Written by Shivam Patel
Tamil Nadu National Law University,
July 2025
Why POCSO Was a Game-Changer in 2012
In May 2012, India enacted the Protection of Children from Sexual Offences (POCSO) Act.[1] Prior to this, no legal definition existed which differentiated sexual crimes against children. The POCSO Act did so and, in addition, gender-neutralized the law, defining offenses such as penetrative and non-penetrative assault, and instituting child-sensitive procedures in courts with accelerated trials and protection for children. It was not an ordinance; it was a lifeline for children in distress.
Signs It Actually Worked… at First
One of the most important contributions of POCSO is the manner in which legal systems have evolved. The child-friendly aspects of the Act from video depositions to isolated cross-examinations softened courtrooms, lowering re-traumatization. Health and police administrations embraced more sensitive treatment of survivors, and social awareness swelled manifold. Families started naming and registering cases that would otherwise have remained concealed under shame or social pressures.
Another milestone was the protection of handicapped children, for under this Act the punishment is stricter whenever the victim is physically or mentally handicapped. This was a considerate provision, as such children are normally more helpless and have fewer resources to help them ventilate their grievances.
But the System Started to Crack
The Madhya Pradesh Horror (February 2025)
In Madhya Pradesh, one Ramesh Khati was first given a death sentence for POCSO. But the High Court had his conviction reversed in 2022 on the grounds of “insufficient evidence.” Shockingly enough, there was no follow-up, no review, and no placement of restrictions at the time of his release. In February 2025, Khati raped and killed an 11-year-old disabled girl, a crime that reflects a system failing not once, but twice. This is not a procedural error, it’s a lifetime tragedy.[2]
The Supreme Court’s Controversial Twist (May 2025)
Another. Another case fueled controversy across the country: a POCSO-convicted individual escaped punishment since he went on to marry his victim, who is now an adult. When the Supreme Court stepped in in May 2025, it ruled that further imprisonment would cause harm to the victim more than the act had caused her when she was a kid. The ruling identified systemic flaws and the consent of the victim now, weighing her well-being against mandatory sentencing.[3]
Yet, at its core is the provision that children cannot give consent. By providing an exception on the grounds of marital status and lapse of time, the Court in effect diluted the Act’s protection. If marriage is a loophole, then why can’t the perpetrators simply wait it out?
Deeper, Systemic Failures
Even when POCSO cases did go to trial, the conviction rate was abysmally low: only about 34% of cases resulted in convictions. Investigations were typically botched: late reporting, bungled medical examinations, lost or ignored forensic evidence families recounted tales of day-long hearings, hostile witnesses, and law officials simply not ready.
Delays in court also became routine, taking years. For minors, prolonging cases aggravates trauma and instills mistrust of justice. And when they finally conclude, there’s minimal or no aftercare, no support networks to assist survivors to heal or monitor offenders who have been released. Many times, judicial responses remained mired in outdated attitudes, victim-blaming, honor-based compromises, and social biases continued to subvert the Act’s purpose.
Time for Real Reform
- Strengthen Investigation Systems
Police and forensic teams must receive specialized training in handling child sexual abuse cases quick collection of evidence, sensitive victim interaction, and timely documentation.
- Introduce a Sex-Offender Registry
A secure database could track convicted abusers particularly those cleared on technicalities. This limits risk and supports law enforcement oversight.
- Criminalize ‘Marrying the Victim’ Loopholes
Legislative amendments should clarify that marriage does not override consent principles. Even a married adult cannot undo a crime committed as a minor.
- Ensure Accountability and Speed
Introduce case-tracking systems with deadlines. If evidence isn’t filed in time or courts delay hearings, there should be consequences—nothing short of systemic neglect.
- Mandate Rehabilitation and Aftercare
Survivors should receive guaranteed psychological support, legal aid, and educational assistance. Offenders need mandatory counseling and risk assessment before reentry.
- Enforce Judicial Responsiveness
Courts must rein in outdated attitudes. POCSO’s purpose isn’t served by victim-blaming or decisions based on social ‘honor.’ Sensitivity and statutory compliance must prevail.
Summing It Up
Ten years have gone by since POCSO vowed to turn the tables. And it did, at least in the beginning. It put child sexual abuse out in the open, introduced fresh legal safeguards, and provided victims with a fairer shot at justice. But time only showed gaps investigative lapses, low conviction rates, bureaucratic neglect, and perilously liberal judgments like the latest Supreme Court case all undermine the law’s integrity.
POCSO is still needed, but it is not enough. Actual protection calls for action strong, aware, and empathetic. It calls for levels of sensitivity developed only over time: for the victims, and for society.
You too can help. Report, query, educate, donate, speak against bias. POCSO provided us with a platform it’s our responsibility to construct the protective wall it was meant to be.
[1] The Protection of Children from Sexual Offences Act, No. 32 of 2012, INDIA CODE (2012).
[2] Paedophile Who Escaped Death Sentence Caught for Rape-Murder of 11-Yr-Old Disabled Girl, Times of India (Bhopal), Feb. 20, 2025, https://timesofindia.indiatimes.com/city/bhopal/paedophile-who-escaped-death-sentence-caught-for-rape-murder-of-11-yr-old-disabled-girl/articleshow/118396953.cms.
[3] Supreme Court Spares Jail Term for Convict in POCSO Case, Cites Systemic Failures, The Hindu, (New Delhi), May 23, 2025, https://www.thehindu.com/news/national/supreme‑court‑spares‑jail‑term‑for‑convict‑in‑pocso‑case‑cites‑systemic‑failures/article69613144.ece.
