Ms. Indrani Kakati, Research Scholar, Department of Law, Gauhati University, Guwahati, Kamrup (M), Assam, India
ABSTRACT
The Protection of Children from Sexual Offences (POCSO) Act 2012 is the only legislation that provides a gender-neutral approach, was enacted to safeguard the children from all forms of sexual abuses and exploitations. While the Act emphasizes on prosecuting the sexual offenders, it also recognizes the critical need for compensating the victims of POCSO offences. The study begins by understanding the compensation schemes in India and analyzing its provisions and implementation of the Victim Compensation Scheme under the POCSO Act 2012 and its Rules 2020. Followed by hardships faced by the victims and the procedural setback that results in either delay or unable to receive compensation at all. The paper has also highlighted the challenges faced by the female as well as the non-female victims of POCSO in India, including victims of State of Assam. The research is based on doctrinal method, relying solely on secondary sources such as literature review, data from the National Crime Record Bureau (NCRB), research reports as well as reports from the Law Commission of India. By analyzing the provisions and implementation of the POCSO Act 2012 and its accompanying rules, the study examined the challenges faced by victims in accessing compensation.
Keywords: POCSO, Compensatory Jurisprudence, Victim Compensation, Gender-neutrality, NCRB, Justice, Bharatiya Nyaya Sanhita (BNS), 2023, Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
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