Concern for Child Rights Jurisprudence

Abstract

Children are the mirror of the future, the statement holds practically well in India, the county of youngsters. In order to flourish at sky limits there is need to protect our children, a protection from various prevalent abuses of society. This paper is basically dealing with the issue of sexual abuse of children. Here author is trying to articulate the issue at its various epistemic and ontological aspirations. The paper is basically starting from the point of various jurisprudential, legal aspects of the issue, where author is highlighting a very basic and important proposition that mere formulation of the law is not the solution to the problem. The one part of the paper is dealing with the sociological aspect of the issue, where author is acknowledging the fact that in order to formulate a just and practical proposition there is need to work at the multidimensional level. There is requirement that all stakeholders should work in hand in hand. The next part of paper is providing the overview of existing legal mechanism related to child sexual abuses. Here author is mainly dealing with the provisions of POCSO Act, Criminal Law Amendment Act, 2013 and Immoral Trafficking. The last part of the paper is dealing with the conclusion, where author is testing the existing laws and submitting different proposals for removal of existing problems related to the issue. Hence the paper is ending with a sceptical thought provoking a further step towards the thinking on the issue.