An Amendment In POCSO Act: Need Or Not?

By: Itishri Upadhyay,

Assistant Professor,

Faculty of Law,

Kalinga University, Naya Raipur

Email Id: itishri.upadhyay@kalingauniversity.ac.in

Do we consider a child as a blessing of God? Think before answer, because as per the reality it seems different and worst, where is the mankind who are we? Are we among those who are behaving inhuman, immoral with innocents called as a blessing of God i.e. Child. This article is going to deal with a big and serious issue raising many questions. The humanity and morality are rare as well as unseen now days, for those who are indulged in crime related with minors. So, what kind of people we have in our society? Are they called to be human? Questions likewise will be raised until there is no brutal or hard punishment will be given for such heinous crimes. On the other hand, people are protesting lighting candle march etc. for the sake of justice. Justice for alive or dead is another point to be raised. A child with immature state of mind is a victim of sexual assault in our country is a serious issue which is ultimately unfavorable for the growth and development of our nation.

The need of passing the bill in the statutory body for the major amendment in the Protection of Children from Sexual Offences Act, 2012 is really essential as it may not stop the crime but probably decrease the number of crimes against minor such as sexual abuse. I think “Increase of punishment may decrease the crime” along with speedy and fair trial. And that would be a natural justice to the victim with an appropriate amount of compensation which is not only necessary but helpful in rehabilitation of victim.

Meanwhile, the Hon’ble Courts in their recent judgments have decided to list them in the category of rarest of the rare cases where speedy and fair trial may avoid delay in delivering justice to the victims. In case if, no amendment is made then probably there will be another Asifa Jammu Kashmir rape case victim or anyone else will be found fighting for justice like this. It may be any other city or state no matter how far we are going to save our child from these devils but we can try to make them feel safe and aware by teaching them good and bad touch from being a victim rather fighting for justice.

Although, the conclusion is to make or bring out a solution to the problem we are facing today is not only punishing accused but a lesson to the whole society not to commit the same anymore.