Disha R Jain, BBA LLB, CHRIST (Deemed to be University), Bangalore
ABSTRACT
With one of the world's greatest children populations, India has the most serious child sexual abuse cases. Earlier, no proper mechanism or procedure had been laid down to handle these issues. The rise in occurrences reported worldwide and increased public awareness resulted in the 2012 passing of the Protection of Children from Sexual Offenses Act. The POCSO Act, although progressive, doesn't have the teeth because of the social reality. Significant loopholes still exist in the Indian criminal justice system despite this legislative progress, especially about the protection of child victims' pre-trial rights. This is especially true in enforcing the right to trial for child victims. This article presents a critical analysis of the right to trial guaranteed under the POCSO Act and evaluates the effectiveness of the legal protection provided to primary and secondary victims. It explores the role of legal and judicial agencies in ensuring that justice is served during the pre-trial phase.
Keywords: Pre-Trial, Sexual Abuse, Progressive, Agencies, POCSO Act
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