Child Abuse In India: Constitutional Mandates, Legislative Framework, And Judicial Approaches

Author(s): Minakshi Shukla and Abhishek Kumar Dikshit

Paper Details: Volume 3, Issue 5

Citation: IJLSSS 3(5) 30

Page No: 310 – 314

ACKNOWLEDGEMENT

This paper acknowledges the invaluable contributions of legal scholars, child rights activists, and judicial authorities whose work has illuminated the path toward a more just and protective environment for children in India. Special thanks are due to the Indian Law Institute for fostering academic inquiry in this critical area.¹

ABSTRACT

Child abuse in India remains a pervasive issue, despite comprehensive legislative measures such as the Protection of Children from Sexual Offences (POCSO) Act, 2012², and the Juvenile Justice (Care and Protection of Children) Act, 2015³. This paper examines constitutional mandates for child protection¹, analyzes the legislative frameworks^2,3 evaluates judicial interpretations^6-8, and provides statistical insights⁵. It identifies gaps in enforcement and proposes reforms for a stronger legal and institutional response.

Keywords: Child Abuse, POCSO Act², Juvenile Justice Act³, Constitutional Law¹, Indian Penal Code⁴, NCRB Statistics⁵, Judicial Interpretation^6-8, Child Protection, Legal Reform, India.

ABBREVIATIONS

POCSO: Protection of Children from Sexual Offences²
JJ Act: Juvenile Justice (Care and Protection of Children) Act³
NCRB: National Crime Records Bureau⁵
IPC: Indian Penal Code⁴
SC: Supreme Court⁶⁻⁸
HC: High Court⁶⁻⁸
CWC: Child Welfare Committee^3,1,9
JJB: Juvenile Justice Board^3,1,9

1. INTRODUCTION

Child abuse undermines the fundamental principles of justice and human dignity¹. Despite legislative advancements, its incidence remains high⁵. This paper examines constitutional provisions¹, legislative measures^2,3,4 and judicial interpretations⁶⁻⁸, while providing statistical data⁵ and proposing legal reforms.

2. CONSTITUTIONAL MANDATES FOR CHILD PROTECTION

The Constitution of India enshrines several provisions aimed at safeguarding children¹:

Article 15(3): Empowers the State to make special provisions for children¹.
Article 21: Guarantees the right to life and personal liberty, including protection from abuse¹.
Article 39(e) & (f): Directs the State to ensure children are not abused and are protected against exploitation¹.
Article 45: Mandates early childhood care and education for all children up to six years¹.

These constitutional provisions provide the foundation for specific child protection laws^2,3,4.

3. LEGISLATIVE FRAMEWORK

3.1 POCSO ACT, 2012²

Protects children from sexual offences, including penetrative and non-penetrative assault, harassment, and pornography.
Mandates Special Courts for speedy trials and child-friendly procedures.
Provides stringent punishments for offenders, with provisions for aggravated sexual offences.

3.2 JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015³

Governs children in need of care and protection, and those in conflict with the law.
Emphasizes a child-friendly approach ensuring the best interests of the child are paramount.
Establishes Juvenile Justice Boards (JJBs) and Child Welfare Committees (CWCs) for monitoring and welfare^3,1,9.

3.3 INDIAN PENAL CODE, 1860⁴

Sections 375, 376, 377, and 506 are applicable to child abuse cases.
IPC provisions are complemented and strengthened by the POCSO Act² for child-specific offences.

4. JUDICIAL INTERPRETATIONS

Attorney General for India v. Satish (2021)⁶: Defined “sexual intent” as the key element for establishing sexual assault under POCSO².
Just Rights for Children Alliance v. S. Harish (2024)⁷: Held that possession of child pornography is punishable under POCSO².
State of Himachal Pradesh v. Ramesh Kumar (2025)⁸: Upheld life imprisonment for incestuous sexual assault, emphasizing that the family must be a safe space⁸.

5. STATISTICAL INSIGHTS (NCRB 2023 DATA)^5,13

Type of Offence	Cases (2023)	% Increase from 2022
Sexual Assault	12,532	+8%
Cyber Exploitation	1,94,000	+15%
Child Labour & Neglect	9,845	+5%
Child Marriage Interventions	73,000	–

Reports indicate increased cyber-related abuse, highlighting vulnerabilities in digital spaces.
Child marriage and neglect remain significant challenges in rural and marginalized communities.

6. CHALLENGES IN ENFORCEMENT

Underreporting⁵: Societal stigma and familial pressure deter reporting.
Delayed Trials^6,7: Judicial backlog and procedural bottlenecks impede justice.
Lack of Awareness¹²: Families and communities often lack knowledge of child rights and laws.
Inadequate Training^18,19: Police, judiciary, and medical personnel require specialized training.

7. RECOMMENDATIONS FOR REFORM

Awareness Campaigns¹²: Educate the public about child rights, abuse reporting, and protections.
Capacity Building¹⁹: Train police, judiciary, and healthcare professionals to handle child abuse cases sensitively.
Fast-Track Courts¹⁴: Establish dedicated courts for child abuse cases to reduce delays.
Support Systems¹²: Implement counseling and rehabilitation for victims.
Technology Integration: Use AI-enabled monitoring to detect online abuse early.
Grassroots Engagement: Empower CWCs and NGOs to monitor child welfare locally.

8. CONCLUSION

India has enacted strong laws^2,3,4 and the judiciary^6-8 has reinforced them. Yet, underreporting, societal stigma, and enforcement gaps remain significant obstacles. A coordinated approach integrating legal reform, societal awareness, and institutional capacity building is essential to secure the rights and protection of children across India.

BIBLIOGRAPHY / FOOTNOTES

POCSO Rules, 2019, Ministry of Women & Child Development.

Constitution of India, 1950.

Protection of Children from Sexual Offences Act, 2012.

Juvenile Justice (Care and Protection of Children) Act, 2015.

Indian Penal Code, 1860.

National Crime Records Bureau, Crime in India 2023, Ministry of Home Affairs.

Attorney General for India v. Satish, (2021) 2 SCC 783.

Just Rights for Children Alliance v. S. Harish, (2024) 1 SCC 502.

State of Himachal Pradesh v. Ramesh Kumar, (2025) 3 SCC 211.

Bodhisattwa Gautam v. Subhra Chakraborty, (1996) 1 SCC 490.

Independent Thought v. Union of India, (2017) 10 SCC 800.

Alakh Alok Srivastava v. Union of India, (2018) 17 SCC 291.

National Commission for Protection of Child Rights, Annual Report 2022–2023.

National Crime Records Bureau, Child Abuse and Crime Statistics, 2023–2024.

State of Maharashtra, Fast-Track Special Courts Notification, 2023.

Supreme Court of India, Judgment on Incestuous Rape Case, 2025.

News: The Hindu, March 2024, Teacher Sentenced for Abuse in Parbhani.

News: Indian Express, July 2024, Life Imprisonment for Dalit Girl’s Rape Convict.

NCPCR, Guidelines for Handling Child Abuse Cases, 2023.

Juvenile Justice Model Rules, 2016, Ministry of Women & Child Development.