Syllabus: Welfare schemes for vulnerable sections of the population by the Centre and States and the performance of these schemes
Context: Delhi POCSO courts achieved highest-ever clearance rate of 178%, disposing 1,792 cases while receiving 1,006 in 2025, ranking among top three States nationally.
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- Chhattisgarh topped list with 189% clearance rate, followed by Delhi and Odisha (178%), Rajasthan (170%), Sikkim (155%), Madhya Pradesh (139%); national average disposal rate stood at 109% for POCSO cases.
- Across country, 80,320 child sexual abuse cases filed in 2025 and 87,754 disposed of; Delhi cleared significant backlog from previous years through accelerated disposal efforts comprehensively and systematically.
- Most pending POCSO cases in Delhi — 2,075 cases — are six to 10 years old per report ‘Pendency to Protection’ by India Child Protection NGO based on NJDG, NCRB data till December 2.
- 24 States and UTs recorded disposal rates over 100%; of these, seven States and UTs logged rates exceeding 150%, showing varied performance across jurisdictions in clearing child sexual abuse cases.
- Report highlights inter-State disparities in disposal rates, fluctuating conviction rates, and fact that nearly half of all pending cases have remained unresolved for over two years, indicating need for systemic reforms.
About the Act
- POCSO Act, 2012 is India’s first comprehensive law addressing sexual abuse of children.
- It is administered by the Ministry of Women and Child Development.
- The Act aims to protect children from sexual assault, sexual harassment, and pornography.
- It also mandates the establishment of Special Courts for speedy trial of offences.
- The Act was amended in 2019 to enhance penalties and strengthen deterrence.
Key Provisions
- Gender-neutral law: Defines a child as any person below 18 years.
- Mandatory reporting: Failure to report child sexual offences by institutional authorities is punishable.
- No limitation period: Victims can report abuse at any time, even years later.
- Confidentiality: Disclosure of victim’s identity is prohibited without Special Court permission.
Emerging Concerns
- Rising incidence: Child sexual abuse cases increased, especially after COVID-19, including cyber offences.
- Low awareness: Limited knowledge among children, parents, and society regarding abuse and reporting.
- Criminalisation of adolescent relationships: Consensual acts among adolescents attracting penal action.
Issue of Consensual Acts Among Minors
- Adolescents aged 16–18 years engaging in consensual sexual acts risk prosecution under POCSO.
- Such cases may lead to denial of bail and prolonged detention, even without conviction.
- Studies show nearly 25% POCSO cases in some States involve romantic consensual relationships.
22nd Law Commission Recommendations
- Opposed lowering the age of consent, citing adverse impact on women’s protection.
- Recommended mandatory sex education and adolescent healthcare awareness.
- Emphasised teaching consent principles under POCSO in schools.
Why the Commission Opposes Lowering Age of Consent
- Alignment needed between age of consent, majority, and marriage, all fixed at 18 years.
- Government proposal to raise women’s marriage age to 21 reinforces this uniformity.
- Conflict exists with Muslim personal law, which allows marriage at puberty.
- Lowering consent age could weaken safeguards against child marriage and exploitation.