Child-Friendly Justice Under the POCSO Act, 2012: Myth or Reality?

Abstract

The Protection of Children from Sexual Offences (POCSO) Act, 2012, heralded a paradigm shift in Indian criminal jurisprudence, transitioning from a rigid adversarial system to a trauma-informed, child-centric framework. However, over a decade post-enactment, the promise of "child-friendly justice" frequently remains a procedural myth. This article critically examines the dichotomy between the Act’s progressive statutory safeguards—such as shielded cross-examinations and reverse onus clauses—and the grim infrastructural realities of Indian trial courts. Through an analysis of systemic bottlenecks, including the glaring deficit of Vulnerable Witness Deposition Complexes (VWDCs) and the absence of trained support persons, the study highlights the routine secondary victimization of child survivors. Furthermore, it addresses the pressing jurisprudential crisis of the strict age of consent, which inadvertently criminalizes consensual adolescent romance and fractures young families, necessitating frequent interventions by the Supreme Court under Article 142. By synthesizing evolving judicial precedents like Nipun Saxena and Independent Thought, the article advocates for urgent structural reforms. It recommends the universal implementation of VWDCs, the introduction of a legislative "Romeo and Juliet" clause, and the institutionalization of trauma-informed capacity building to ensure the Act fulfills its protective constitutional mandate.

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