Sexual Offences Against Children: Role of Indian Judiciary

Abstract

Child’s safeguard from sex crimes at every step has been the fundamental responsibility associated with the Indian judiciary under clause (f) of Art. 39, connected with an important law belonging to Bharat similar to the organic law of the nation, and that’s purpose has been so as to carry out possibilities including the natural ability to do something well and easily grow a child with respect to well-being mode together with a qualification belonging to liberty together with honor as well as juvenility together with immaturity being safeguarded through legislation opposed to abuse together with humiliate. It requires judicial action so as to fulfill objectives towards these obligations of state, in which the judicial system is a key player. In the ancient Vedic period, the individuals who had sexual relationships with prohibited degrees of relationship were treated as outcasts. Arthasastra has been a source of justice during princely rule in India. Koran has been a source of justice during the Mohammendan dynasty. Reforms have been made in incarceration during the British period, changing the scenario of sexual offences under the Indian Penal Code, 1860. Further development to protect children from sexual offences took place in recent years by way of enacting the POCSO Act. The apex court of India has made positive remarks on the enactment of the POCSO Act and has keen interest in the proper implementation of the Act so as to protect children from sexual offences. Proper implementation of the Act will be in the right direction of the constitutional obligation of protecting the children and facilitatating their development.