IVESTIGATING LEGAL AID PROVISIONS FOR VICTIMS OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT (POCSO), 2012
Category: POCSO
「 ✦ Content ✦ 」
However, many victims experience such barriers as inadequacy of the legal aid, and professional legal advice. This paper focuses on legal aid in assisting the POCSO victims, and the general framework of getting through the legal aid programs in India. It points out difficulties of access to legal aid, to which individuals may be prevented by ignorance, poverty, stigmatization, and cultural barriers. The article also looks at the issues that arise when it comes to compensation quantum and some of the recommendations made on how the standard and availability of legal aid could be enhanced. It is not a duty that can be left unfulfilled as is the case with this individual.
KEYWORDS: POCSO (Protection of Children from Sexual Offences) Act, Legal aid, Child victims, Sexual exploitation, Legal assistance, Compensation, Justice & Social stigma.
INTRODUCTION:
According to data gathered by Reuters Foundation, India, which has a child population of more than 444 million, is the sixth most insecure country in the world to be a child. A source conducted a global study to determine the level of safety or otherwise for children and found that India is the most unsafe country for children because the reported cases of child sexual abuse are on the rise. In 2021, according to the National Crime Records Bureau statistics, as many as 1,49,404 children were victims of crimes under the Protection of Children from Sexual Offences (POCSO) Act.
The Act was enacted in the year 2012 due to increased cases of sexual assault on children in India. That is why it has become clear that the complete unsuccessful use of legal help for the victims was the main and decisive problem. It becomes very tough for the victims and their relatives to find a way through the legal system because they cannot afford to hire lawyers or even seek legal aid. This ends up complicating many POCSO offences’ victims seeking access to Legal Aid. As such, it is expedient to understand what POCSO is in order to comprehend the problems and their solutions.
WHAT IS THE POCSO ACT OF 2012?
The POCSO Act 2012 is a complete anti sexual offences law in India to protect children and minors from abuse, exploitation and harassment. The act applies to a person below the age of eighteen years and proscribes several activities concerning children or offenses against children which are as;
Penetrative sexual assault.
Aggravated penetrative sexual assault.
Sexual assault.
Sexual harassment.
Use of children for pornographic purposes.
The Act is centred on severe consequences imposed on the offenders and their offenses in an attempt to address the pain of the suffering childhood victims. Rewarding the offender is done based on the degree or severity of the crime committed. Apart from the above laws made by India, there are also other laws that have been made to help the victims seek legal assistance such as;
The Statutory recognition of the legal aid movement in India was provided with the enactment of the Legal Services Authorities Act 1987 which provided for formation of state legal services authorities and national legal services authorities for providing legal services to the needy people.
The POCSO Act, 2012 mandates that a legal aid should also be given to the child victim during the pre-trial and trial stages with the help of a legal aid counsellor.
One most important aspect highlighted in the Juvenile Justice (Care and Protection of Children) Act, 2015 is the necessity of legal aid for children in distress.
The Nirbhaya Fund which was set up in 2013, offers the basic means of protection such as shelter and food to the victims and groups requiring it also offers fundamental legal assistance.
LEGAL AID: UNDERSTANDING COVENANTS & HOW IT WORKS IN INDIA:
Legal aid is recognized as a fundamental right in India by the Constitution through Article 39A of the Constitution; this states that the state shall provide free legal aid to enable anyone who cannot afford it their opportunity without having to worry about the costs associated with it. Legal aid services are in an organized framework of national, state, and district legal services authorities which cater to the service of free legal representation, consultation, counseling, and preparation of legal documents.
The National Legal Services Authority (NALSA) monitors the implementation of legal aid schemes throughout the country with the help of District Legal Services Authorities (DLSAs) and State Legal Services Authorities (SLSAs) to effectively deliver legal aid services at grassroots level. A person can seek to be taken on by a legal aid by requesting for it as well as submitting documents that meet certain criteria which include; their social status, income, and the matter involved among others.
ISSUES PERTAINING TO THE VICTIM'S COMPENSATION AND LEGAL AID PLANS UNDER THE POCSO ACT:
However, even after the government provides these laws and makes them available to people, the proper legal help and compensation for the victims is not reaching the needy peoples. The Deccan Herald in a report established that the poor rate of conviction in POCSO cases contributes to child endangerment in India. As per the statistics of 2022, 3 % convictions have been observed in POCSO cases almost meaning that child sexual abusers are still roaming free. There are countless reasons why these so-called marginalised persons are being barred from enjoying the benefits of legal aid offered by the government. Some of them are:
• Lack of Awareness among the citizens: One of the reasons is that the majority of the victims and beneficiaries belong to the rural or the marginalized group in society and thus most of them are ignorant of the legal Aid Act and its provisions.
• Resource limitations: The legal aid organisations often encounter challenges in case of inadequate funding, scarcity of better informed personnel while handling the cases of child sexual abuse.
• Social stigma and cultural barriers: It is also socially acceptable for victims and or families not to seek legal help because of shame and tradition, especially if the cases involve relatives or prominent individuals in the society.
CONCLUSION:
The Protection of Children from Sexual Offences Act (POCSO) is very important in India as it upholds children’s rights and well-being. However, victims need to get appropriate support and legal assistance. The research shows the injustices committed towards POCSO victims due to institutional structures that bar them from accessing the justice system.
It calls on authorities, civil society organizations and government agencies to partner in closing the gaps in information, resources, coordination and infrastructure. Addressing these issues may also involve targeted approaches such as capacity building, child friendly facilities, increased funding, public awareness drives and strict audit trails so as to strengthen the legal aid system for POCSO victims.
REFERENCES:
[i] India’s rank in terms of safety of children, available at: https://www.educationworld.in/cover-story-2/
[ii] POCSO Act, 2012, of India, available at: https://byjus.com/free-ias-prep/pocso-act/ (last visited on 23 March, 2024).
[iii] Juvenile Justice Act, 2015 and its provision of providing legal aid, available at: https://i-probono.com/articles/in-search-of-juvenile-justice/ (last visited on 24 March, 2024).
[iv] The Juvenile Justice Act, 2015 (NO. 2 OF 2016), s. 8(3)(c).
[v] Legal Aid in Indian regime, available at: https://www.drishtijudiciary.com/blog/detail/legal-aid-and-access-to-justice-initiatives-and-importance (last visited on 24 March, 2024).
OLQ is a Pan-India basis law firm connecting legal expertise nationwide.
WRITTEN BY: ABHISHEK S CHAUHAN
GUIDED BY: ADVOCATE ANIK
