Child Sexual Abuse in India

Child sexual abuse (CSA) has been identified as a significant issue in India. A welcome improvement has been the enactment of a special law—the Protection of Children from Sexual Offences (POCSO) 2012—which criminalizes several behaviors including rape, molestation, and sexual exploitation of children. The law calls for the creation of special courts to facilitate expeditious trials in CSA cases. The chapter highlights both the intended benefits and the unintended consequences that can arise from applying the law in the Indian context. There is no doubt that the passage of the POCSO is an important step forward in defending the rights of children and advancing the goal of protecting them from sexual abuse, along with related legislation such as the Anti-Child Marriage Act 2006 aimed at reducing child marriage. The law defines a child as anyone under the age of 18, and its letter and spirit are intended to protect children from sexual abuse. However, criminalizing all sexual activity with individuals under 18 can be problematic. This document identifies three main issues raised by the POCSO: age of consent, age determination, and mandatory reporting, highlighting the fact that well-intentioned laws can still have unintended negative effects.