Chapter 4: Socio-Legal Challenges and the Impact of Intersectionality

4.1 Impact of Caste, Gender, Disability, and Socio-Economic Status

4.1.1 Intersectionality and Its Relevance in POCSO Cases

Coined by Kimberlé Crenshaw, intersectionality describes the intersection of diverse identities

and forms of discrimination that an individual may face simultaneously. In the Indian context,
the categories of caste, gender, socio-economic class, and disability do not exist in isolation;
rather, they intersect to engender systemic exclusion. The POCSO Act, in its application, tends to
remain blind to this reality. The child may be a victim of sexual violence but would also be Dalit,
female, disabled, and impoverished-all of these identities invite discrimination on their own;
combined they cause pervasive vulnerability.1

Increasingly, the legal literature emphasizes the need to view POCSO implementation through
the intersectional prism. The provisions, while legalistically very strong, rarely consider
contextual disadvantages. For instance, procedural safeguards such as recording the statement of
the child in a safe environment and in the child's own language are often disregarded in the case
of marginalized children who are far more likely to encounter apathy or hostility from officials
legalized as opposed to their privileged counterparts. Further, intersectionality even determines
who gets justice and whose pain is visible or legitimate before the law. Despite India's judiciary's
emerging recognition of intersectional identities, as evidenced by judgments involving Dalit and
tribal women with disabilities, this recognition is yet to permeate judicial sensitivity or result in
systemic safeguards.

4.1.2 Caste-Based Discrimination in Reporting and Justice Delivery

The social evil of caste remains absolutely obligatory in the structure of Indian society. This vice
also extends its tentacles to the operational zones of the various laws for children, such as the

1 Naish Zameer, 'Protection of Children from Sexual Offences Act (POCSO) 2012: A Critical Analysis'
(2023) 3(2) Indian Journal of Integrated Research in Law 1.
Protection of Children from Sexual Offences (POCSO) Act. The children of Dalit and Adivasi
communities often find themselves in a social setting where even the pursuit of justice is actively
being weathered by the existing local power structure. In the awaiting checks. Reports the search
may also be obstructed because of the eminent changed the self and off the review of the russian
missile missiles glen in terms of to avoid France and engross in Pakistan In sexual-violence
cases, the culprits are largely those belonging to superior castes, a state of affairs which has a
negative bearing on the reporting of the events. Perpetrators of crime that extends to rape do not
fear of going to report of their heinous acts since the other arm of the government which is the
police often refuse to register cases of rape or lowers the sexual assault charges2. This was
evident in the Hathras gang-rape case of 2020, where a 19-year-old Dalit girl was allegedly raped
and murdered by four upper-caste men. The police took the body of the deceased young girl to
the place of cremation within the village and consumed her remains there during the night
without family permission, reflecting stronger cast rather victim justice and decency.

The Delta Meghwal case of 2016 also showed that justice can be mystified in matters relating to
caste. The 17- year-old Dalit girl, Delta, was said to have been raped by a staff of a school only
for her body to be picked from a water tank in Rajasthan3. The investigating depth of Mari
Murali case revealed various delays, gaps, apathy having been cast driven as described by the
activists. Judges may find reasons to dismiss the case and give preference to the accused of the
influential class or suppress the facts of the case merely based on the caste of the victim. The
pre-conceived bias of social class existing within the legal system does not act complimentary to
the POCSO Act, making a mockery of the Act, as regards the children of the oppressed groups.

4.1.3 Gendered Dimensions and Societal Stigmas

The trajectory of a POSCO case revolves heavily around gender. Gender norms and expectations
affect how a POSCO case begins and ends, but most importantly, gender stereotypes within
society also contribute to the application of the act. Although POSCO does not differentiate
between genders in terms of the text, was also focused only and more on female children in the
present society. as well as the bones of the child’s child usually tend to deck her by family

2 Pratyush Jha, 'A Critical Analysis of the Protection of Children from Sexual Offences Act, 2012' (2023)
5(1) Indian Journal of Law and Legal Research 1.
3 Satyama Dubey v Union of India AIR 2020 SC 5346, AIRONLINE 2020 SC 792.
relations as per her virginity. The disturbing consequence of such stereotyping is that surmounted
by sections of the population, girls may be of the offender again silenced, withdrawn from all her
studies or even given out in marriage to the offender as a means of “settlement or resolve.”
conveyed.

Many a times, the officers of the law have, on record, tried to get the survivor’s family to reach
an agreement of some sort with the accused person, which also reaffirms the violence as normal
and make the blame rest with the victim. However, this stance becomes most unsettling when a
crime of violence results in pregnancy with the offender taking responsibility for such acts, as it
creates even more hostility than the previous situation. In others, the problem is remedy other
forces such as the community or officials of law and order which force the family tamisha such
as offering the offender marriage. However illogical it may seem, such compromises are forced
onto the victim, depriving her of agency, and the allied women and legal order long term
unintended consequences.

There also is the issue of societal rejection of people who have been sexually in the constitution.
Nevertheless, the fact that they have some sort of stigma attached to the victim hood out of rape
in the community, them as not being embraced by the larger population, including their own
families is a common experience among a number of victims. Also, the survivor may suffer the
much suffering of the psychological abuse and the abuse on the contrary her on the stand because
victims have to first undergo terrible processes in the name of protecting the victims rights and
there is in adequate capacity to protect victims. This has also shown how gender stereotypes as
well as the society in general to a great extent reduce the effectiveness of the POCSO Act. 4

4.1.4 Challenges Faced by Children with Disabilities

Disability is an aspect of risk and vulnerability that is morally and materially charged. If you
meet disabled children somewhere during the child protection gatekeeping it is but a miracle.
India did sign and ratify the United Nations Convention on the Rights of Persons with
Disabilities (create no more text), however incorporating disability initiatives into the borders of
POSCO still evidences deficits. Many intellectual or developmental disability victims are not
able to share their stories simply because they have never been equipped with the assistive

4 B Y Satyam Sinha, ‘The POCSO Act: Judicial Insensitivity and Implementation Issues’ (2024) 14(3) IUP
Law Review.
technologies or the technical personnel or others they had around were ignorant of their needs.
Even the simple act of taking a statement from a child in a comfortable and convenient place is
often not observed.
In one of the cases I came across such a minor, with deaf and dumb disabilities, narrated how she
had been sexually abused repeatedly by one of her uncles. Unfortunately, she was incompetent to
testify in court because no interpreter was available; the matter was litigated in an adversarial
fashion rather than responding to the needs of the child. No evidence could not help her when
she was wronged. Such incidents are not occasional rather the prevailing practice. Some more
failures are expected. The lack of training among and judges reinforces exclusion and the society
is burdened even more by disabled child victims who are shunned away due to the weak legal
regime.
Most importantly, where disabled children should feel safe are residential centres though there
have instead become havens of maltreatment. National Commission for Child Protection
(NCPCR) and civil society including raised the issue of poor monitoring and evaluation, staff
abuse as well as lack of grievance redressal mechanisms. It is highly unfortunate that those that
are in desperate need of state protection are also more vulnerable to maltreatment while under
the same care.

4.1.5 Socio-Economic Status and Its Influence on Access to Justice

Under the stated regulations, economic desolation carries structural ramifications for justice
available for victims in the ambit of the POCSO norm. The Environment of Law though ensures,
that legal aid is provided by the State under the Legal Services authorities Act, these services do
not meet all standards or are even readily available in the areas where they are expected to be
used by the poor people. Many a time, such families are not able to seek inform legal aid, under
the myth that is the lawyer’s work. This is influenced by what they view, learn or know, counts
many times towards their capacity to make positive impact on society as far as protecting and
defending the rights of children is concerned. This is further compounded by the fact that most of
the legal aid services, including those of local advocates, are not wholly free but entail some
procedural costs which have also traumatized the concept of access to justice for the poor. In
many cases, police officers demand bribes to take up a complaint or/and conduct an investigation
thereby compounding to the disincentive in reporting.The recent case of Muzaffarpur Home case
(2018) exemplifies how socio-economic status determines’ vulnerability. Girls from
marginalized communities, residing in a shelter that was ’socialized" and ‘'government-
controlled, were degraded over a long duration administration by individuals known to have
political links. Even after several regular inspections, the abuse continued for the reported years
suggesting that there was more than what seems to be the case that there was negligence but even
institutional complicity. Finally, when the matter came to court, the survivors complained of
threats from some staff members of the shelter and from other persons once the children came
out of the shelter.5

Also, victims of poor structural backgrounds often may not know they have a right to
compensation under the Victim Compensation Scheme. Irrespective of whether there is such an
award or not there is likely to be delays in remittance. A report published by HAQ: Centre for
Child Rights in 2011 stated that most states had not developed the criteria for compensating the
victim under POCSO which had resulted in monies being unspent In this regard, poverty
problem can make access to justice available or excludes people from this service. It can also
turn out to be categorically the determining as to who benefits from the law and who might be
excluded as it fails to protect the rights and freedoms of the disadvantaged group or section of
the society.

4.1.6 Structural Discrimination and Its Impact on Legal Outcomes

Besides this, there is a major issue that arises from a social stigma above. Structural wrongly
designed with limited NGOs is one of the challenges that Ghana faces for operationalizing the
POCSA Law with less opposition. The attitude of law enforcement agencies tends to preserve
the rights of most practitioners. It is the case that in many Reports the appropriate Report was not
filed promptly and there is no report of proper record taking during medical examination. It is
also common to find that statements are recorded where the witness cannot enjoy the presence of
the third party as provided for in the Protocol. Consequently it is quite difficult to prosecute

5 Victoire Girard, Cléo Chassonnery-Zaïgouche and Peter Mayer, ‘Measuring Caste-Based

Discrimination’ in Surinder S Jodhka and James Manor (eds), Dalits in the New Millennium (Oxford
University Press 2023) 414
cases with such situations since most of the necessary evidence has been tampered with, lost or
destroyed.6

Court delays and failures of the administrative system also mean that the victim’s hope of getting
justice becomes prolonged. The Court Analysis of the Trial Courts of the country in the Cases of
Criminal abuse to a child records 22706 cases pending as on 7th INTERMING judgment will
arise in 47.88 percentage of the Children’s Cases tried at a POCSO Court, hear persons with a
microphone system is already in place ̶ ratio of judicial officers to POCSO matters. For a child
survivor, this means continued pain, intimidation, and a lack of bearing full responsibility and
experiences of fear. In addition, court houses lack facilities that are safe for children and, Judges
are never trained to be friendly with children due to which, they suffer the pain of aggressive
manner of questioning when they are being the court. More so, such controls also effects mainly
in rural areas where there are few if any Special Courts established for POCSO cases with huge
backlog of other cases been undertaken by POCSO Judges.

Further, the inappropriate plea of the POCSO Act, particularly in the area of consensual sexual
activity, undermines the Act as well. Number of cases involving adolescent lovers are getting
advertise in the courts where parents and society as a whole are against love relationships mixing
various castes and religion. This also covers the right to refuse prosecution, which often has a
reverse effect on the young generation itself as anything can be taken to be the offence, a serious
offence including temptations to the outwardly offensive affections between young people.
Although it is necessary to protect teenagers, wide application of the law makes it look less like
the protection to the children act than an excessive moral obedience court.

4.1.7 Recommendations for Addressing Intersectional Challenges

Many significant reforms are needed to address the gap between the objectives of the laws and
Bhartiya Constitution vis a vis its realization in practice. One such reform is regarding the
training of practising professionals in the system like police officers, medical personnel, and
judiciary. So, every professional training should have a large module on the understanding of
intersectionality, caste, and gender, justice to people with disabilities, and lastly, trauma care.
6 Binita Bishwakarma, ‘The Police Respond to Caste-Based Discrimination against Dalit Women in
Nepal’ in International Hybrid Conference on “Current Issues in Human Rights and Development
Research” (2023) 180.
Apart from this, Separate units should be created within the police department that would
especially deal with the child victims of POCSO with focus on the children belonging to Dalits,
Adivasis and other backward and minority groups.7

The other step is the simplification of procedures and the making of a commitment to the birth of
a child. This means that steps should be taken to establish helplines pertaining specifically to
children and women, establish mobile legal clinics, have children areas both within the police
stations and court premises, as well as establish the requirement of support persons in each and
every hearing. Children with disabilities should be provided enable guidelines to participation in
every event of their development concerning the use of such devices as sensory devices,
interpreters as well as counselors in which education can be.

Another issue with the scheme is that the timelines set for the victim compensation are exceeded.
One recommendation is to ensure that the package is disbursed to the injured within the
timeframe. And rehabilitation is not to reduce shortterm compensation but extend long-term
comprehensive services such as psychosocial support, educational tools, and programs of
reintegration into society.

Lastly, the functioning of the structures has to be changed in order to guarantee the maintenance
of accountability. Furthermore, performance of judicial and police staff in such cases is to be
independently checked by periodic evaluations. In promoting proper accountability democratic
control over the authorities and especially in cases of child abuse can be entrenched via creation
of community based monitors including the NGOs, child rights commissions, and other civil
actors which would promote greater understanding and responsivenes8s.

4.2 Criminalization of Adolescent Consensual Relationships

4.2.1 Legal Framework vs. Social Realities

7 Pintu Kabiraj, ‘Inequality and Caste-Based Crime in India’ (2025) 60(4) Journal of Asian and African
Studies 2135.
8 Zubin Ronnie, ‘An Analysis of the Effectivity of Child Protection Legislation and Policies’ (2020) 1 Law
Essentials Journal 57.
The Protection of Children from Sexual Assault (POCA) Act of India was instituted in 2012 to
protect children from sexual exploitation while in the age range of under 18 years. Due to this, it
criminalizes all sexual activities not favoring any form of sexual abuse towards children below
18 years. In particular, in India where the age of consent is 16, there are cases where even a
slight difference in age between young lovers cannot be entertained because the two are
considered wayward and ‘PAV cases’ – consensual sex between young partners in violation of
the POCSO Act.

Besides, the data collected from the National Family Health Survey states that more than one
half of the adolescent population was involved in sexual activities, which they consented to
among themselves, it goes against this and it is necessary to make a clear distinction and
definition in this regard. This actually brings two problems to the court, one, criminalization of a
very common and naturally occurring adolescent behavior and two, the requirement of the court
to act on its procedures without consideration of the laws intents.9

Recognition should also be given to the fact that the POCA Act’s provisions have been found not
to be adequately flexible as concerns the changing needs of adolescents. Generally, the law
assumes that those under 18 years cannot be considered as having capacity to give consent which
is a myopic view that ignores the complexities of adolescence as a stage of development and also
the age at which they are supposed to exercise their capabilities. With such an ideology a danger
of criminalizing young people for simply engaging in mutually consented relationships arises
hence infringing on their rights and opportunities.

4.2.2 Impact on Reproductive Health Rights and Autonomy of Adolescents

The criminalisation of sexual relations, among the age groups, under POCSO triggers
complications in the adolescents’ reproductive health once again. It is hard to bear the contention
of healthcare providers reporting even the tiniest activity involving minors because most children
and young people do not seek help of medical and healthcare providers including family
planning services and safe abortion services; and so they cannot use contraception usually.

9 Shikha Maan, ‘Protection of Children from Sexual Offences: An Analysis of the POCSO Act, 2012’
(2022) 4(4) Indian Journal of Law and Legal Research 1.
Such laws pile Edna priorities hypocritically onto the endangered when it comes to maternal care
especially the female adolescent. As a result, young people with such illicit conditions may
experience more serious health risks. In addition, the legal apprehension only serves to aggravate
the spirit of denial imbedded with these adolescents that arises from the complexity of the body
and actually denies them the space to make certain decisions as pertains control of one’s body. 10

Equally, the concept of reporting under the POCSO Act places healthcare professionals at not
only a legal but also an ethical dilemma in relation to confidentiality ‘rights unless these rights
do more harm than good. This challenge can act as a stumbling block in provision of effective
sexual and reproductive health services for adolescents further passing the buck to the issue of
this population.

4.2.3 Judicial Trends and the Need for a Nuanced Approach

The topic of adolescent consensual relations being extremely complicated, a number of courts in
India have called for the Act to be applied in a subtle way. In India such an approach was
highlighted by the High Court of Allahabad which pronounced in a landmark ruling that the
Act’s purpose was not to make consensual relational activities between teenagers as minors a
criminal act. The court, in this regard, rejected the implementation of POCSO in cases of
juvenile erotic or affectionate behavior giving rise to tension in the community and remarked on
the necessity of looking beyond such acts if they did not contain elements of exploitation.
In a parallel vein, the High Court of Culcatta too has proposed that amends be made in the law so
as to protect liaisons between teens that are made voluntarily. The court stated that it is rather
imperative in present scenario to take into account the growing competency of juveniles and
further the selfdevelopment in relations in the personal sphere among them.11
The reservations about this aspect on the part of the judiciary echoes current trends in adjusting
the balance between the provisions of POCSO and the sector of adolescence. Ethical, legislative
and more specifically, POCSO issues are meditated with the necessity of a clear classification on

10 Kirby L Wycoff and Meredith Matone, ‘Amplifying the Need for Trauma-Informed Sexual and
Reproductive Health Care for At-Risk Adolescents during Times of Social and Political Complexity’ (2019)
65(2) Journal of Adolescent Health 181.
11 Sakkcham Singh Parmaar, ‘Analyzing the Impact of Judicial Weaknesses on Legal Outcomes and
Public Trust: A Study of Recent Controversial Judgments’ (2024).
the scope of exploitation of minors and equally or even more urgently, prevention of any
transgression to their rights and enjoyment so enshrined in law which as a result would
ameliorate the tensions towards underserved outcries.
Finally, the implementation of the child protective provisions under the POCSO Act is very
effective in addressing sex crimes. However, with the recent perspective of how persistent the
extension of application will be is to target consensual relations among the younger members of
the community. Alterations to the laws should be the way achieved through a new commission to
evaluate the social and judicial situation concerning teenagers and effectivly cover them of each
other, where limit in criminalization of abnormal acts that may cause harm, is not abrogated. 12

4.3 Community Responses and Societal Perceptions

4.3.1 Victim Blaming

Nowadays, particularly in India, there is an issue of victim blaming, but focusing on child sexual
abuse (CSA) eradication. This involves the act of transferring or attributing the guilt for the
abuse from the abuser to the person who has been abused. It occurs in a number of ways:
disbelieving the behavior of the child, the clothes the child has been wearing, the place the child
was seen, or the child’s inclination to disclose the abuse. Such attitudes are not unilateral but are
influenced by the culture of the region and societal expectations of males and females including
the sense of male chauvinism, rather the generalized esteem of “honor” with women-specific
virginity, and the honor of the family specifically.

The other consequence of stigmatizing the child is that it reduces the levels of reports made by
the victims or their families. Many victims come across communications that directly or in
hidden terms suggest that they did something or broke some rules for which they are blamed for
inviting the abuse in the first place. The case becomes worse for child victims because most of
these children have not acquired the capacity and the rationality to ‘consent’ but are actually
right at the receiving end of these social judgments. This results in underreporting, as the
sexually abused child may be worried about being rejected, victim minded or unheard within
their community and family respectively.

12 Raghavendra Mishra, ‘Child Abuse and Media’ (2021) 1(2) Bayan College International Journal of
Multidisciplinary Research.
Studies and on-the-ground observations show that survivors are commonly grilled as to on their
whereabouts, dressing in a particular way, communicating with or having knowledge of the
perpetrator all presented as evidence of lack of morality. Such an interrogative approach which
makes the child feel like the devil does a lot of harm other than making the child to take such a
step of breaking the silence. For example, survivors argue that they feel self-earned hatred when
they undergo treatment or face questioning by the police, avenging and hostile questions
undermining the spirit that criminals would be prosecuted for violations of the POCSO ACT.

Additionally, it is of note to recognize that victim blaming does not only occur in the form of
immediate questioning but rather goes on even after individuals have seen the reporting process.
Many times, survivors and their families have to cope with societal condemnation that tags them
with a “dishonored” label which may result in their being forced to leave their homes. 13 There is
a double binding of stigma here, for not only does the stigma harm the physical freedom of the
victim, but it also destroys existence of the family by affecting relationships such as marital
engagements, economic prospects and position in the society. Situations such as these present a
dilemma where families argues that they have to protect family “prestige” and not seek legal
actions against offenders thereby this encourages silence and impunity for the wrongdoers. By no
means can the aftermath of victim blaming be overlooked. Survivors display excesses in trauma,
depression, feelings of alienation, and anguish all of which interfere with their recovery.

The provision of a conducive environment is minimal if not lacking, thus the victims tend to
suffer in time as everyone has come to learn, and many of the victims remain silent because of
sanctions which more often than not are difficult to face due to social factors. That said, you will
understand the urgency of launching a sensitization program to fight victim blaming along with
ways to protect and talk about the well-being of survivors.

Many organizations working on women and child rights in India have begun working on
campaigns targeting culturally ingrained factor of victim blaming. Many of these programmes
for traditional masculinities and attitudes teach men and boys that they can be proactively
engaged in the solution promoting respectful conduct towards women and children. Workshops
on legal literacy for non-metropolitan areas specifically provide that the child has done nothing

13 acqueline Mabatah, ‘Blaming the Victim: The Intersections of Race, Domestic Violence, and Child
Neglect Laws’ (2016) 8 Georgetown Law Journal & Modern Critical Race Perspectives 355.
wrong in any circumstances in an effort to alter deep-seated beliefs. These NGO efforts are good,
however, they need more state reinforcement and incorporation into educational curriculum on
the school level, health services provision and enforcement of law.

4.3.2 Family and Community Pressures

It is known that abuse is always feared. It is deemed necessary to undertake measures aimed at
addressing the issues, difficulties and challenges experienced by the sexually abused child as
well as implementing the law to protect the same. In the first instance, like in several other
societies and communities, it is more often than not the family which is the first point of
awareness or report on suspected or disclosed abuse. Commonly though, instead of people with
boxes being safeguarding sources for change and therapies, and there opposition to social justice
works, it could be the case that family members may actually support the offending member.
These factors are such that while justice is expected to extend the protection from such abuses, it
is rarely, if ever, does so in manner that actually assists the intent. There are people who will
always put up with anything as long as nothing is done that would break the cohesion of
communities and that those who dare to even think of those rights are vilified and dismissed with
the assertion that ythese are the norm.14

Economic dependency in the concerned families is also a vital factor influencing the conduct of
the family members Many of these abused children are from poor families whose social status is
such that they are dependent on the perpetrators or alternatively the perpetrators’ family for
support or employment Consequently, families resort to extreme tactics of not complaining
since, doing this might jeopardize their resources. These problems are even more severe in the
cases of physical and sexual domestic violence in the family or involving influential members in
the society, as such other families are of fear for such returns or loss of favour.

Moreover, community attitudes exacerbate these factors of intimidation, where the support
structure serves to cover up and protect these abusers. In the case of many Indian communities,
which are very ethnic and members are found within an easy reach from one another, with the
disclosure of abuse the whole communal web is destabilized. People are socialized to support
14 Maria Rosaria Juli, Rebecca Juli, Giada Juli and Stefania Figliuzzi, ‘Victim Blaming: Being a Victim
Twice. Comparison of Emotional and Socio-Cultural Aspects’ (2023) 35 Suppl 2 Psychiatria Danubina
150.
those who have attained social, econ or political power within the society and in most cases such
people may use force or threats against victims or witnesses. This then creates a culture of yes-a-
very-bad-practice-indeed where criminals escape the blame due to the help of the people.

Equally, norms relating to the roles of men and women in the society determine how the
community reacts to CSA. The preservation of ‘a girl’s honour’, that is safeguarding her
virginity, has caused actions which cause further harm to victims. Thus, at times, the victims are
forced into marriage to save the family honor thus deepening their misery and limiting them
from accessing education, health and justice. Which is a result of a deeper system of patriarchy
that places particular values to women and girls based not on their individual attributes but the
essence of whether these genders are productive or not.15

Yet, even in these conditions, there are efforts from different members of community in support
to CSA survivors. They have initiated building up survivor support groups and places where both
the victims and families can narrate their stories without the fear of anything. Nevertheless in
some societies, campaigns have educated the people to welcome the ideas of justice and care,
rather than avoiding guilt and hiding crimes.

In a case in Kachatulka village in the northeast of India for example, a women who had been
gang-raped was ostracized and threatened with violence so were her family members. Yet,
consistent interventions by local civil society actors alongside changing behaviour of the youth
succeeded in rallying the community towards the victims such that the perpetrators were brought
to justice. It is the success of this case that one sees that with the right composition of the society
such practices can be challenged and led towards ensuring justice.

Besides this, changes in law and judicial pronouncements are beginning to recognise the
significance of engaging the community towards protection of the child. The highest court of
India has taken a lead in this respect by stating that child's safety would demand more
empowerment through community endeavor than mere legislation. It has asked state
governments to get involved and make use of adult citizens, respective Panchayats, urban
municipal councils and others for educating and preventing child abuse.

15 Daniela Grignoli, Danilo Boriati and Mariangela D’Ambrosio, ‘From the Patriarchal Vision to the
Empowerment of Women through Secondary Victimization and Victim Blaming’ (2024) 8 Social & Social
Work Review 103.
4.3.3 The Intersection of Victim Blaming and Family Pressures

It is the juncture between the victim–blaming culture and the societal and familial expectations
that gives rise to an intricate labyrinth that greatly influences any effort towards reporting,
investigation and trial of CSA cases under the purview of POCSO. Quite often, especially in the
Indian scenario, the victims are caught between severe societal disapproval on the one hand and
an expectation to maintain their silence for the sake of the family on the other.

The above aggravates the exposure of certain children to risks, especially al within the
marginalized sectors, as the case may be, girls suffering from ‘double’ discrimination within two
or more oppressed positions. For example, Dalilt and tribal girls often face intensified instances
of victim blaming and social exclusion when they report sexual abuse even if their families
suffer from lack of support in the process of seeking justice. Such multiple vulnerabilities seem
to arise gaps in the present legal framework that does not consider sociocultural aspects much.

We know from research that people are afraid of being blamed or rejected after disclosing what
happened to them, that is, they may never disclose anything or delay in reporting thinks where
they are the ones on the receiving end. For example, physical or sexual abused young people are
abandoned within their homes because there is nowhere else to go. These feelings combined with
the loss of support and the sense that these close relatives have become enemies exaggerate the
psychological problem.

POCSO prescribes the use of procedures that are developmentally appropriate to children and
judicial administration of relief through the establishment of Special Courts. Yet, these efforts
may be counterproductive if the societal and familial environment still discourages victims from
seeking the help promised under the law. In this view, child protection will work best if the legal
provisions are complemented by other supportive mechanisms at the community level.

4.3.4 Addressing Victim Blaming and Family Pressures: Recommendations

To address the issues of blaming the victim and social influence to practice it, that hamper the
standing existence of the law, there is a need for a change in the system of the country. On the
other hand, there is a consensus of some acts of the act in a general way. It is rather disturbed
when educating adults, since learning for other learners continues only in 1. Settings directed at
eradicating these factors should therefore be developed and education should be disseminated in
a re-education of duty within the society.

1. Awareness and capacity building of various Stakeholders, including Police, judiciary, health
functionaries and social workers: To overcome entrenched victim blaming attitudes, it is
necessary that police, judiciary, healthcare providers and social workers receive training, in
tremendous relevance and need.

The trainings should assist people to understand the concept of trauma informed care and respect
victims as they progress through the legal process.

2. Conducting Community Awareness: Alsoit is important that public too is educated so that
there are no fictionalisms when it comes to the issue of child sexual abuse. This will also require
active participation of opinion leaders, religious leaders and teachers to achieve societal and
credibility.

3. Encouraging the strengthening of Listening and Support systems: In the bid to effectively
reduce the mental health burden following abuse and stigma there is a need to provide survivors
and families with accessible psychological therapies. These remedies include the structures of
safe houses and the community protection mechanisms and among the remedies is the problem
of showing children unable to change.

4. Legal Reforms: The Act can only deter the accused if the Act is given teeth through the
insertion of provisions that criminalize oppressing the victim while in court and imposing stiffer
penalties for intimidation or coercion of victims and witnesses.

5. Engaging Survivors in Policy: Survivors can be more powerful agents of change and helped
by giving them control over policies and projects along with mass media campaigns in such a
manner that it helps them extend.16

16 Ruchi Sinha, Suneha Kandpal, Tuhina Sharma and Pekham Basu, ‘Navigating Complexities:
Confronting Family and Gendered Violence and Conflict Through Social Work’ in Family and Gendered
Violence and Conflict: Pan-Continent Reach (Springer International Publishing 2024) 1–22.
6. Encouraging Gender Emancipation and Social Integration: The endeavor needs more than the
promise of child care. The system that forms a student has to change over time. Efforts to help
women, for example girls and to the poorer sections of the communities, should be established.

4.4 Stakeholder Perspectives

4.4.1 Non-Governmental Organizations (NGOs)

Non-Governmental Organizations (NGOs) have been instrumental in both advocating for and
implementing the Protection of Children from Sexual Offences (POCSO) Act. Their grassroots
presence and direct engagement with affected communities position them uniquely to observe
the Act's practical implications and challenges.17

Implementation Support and Advocacy

NGOs like Arpan have been at the forefront of providing therapeutic support to child survivors
of sexual abuse. They offer counseling services, legal aid, and rehabilitation programs, ensuring
that survivors receive holistic care. Arpan, for instance, has emphasized the importance of
creating child-friendly environments in legal and medical settings to reduce secondary trauma
during the judicial process.

Challenges Highlighted by NGOs

As comprehensible and kind in nature as the POCSO Act might come off as, some positions held
by the national and international child care organizations feel like ground level responses have
omitted a few aspects or perhaps polices are not very practical and user friendly resources. One
of the most striking lack of awareness is the limitation of resources. Many of the Non-
Governmental Organizations NGO’s that most especially operate in the outskirts or the ignored
come from the perspective that they are working on shoe string budgets without any or minimal
government backing. This aspect of limitation of ability also hits them as regards service
delivery to child victims of sexual violence over the length of time. This means that in many
cases essential services like shrinks, legal assistances, materials for rehabilitation work,
17 Renu Sharma, ‘Bridging Gaps in Child Protection: An in-Depth Analysis of Stakeholder Awareness
and Response to Familial Child Abuse’ (2024) 7 Issue 1 International Journal of Law Management &
Humanities 1582.
protection centers among others services are minimized or sacrificed due to lack of adequate
number of skilled personnel, appropriate tools and equipment, or existing infrastructure if any.18
At present, many non-government organizations, such as Bachpan Bachao Andolan and
Childline India Foundation, are dedicated to the larger cause by taking up calls, intervening and
rescuing children from hazardous situations but are unable to go to the next level in providing
care due to lack of money to pay for such care and the limitations that come with employment. 19

One more existing problem is the complete lack of knowledge on the POCSO Act among
adolescents and adults. This blank is well crafted for many and is often silent from the part of;
victims and their families do not know their entitlements; educators, school and community
administration have no information about the mandates for reporting; even the service providers
in the frontlines are not conversant with the entire POCSO act. The gap of knowledge is very
great, and as the result of this, it easy to see that sexual crimes among the minors are under
reported. In these sections many believe that the cultures actually forbids sexual harassment and
they cannot talk about it. A Save the Children conducted a research and found that more than 70
percent of interviewed children living in the slums of Delhi did not know where to go for help if
they became victims of sexual abuse. It actually reinforces the justice structures that can be
attained in terms of justice system and isolation of the victim which she lacks apart from that
institutional remedy.

Thirdly, punishment has been on the aspect that NGOs identify as a problem in the cooperation
of states with NGOs. Such coordination includes the police, judicial organs, Child Welfare
Committees(CWCs), and the District Child Protection Units(DCPUs) to name a few. Often
times, law enforcement agents, such as the police, may not be of any help and may even show
reluctance or even disdain when NGOs want to file a complaint or when prompt investigations
are required. Yet, the children-friendly aspect of the law in terms of police procedures
notwithstanding, there seems to be a case where other than the fact that the victim has been
sexually abused, no further information is gathered without the contact with the formal systems
such as the police as they ask for the employees to function in this fashion. The portrayed
secondary victimization may even inflict wounds to the child and further hinder relatives and

18 Jidnyasa Kshirsagar, ‘POSCO—an Effective Act of the Era’ (2020) 18 Supremo Amicus 428.
19 Meenakshi Saharan, ‘Exploring Stakeholder’s Perspective on Children’s Sexual Agency: A brief
Qualitative’ (2019) Selected Works of Young Social Science Researchers vol 1 1.
care givers from seeking legal redress. Ultimately, with the presence of drug cartels, universities,
prisons, failed counseling sessions, judicial delays and inoperational Special Courts especially in
rural areas, some cases are kept alive over no less than several years yet the aggrieved parties get
no restitution either in the form of judgments or even damages awarded.

Corresponding to the needs created by the aforementioned barriers, it is the view of many NGOs
that the POCSO Act while effective, nevertheless has several shortcomings. The weak
implementation of POCSO has elicited various recommendations from NGOS particularly the
need for training of various stakeholders capable of advancing effectiveness. They argue that
very often the effectiveness of a law will depend on the knowledge and preparedness of those
responsible for its enforcement.20 These sessions should incorporate training on POCSO legal
process, trauma counselling, children behaviour, confidentiality and protection of privacy of the
children, and ethics. This is vital to mention the training such as “Personal Safety Education
Programme” of the organization “Arpan”, which enables teachers and social workers, to learn
how to identify abuse signs and help children. In this way capacity building can be seen to be
effective.

Another critical proposal concerns the outreach efforts that should be directed towards educating
the public. These include enhancements in the scope of awareness initiatives to involve more
stakeholders such as homes, schools, places of worship and grassroots leaders so they can
understand child lace children together with the medical provisions pursuant to the POCSO.
These promotional programs can be carried out in different digital forms like street plays; radio
programs; WhatsApp based learning and local caretakers in the community.21 On some
occasions, such awareness campaigns have yielded a positive change in the perspective of the
people even in regions such as Kerala, where the state government and NGOs in the child sector
have initiated the "Our Responsibility to Children" initiative which includes school based work
and parent engagement etc.

Furthermore, there is a demand for changes in the areas of various policies and laws to cope with
new challenges, and due to these counteracting measures, pressure on state institutions is

20 Sunil Sudhakar Varnekar and Upankar Chutia, ‘Navigating Consensual Relationships: Understanding
the POCSO Act’ (unpublished).
21 Shailesh Kumar, ‘Access to Justice and Sexual Violence Against Children in India: An Empirical Study
of the Reforms under the POCSO
growing. One of the critical issues is that the Act has been used against minor-involved
adolescents in consensual romantic relationships, where age becomes an issue and one of the
minors is considered a criminal for choosing to marry the other as per terms of the Act. NGOs
like HAQ: Centre for Child Rights prefer carrying an introductory “close-in-age” clause that
gives power to the judges to decide that a girl and a boy charged with rape are in violation of the
above law. Apart from this, they propose amending laws to reduce the number of legislative
procedures and also to make it mandatory that investigations and trials are conducted or
concluded within specific period.

Again, it will not suffice to have laws standing on their own, institutional changes are inevitable
reforms that the NGOs have also far too advanced. A pure example of DJ while in rape victims
the few f such as CWC needs to be enhanced as it provides services to alleviated child victims of
abuse. Most of the CWCs at present lack personnel who are gender- and children-friendly and
this poses barriers to child victims testifying. It is thus for this reason that NGOs request the
presence and services of experts such as child psychologists and social workers who have
received training in the treatment of children and juvenile justice. Furthermore, they propose the
establishment of One Stop Centres in every district which can offer the victims treatment,
counseling, legal advice, and shelter under one roof so that the misinformation is avoided and
that a more caring response system is put in place.22

Finally, Last but definitely not least, utmost importance is attributed to the fact that there is a
need for monitoring and evaluation in order to ensure that POCSO is obeyed by all. Regular
evaluations, data collection and performance appraisals in the implementation of POCSO across
states are requested. Without this, it is hard to measure success or find the missing elements in
the fight against children. For instance, CRY (Child Rights and You) has put forth this view by
suggesting that every year state governments conduct surveillance to oversee the execution of
POCSO and publish the data further indicating the number of cases filed, the situation
concerning their lawsuits, if any, the sentences of those convicts, and lastly the assistance
extended to the survivors of the same.23

22 (Protection of Children from Sexual Offences) Act 2012’ (PhD thesis, Birkbeck, University of London
2023).
23 Pragya Lodha and Avinash De Sousa, ‘The Prevention of Child Sexual Offences (POCSO) Act And
Ethical Considerations for Children in Therapeutic Practice’ (2017) Global Bioethics Enquiry 87.
In summary, as the printwork underlines, while it will not be incorrect to argue that NGOs have
emerged as the backbone of efforts to implement and advocate for the POCSO Act, their
interface practice is a collection of gaps ranging from structural hiccups to procedural
inefficiencies and deeper societal issues. And filling these gaps also means addressing these
issues cost wise, facilitating the policy processes, creating the necessary cross-sector linkages,
carrying out social advocacy, and purpose focusing on trainings. The recognition that legal aid
and ground realities do not often align has enabled several recommendations from the NGOs on
how to improve the POCSO framework in real situations.

4.4.2 Activists

Activists have historically played a vital role in championing child rights in India, and their
involvement has been pivotal in the formulation, critique, and evolution of the Protection of
Children from Sexual Offences (POCSO) Act. Often working at the intersection of public
discourse, policy advocacy, and legal reform, child rights activists not only raise awareness about
incidents of child sexual abuse but also pressure institutions to respond more sensitively and
swiftly to such cases. Their activism contributes significantly to shifting societal perceptions,
demanding legal accountability, and foregrounding the rights of child survivors within the justice
system.

One of the most impactful contributions of activists has been their relentless work in highlighting
systemic failures in the enforcement of the POCSO Act. Numerous activists have documented
how the Act, despite its progressive spirit, suffers from inconsistent and, at times, selective
implementation. A particularly illustrative case is that of Brij Bhushan Singh, then-president of
the Wrestling Federation of India, who was accused of sexual harassment, including under
provisions of the POCSO Act. Activists like Vinesh Phogat, herself a decorated wrestler and
vocal critic of the mishandling of complaints, brought national attention to the perceived
shielding of powerful figures. Despite the gravity of the allegations and their public visibility, the
eventual dismissal of charges prompted widespread concern among activists about the misuse of
legal discretion and the silencing of survivors. This case is emblematic of broader patterns where
survivors, particularly when their abusers are influential, face uphill legal and social battles even
with the statutory backing of POCSO.

Besides pointing out lack of compliance, community leaders have also demanded victim-
centered approach to the child sexual abuse cases. They assert that the POCSO Act has some
provisions which are helpful to children like the constitution of special courts and in camera
trials among others but they are not working. The media has consistently asked that cases should
be tried quickly since there is no benefit in referring to justice for children who suffer damages
over long periods of time. One even risks retaining such memories and it thus becomes difficult
to ascertain if the judgment still has its impact on the person or the incident is now a thing of the
past. As seen in reports from states like Uttar Pradesh and Bihar, there are many POCSO courts
which do not have the required manpower and services and hence the matters in these courts are
dragged on for years. Such failings of the state deeply affect the children beneficiaries of the Act
and the aims of the Act with regard to their recovery.24

Another activism point is victim insult and protection. The law Section 23 of the POCSO Act,
expressly prohibits identifying the child victim but activists pointed out that many media and law
enforcement persons and members of the community always tend to violate this, causing the
victim shame. In certain cases, a lot of damage has been caused to the children survivors of
sexual violence when such information has been given out and society shuns them. There is an
aspect that social activists have pressed for which is the need for enforcement of privacy and
consequent deterrent procedures activities amongst those who breach the social norm and in
doing so single out the need for an information program for media and law enforcements to
adhere to ethics.

That is not all, the campaigners dwell on the ultimate objective of rehabilitative assistance to the
victims. They contest the viewpoints that protection from criminal sanctions and compensation
from offenders or the state is sufficient to heal and take the victim back to his/her normal
activities. They outline a variety of supportive services such as psychological services, school
retention, and vocational training, and leaving children in society after full reintegration. These
are directed towards ‘protecting’ and ‘being on the side of’ rape victims and other victims of
24 Pragya Lodha and Avinash De Sousa, ‘The Prevention of Child Sexual Offences (POCSO) Act And
Ethical Considerations for Children in Therapeutic Practice’ (2017) Global Bioethics Enquiry 87.
sexual violence. They accuse the misuse of state funds and resources for placing restrictions on
funds for victims themselves. For example, “Restorative Care” in relation to the previous
example provides a basis or framework for containing the affected group over a period of time
with the support of the medical and child service organisations, the school and the community. 25

Indeed, despite the undeniable importance that these activists bring to social change, their work
is fraught with risks, skepticism, and pinch on its efficacy. A lot of such activists serve in
oppressive environments where confrontation with the mighty evince or the state apparatus
criticism has resulted in the reaction. Activists have every now and then been victims of direct
threats to hurt them, their characters have been assassinated, and definitely litigated for the
causes they have been championing. But when violence is not involved, or threats are not
explicit, the issues become societal, and major; also subsiding any such pushback – Yashada or
SAVITRI’s arrows. Often, such proposals as making POCSO more effective by recommending
wider rather than narrower remedies, or proposing positive discrimination in rules and
regulations, continue to be caught in endless debates at policy levels indicating an internal
resistance to change. It is thus indeed common for activists to do quite a bit of struggling, but
such endeavors are most times fighting in vain against the system which is fighting back.

Furthermore, the active participation of women and the promotion of feminist perspectives may
be difficult to achieve because of cultural perceptions. Activists, especially female activists tend
to be focused on the advancement of the rights of sexually assaulted individuals in such
conservative localities, alarms the so-called keepers of ‘family honor’. In some cases, they are
even accused of being too westernized. Under these circumstances, the influence exerted by
these social attitudes causes a less than favourable outlook for the acknowledgment and
development of supportive and recovery oriented work. Activists with less power or those from
oppressed areas, including Dalit and Adivasi communities, will receive even more discrimination
where their work will be undermined or ignored because of existing caste and class prejudices.

In any case, it is clear that their advocacy has brought about some prospective interventions. For
example, there is that case of the Kathua genocide that occurred where a minor form the nomadic
Muslim community was gang raped and later murdered in the most gruesome manner. The
25 Amit Singh and Preeti Varma, ‘Child Sexual Abuse in India: A Comprehensive Treatise on POCSO’
(2025).
response was so powerful that the campaign also included various lawyers, feminists, and several
others who worked tirelessly to make the state follow its obligations.26 This included peaceful
protests, social media attention, and a direct plea to the Supreme Court, which resulted in the
handing over of the case files to an independent team and the matter ordered to be a fast track
case. Even if the order was into the future, the fact that campaign who promoted the cause was
still active and was holding the state accountable and ensuring that the family of the victim was
not left alone.

Delhi Rape Crisis Cell is another example, which was established in the wake of the Nirbhaya
case of 2012 and now offers legal aid for children under the POCSO Act. Activists acting within
such a cell give aid and support, help the child attend the court proceedings, and ensure
counseling in order to address the issue of violence and sexual abuse of children – which can be
done by the activist without the need to involve the judiciary, as a tool of violence. 27These
examples of assistance and such endeavor highlight that voluntarism, despite the insurmountable
impediments, can practically and politically disturb both societal practices and the functions of
the state in respect of organized child sex offending. Therefore, it is registered that there is no
question of being indifferent or letting go in case of child sexual exploitation and there is a great
deal of resolve to keep the child away from such assault and exploitation.

To make headway in their effort and reinforce the successful entry points of these changes,
activists quite often includes on their team other social actors such as NGOs, legal advocates
groups, international enforcement, researchers etc. It is through these areas that they produce any
of the reports addressing a certain policy area, develop capacity building workshops and
encourage the adoption of evidence based policies. For instance, the HAQ: Centre for Child
Rights, started by Enikshi Ganguly, often releases reports assessing progress of child protection
laws at ground level and partners with UNICEF and Save the Children for advocacy programs.
Such kind of action research contributes in binding advocacy work with research and increases
the credibility of demands submitted to the state.28

26 Aadya Ramesh Pattath et al, ‘POCSO Act (2012): A Critical Assessment After a Decade of Its
Enactment & Enforcement’ (2023) 26(1 and 2) International Journal of Medical Toxicology & Legal
Medicine 73.
27 B Y Satyam Sinha, ‘The POCSO Act: Judicial Insensitivity and Implementation Issues’ (2024) 14(3)
IUP Law Review.
Activists in recent times have also taken to the use of digital media and social media, to create
awareness campaigns, share the stories of survivors (with their permission) and seek support for
legal aid efforts. In the last three examples, pressure caused by hashtag promotion has led to
disparations caused hardships on many families with mouthpieces beginning to have veritable
influence on the reason for consultation of different groups. Though this advancing trend does
have advantages, it is not fail-proof. Hate comments, false alarms and attacks on activists over
the net are familiar causes for concern and the call for protection against cyber attacks on human
rights defenders is rapidly increasing.

Lastly, concerning the frequency of actions concerning the acts of the POCSO Act discussed, the
activists are always in the forefront. These activists also overcome the expected interference
from the existing practices and those in the society and take the law in better directions as well.
They not only point out the loopholes and malpractices in the system, fight on behalf of the
victims, but also educate society on the need for practical application of the law for the
protection of the victims as the last mentioned aspect is reiterated in all laws pertaining to the
protection of the children. For purposes of child rights protection in India, these roles played by
these activists are critical and the absolute bottom line for pursuance is that of integrating the
activism component in both policy-making and execution.29

4.4.3 Child Protection Bodies

It is the responsibility of governmental as well as non-governmental organizations that deal with

child protection rights, to develop and implement the best child rights and welfare practices in
the system and specifically in respect to the POCSO Act.

Role in Implementation

This responsibility is vested in agencies which include the National Commission for Protection
of Child Rights (NCPCR) and the State Commissions, namely –

28 V Thangavel, ‘The Analysis of Research Review for the Protection of Children from Sexual Offences
Act (POCSO)’ (2023) Social Science Research Network.
29 Aadya Ramesh Pattath et al, ‘POCSO Act (2012): A Critical Assessment After a Decade of Its
Enactment & Enforcement’ (2023) 26(1 and 2) International Journal of Medical Toxicology & Legal
Medicine 73.
Monitoring Compliance: Making sure that every structure complies with the child welfare laws.

Policy Formulation: Offering advice on child‘s rights and welfare related policy issues.

Capacity Building: Arranging for educational activities or materials for the stakeholders
responsible for child protection.

Identified Gaps and Challenges

Notwithstanding some difficulties experienced by the defenders of children’s rights, there are
issues they have to confront:

Resource Limitations: Inadequate financial support and few personnel in place lower the
performance in carrying out monitoring and enforcement activities on matters related to children.

Jurisdictional Overlaps: Agencies may work in a decentralized State, may be unnecessary or may
have their regions bordering leading to an overlap of interests.

Lack of Data: The unavailability of such information makes it difficult to measure the relief
provided and their effects of interventions and policies.

Recommendations for Strengthening Child Protection Bodies

Since their work consist in strengthening the protectiveists, these Agencies are suggesting the
following solutions:

Integrated Child Protection Systems: Formulating structures that can link up all stakeholders in
the child safeguarding process.

Enhanced Data Collection: Creating databases that can assist in a systematic investigation of the
prevalence of violence and in identifying prevention and intervention strategies.

Community Engagement: This basically refers to any people stained in the child protection
activities making sure that whatever is done is appropriate to their cultures and languages.

The perspective of NGOs, activists and other child protection stakeholders should be deemed
necessary in evaluating how the POCSO Act 2012 has been put into practice. However important
it is to have this Act in transitioning Indian child from a contemporary prevailing practice that
affects them to a protective childhood, the manner of implementation is the key should the Child
Rights be actualized. Addressing resource issues, understanding the challenges, ensuring
improved participation among others is an issue of importance in improving the living
atmosphere of children in India, Community efforts should also be directed towards enabling
every authority to realize the spirit of the POCSO Act and ensure that their children are not
victims of sexual harassment and exploitation.30

30 Shikha Maan, ‘Protection of Children from Sexual Offences: An Analysis of the POCSO Act, 2012’
(2022) Issue 4 Indian Journal of Law & Legal Research 4.