INTRODUCTION
In India, the conversation around CSA is set against the context of social stigma around sex which often results in a hesitance to report instances of abuse. This hesitance is further reiterated by the general apprehension of the legal process, where very often, victims of CSA are forced to relive the trauma multiple times.
While the Protection of Children from Sexual Offences Act, 2012 for the first time recognized all forms of child sexual abuses as specific criminal offence, structural and systematic challenges have impacted the effectiveness of the law. Most of the courtrooms do not have the infrastructure mandated by the legislation to handle growing cases of child sexual abuse. The courts are already overburdended and the large amount of the court time is also spent handling cases involving a romantic relationship due to mandatory reporting requirements under the act. Mandatory reporting also goes against the promise of confidentiality associated with doctors, counsellors, etc.
In this background need to break cultural stigma around conversations about sex, adequate training and improving infrastructural support of the courts are few recommendations to improve the conditions. It should be ensured that through provisions like mandatory reporting the law does not punish the same population that it is seeking to protect.
LIST OF RESOURCES
Implementation of the POCSO Act, 2012 by Special Courts: Challenges and Abuses, HAQ: Centre for Child and the Law (2018)
An Analysis of Mandatory Reporting under the POCSO Act and its Implications on the Rights of Children, Centre for Child and the Law, NLSIU (2018)
Ethical concerns related to mandatory reporting of sexual violence, Indian Journal of Medical Ethics, CEHAT (2017)
Protecting Our Children: A Look at Delhi's Implementation of the Protection of Children from Sexual Offences (POCSO) Act, 2012, HAQ: Centre for Child and the Law (2016)
Recounting Abuse, Reporting Abusers- Reflections from Survivors on Mandatory Reporting, Arpan (2015)
Breaking the Silence: Child Sexual Abuse in India, Human Rights Watch (2013)