Lok Sabha Question No. 3645 (UNSTARRED), answered on 2025-03-21
Subject: POCSO Act
Ministry: WOMEN AND CHILD DEVELOPMENT
Asked by: Dr. D Ravi Kumar

## GOVERNMENT OF INDIA MINISTRY OF WOMEN AND CHILD DEVELOPMENT

## LOK SABHA

## UNSTARRED QUESTION NO. 3645

TO BE ANSWERED ON 21.03.2025

## POCSO Act.

## 3645.  DR. D RAVI KUMAR:

Will The Minister of Women and Child Development Be Pleased To State:

- (a) the current status of implementation of the Protection of Children from Sexual Offences (POCSO) Act, 2012 along with and the measures taken to ensure its effective enforcement across the country;
- (b) (b)  whether  the  Government has assessed any gaps in the child protection framework, including delays in investigation, lack of forensic infrastructure and inadequate rehabilitation services for child survivors, if so, the details thereof;
- (c) whether the Government has taken any steps to strengthen child protection mechanisms  including  training  of  law  enforcement  officials,  sensitization programmes, establishment of child- friendly courts, if so, the details thereof; and
- (d) whether the Ministry is planning to review/amend existing laws related to child protection in light of new challenges and emerging threats, if so, the details thereof?

## ANSWER

MINISTER OF STATE IN THE MINISTRY OF WOMEN AND CHILD DEVELOPMENT (SHRIMATI SAVITRI THAKUR)

(a) to (d) Government accords the highest priority for ensuring safety and security of children and has undertaken various initiatives in this regard. To safeguard children against  sexual  abuse  and  sexual  harassment,  Government  has  enacted  The Protection of Children from Sexual Offences (POCSO) Act, 2012. It defines a child as any person below the age of 18 years.

The Act was amended in 2019 to introduce more stringent punishment including death penalty for committing sexual crimes on children, with a view to deter the perpetrators & prevent such crimes.

Section 4 of the Act prescribes rigorous imprisonment for a minimum of 20 years, which can extend to life imprisonment, for 'Penetrative Sexual Assault'. If the assault results in the death or causes the victim to be in a persistent vegetative state, Section 6 provides for the death penalty or life imprisonment.

Section 8 outlines imprisonment for a minimum of three to five years for those found guilty of sexual assault, while Section 10 increases this to a minimum of five years for Aggravated  Sexual  Assault  (A  person  can  be  charged  with  this  offense  in  certain aggravating circumstances, such as if the rape occurs within a relationship of trust or authority, or if it leads to pregnancy, among others). Section 14 of the Act imposes imprisonment of up to seven years for using children for pornographic purposes.

Additionally,  the  Act  mandates  special  courts  for  speedy  trials  under  Section  28; ensuring that the cases are handled with the utmost urgency and sensitivity, reflecting the law's zero-tolerance approach to crimes against children.

Further the POCSO Rules, 2020 were also notified to protect the children from exploitation and violence and sexual exploitation. Rule 3 provides that any institution housing children or coming in regular contact with children including schools, creches, sports academies or any other facility for Children must ensure police verification and background check on periodic basis, of every staff, teaching or non-teaching, regular or contractual, or any other person being an employee of such Institution coming in contact  with  the  child.  Such  Institution  shall  also  ensure  that  periodic  training  is organized for sensitizing them on child safety and protection.

Rule-9 of the POCSO Rules provides that the Special Court may, in appropriate cases, on its own or on an application filed by or on behalf of the child, pass an order for interim compensation to meet the needs of the child for relief or rehabilitation at any  stage  after  registration  of  the  First  Information  Report  (FIR).  Such  interim compensation paid to the child shall be adjusted against the final compensation, if any.

Further,  the  POCSO  Rules  also  provide  that  for  special  relief,  if  any,  to  be provided for contingencies such as food, clothes, transport and other essential needs, Child Welfare Committee may recommend immediate payment of such amount. Such immediate payment shall be made within a week of receipt of recommendation from the CWC.

Department  of  Justice  is  implementing  a  scheme  for  setting  up  Fast  Track Special Courts (FTSCs) including Exclusive POCSO Courts for expeditious trial and disposal of cases related to rape and POCSO cases. As per the information received from High Courts, as of 31.01.2025, 754 FTSCs including 404 exclusive POCSO Courts are  functional  in  30  States/UTs,  which  have  disposed  more  than  3,06,000 cases.

Further, the Government has taken various steps from time to time to create awareness of the provisions of the POCSO Act through electronic and print media, consultations, workshops and training programmes with stakeholders concerned. In order to generate awareness about the POCSO Act, a short film was disseminated in Cinema Halls and Doordarshan across the nation. Thereafter, Ministry has undertaken awareness campaign to encompass various aspects of the POCSO Act in an effective manner by way of a short video clips, an audio clip and a poster which have been disseminated  through  various  means  all  over  India.  For  effective  dissemination  of these creatives, they have also been translated into regional languages for effective outreach.  National  Council  of  Educational  Research  and  Training  (NCERT)  has published  Childline  1098  which  is  a  24x7x365  toll  free  Helpline  for  children  and POCSO E-box on the back side of the front cover of all the course books from class 6th  to  class  12th  to  equip  the  children  with  the  information  regarding  the  possible modes of protection/ complaints and emergency outreach.

Ministry  of  Women  and  Child  Development  has  organized  following  zonal conferences  and  sensitization/dissemination  workshops  under  Mission  Vatsalya Scheme:

i. Zonal Conferences :  Outreach  with  State  Governments/UT Administrations and Stakeholders through Zonal Conferences on Strategic Interventions for addressing Malnutrition  Concerns  and  for  the  Development,  Empowerment  and  Protection  of Women and Children including Mission Vatsalya scheme were organised.

ii.   Dissemination  Workshops :  National  Dissemination  Workshop  on  Juvenile Justice  (Care  and  Protection  of  Children  )  Act,  2015,  Protection  of  Children  from Sexual Offences Act, 2012 and the rules there under and the Adoption Regulations, 2017 including  Mission  Vatsalya  Scheme  were  organised  with  all  States/UTs,  line Ministries/  Departments,  representatives  from  Police,  National  Institute  of  Mental Health and Neuro Sciences (NIMHANS), National Commission for Protection of Child Rights (NCPCR), Child Protection functionaries including members of Child Welfare Committees(CWCs)/Juvenile Justice Boards(JJBs) and other stakeholders.

iii.   Workshops  on  Sensitization/  Training  Programme for  representatives  of Panchayati Raj Representatives (PRIs), Urban Local Bodies (ULBs) and Police on Child Rights & Protection including Mission Vatsalya Scheme at Srinagar, Jammu & Kashmir (J&K) in collaboration with UT Administration. This workshop was attended by  officers  from  Ministry,  NCPCR,  UT  of  J&K,  Administrative  and  Police  Training. Institutes, District Child Protection Officers (DCPOs), CWCs, JJBs, Special Juvenile Police Units (SJPUs), representative from UNICEF and other Stakeholders.

iv.   Vatsal  Bharat:  Regional Symposiums on  'Child  Protection,  Child  Safety  and Child Welfare' including Mission Vatsalya were organized at Delhi, Bhopal, Mumbai, Ranchi, Guwahati and Varanasi. In the Regional Symposiums, representatives from States/UTs including members of Child Welfare Committees (CWCs), Juvenile Justice Boards  (JJBs),  Members  of  Village  Child  Protection  Committee  (VCPC)  and Anganwadi Workers had participated.

v.   A  virtual  technical  training  Session  on  the  Modules  of  Institutional  and  NonInstitutional Care in the Mission Vatsalya Portal for North Eastern States (Arunachal

Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim and Tripura) was organized by the Ministry.

Furthermore, NCPCR, as per its mandate under Section 13(1)(h) of the CPCR Act,  2005,  has  also  been  continuously  conducting  sensitization  and  awarenessgeneration activities, along with monitoring efforts, focusing on various critical child protection themes, particularly POCSO mechanisms, to ensure that stakeholders are well-informed, actively involved, and effectively equipped to enhance child protection efforts and address child welfare concerns, especially within the POCSO framework. Engaging a wide range of stakeholders, including government functionaries at the State,  District,  Village,  and  Block  levels,  SPs,  DMs,  NGOs,  CWCs,  DCPOs, volunteers, and others, these initiatives are as follows:

1. Development of Digital Portals : Following the directions of the Hon'ble Supreme Court under SMWP(C) of 4/2020 and SMWP(C) of 6/2021, the Commission developed several digital portals to ensure timely, efficient, and seamless monitoring of data related to violations and deprivation of child rights. One such portal is the Baal SwarajPOCSO tracking portal . This portal facilitates real-time tracking of child sexual abuse cases, providing services like victim compensation and rehabilitation to ensure the care and safety of POCSO victims.

2.  Addressing  Child  Sexual  Abuse  Material  (CSAM) :  In  August  2024,  the Commission convened a meeting on child sexual abuse material (CSAM) , inviting social media platforms to discuss issues surrounding the online availability of sexually provocative material involving children. Additionally, in a joint meeting on 05.08.2024, the  Commission  explored  potential  solutions  to  address  the  alarming  increase  in crimes committed by minors after viewing pornographic content. This meeting included representatives from Ministry of Women and Child Development,  the Ministry of Home Affairs, Ministry of Law and Justice, and others.

3.  Regional  Meetings  on  POCSO  Implementation: The  Commission  organized regional meetings on POCSO: Factors Hindering Implementation and Aspects of Assistance  to  Victims to  address  victim  support  mechanisms  and  identify  specific areas  where  NCPCR/SCPCRs  could  provide  assistance.  These  meetings,  held  in collaboration  with  NALSA,  NFSU,  SVPNPA,  and  BPR&D,  brought  together  key stakeholders,  including  forensic  experts,  police  officials,  and  legal  representatives. Additionally, through its North East Cell, NCPCR conducted consultations and StateLevel  Workshops  on Handling  POCSO  Cases to  enhance  victim  assistance  and improve the implementation of POCSO provisions in the region.

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