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Introduction
POSCO ACT

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The Protection of Children from Sexual Offences (POSCO) ACT:

The Protection of Children from Sexual Offences (POCSO) Act is a legal framework in India that was
enacted in 2012 to safeguard the rights and well-being of children against sexual abuse and exploitation.
The act defines and criminalizes various forms of sexual abuse, including sexual harassment, molestation,
and rape, committed against minors.

It mandates that schools take measures to prevent sexual abuse, such as conducting background checks of
employees, providing awareness and education programs for children, parents, and school staff, and
establishing mechanisms for reporting and addressing incidents of abuse.
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Some key aspects of the POCSO Act and its implications in Indian schools:

Protection of Children
Prevention and Deterrence
Reporting and Response Mechanisms
Confidentiality and Privacy
Penalties and Punishments
Holistic Support for Victims
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Protection of Children
The POCSO Act prioritizes the protection of children by defining and criminalizing various forms of sexual
abuse committed against minors. It aims to provide a safe and conducive environment for children in schools
by holding perpetrators accountable and ensuring that children have access to justice and support services.

Prevention and Deterrence

The POCSO Act places a strong emphasis on prevention and deterrence of child sexual abuse in schools. It
mandates that schools take measures to prevent sexual abuse, such as conducting background checks of
employees, providing awareness and education programs for children, parents, and school staff.
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Reporting and Response Mechanisms
The POCSO Act requires schools to have effective reporting mechanisms in place for incidents of child sexual
abuse. It mandates that schools must promptly report any suspected or known cases of abuse to the
authorities, such as the police or the Child Welfare Committee (CWC). It also outlines the procedures for
conducting inquiries, recording statements, and providing support services to child victims.

Confidentiality and Privacy

The POCSO Act recognizes the need for maintaining confidentiality and privacy of child victims of sexual
abuse. It prohibits the disclosure of the identity of the child, the accused, and the witnesses, and ensures that
the legal proceedings are conducted in a child-friendly manner, taking into consideration the best interests
of the child.
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Penalties and Punishments

The POCSO Act prescribes stringent penalties and punishments for offenders, including imprisonment,
fines, and compensation to the victim. It also imposes liability on schools and their management for failure
to report incidents of abuse or for negligence in protecting children, which acts as a deterrent for schools to
ensure compliance with the provisions of the act.

Holistic Support for Victims

The POCSO Act recognizes the need for holistic support for child victims of sexual abuse, including medical
care, counseling, rehabilitation, and social reintegration. It mandates that schools, along with the
authorities, must provide support services to child victims to aid their recovery and well-being.

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The importance of POSCO:

The POSCO (Protection of Children from Sexual Offences) Act

is a legal framework designed to protect children from sexual
abuse and exploitation. It is particularly relevant in schools,
where children spend a significant amount of time and are in a
vulnerable position. Below are some of the reasons why the
POSCO Act is essential in schools:


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Protection of Children: The POSCO Act ensures that

schools are safe spaces for children by protecting them from
sexual offenses. The act makes it mandatory for schools to
implement measures to prevent sexual offenses against
children and to report such incidents to the authorities.

Awareness: The POSCO Act creates awareness among

teachers, students, and parents about the importance of
protecting children from sexual offenses. It helps them
understand the gravity of the issue and encourages them to
take preventive measures.

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Prevention: The POSCO Act mandates schools to take preventive

measures such as conducting background checks on employees,
creating a safe environment, and implementing measures to
prevent sexual offenses against children. This ensures that children
are protected from sexual abuse and exploitation.

Punishment: The POSCO Act prescribes stringent

punishment for sexual offenses against children.
This acts as a deterrent for offenders and ensures
that justice is served to the victims.

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Support: The POSCO Act also provides for

the rehabilitation and support of victims of
sexual offenses. This ensures that children
who have been sexually abused or exploited
receive the necessary support to cope with
the trauma and recover.

Overall, the POSCO Act is critical as it creates a safe and secure environment
for children, raises awareness about the issue of sexual offenses, and ensures
that offenders are punished while providing support to victims.
 The Role of School Administrators and Teachers

School administrators and instructors are

critical in preventing child sexual abuse.
School officials and instructors may assist
increase awareness of child sexual abuse and
empower children to protect themselves by
giving information on the subject.

Furthermore, school officials and teachers

can be on the lookout for symptoms of abuse
and take necessary action if they feel a kid is
in danger. These are some of the roles that
school administrators and teachers may play
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 Role of Authorities and Teachers
Teachers play a vital role in creating awareness among children about their rights and teaching them to
identify and report any incidents of sexual abuse. Teachers can also identify signs of abuse among children
and take appropriate action by reporting it to the authorities. They can also create a safe and supportive
environment for children to share their concerns and experiences.
1. Create a Policy for Child Protection.
2. Take Preventive Action Against Child Sexual Abuse
There are several things that school administrators
may do to help prevent child sexual abuse.
CCTV cameras and warning signs must be put up in all
school key locations.
Monitor any activities that involve photographing
children, using photographs of children, using the
internet, or using technology on school grounds.
Thorough background checks of faculty before they
are hired to ensure there are no previous records of
sexual abuse as an offender.
3. Organise Awareness Sessions
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 Role of Teachers & Parents
It is the joint responsibility of teachers and parents to ensure
the safety of children from sexual abuse. Teachers should be
able to identify the signs of abuse and know how to respond if
they suspect a child is being abused. Both teachers and parents
need to be aware of the policies and procedures in place at
their school or childcare centre regarding child sexual abuse.
Teachers can also identify signs of abuse among children and
take appropriate action by reporting it to the authorities.
Parents can also create a supportive environment for their
children to share their concerns and experiences.
In summary, both teachers and parents have a crucial role as
they can create awareness among children, identify signs of
abuse, and report incidents of abuse to the authorities.
Together, they can create a safe and supportive environment
for children to grow and thrive.
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 Incidents of sexual
abuse and murders in
Indian schools in

CASE which the accused

were arrested and

STUDIES charged under the

POCSO Act, 2012.

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 GD BIRLA SCHOOL, KOLKATA

WHAT HAPPENED?

In 2018, a four-year-old girl was

sexually assaulted by two physical
education teachers in a Kolkata-
based school.

The accused were charged under

the POCSO Act and arrested.

ANGRY PARENTS OUTSIDE THE

SCHOOL DEMANDING THE
PRINCIPLE TO BE SACKED.

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 RYAN INTERNATIONAL SCHOOL, GURUGRAM

WHAT HAPPENED?

In 2017, a seven-year-old student

of Ryan International School in
Gurugram was brutally murdered
by a school bus conductor.

The case sparked nationwide

outrage, and the accused was
charged under the POCSO Act for
sexually assaulting the child. The
PARENTS AND
STUDENTS OUTSIDE case is still ongoing.
RYAN INTERNATIONAL.

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 VIBGYOR HIGH SCHOOL, BANGALORE

WHAT HAPPENED?

In 2014, a six-year-old girl was

raped by a gym instructor in a
Bangalore-based school.

The accused was arrested and

charged under the POCSO Act.

100 PARENTS PROTEST FOR MORE THAN 7

HOURS OUTSIDE THE SCHOOL GATES

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MISUSE OF THE PROTECTION OF CHILDREN FROM
SEXUAL OFFENCES (POCSO) ACT, 2012.

Case study 1 Case study 2

In one of the cases, a 13year old girl The court presided on a
reported a 27-year-old man who was
case where a 16year old girl
the owner of her school
was allegedly raped by a
transportation vehicle who alleged
that the man hit her hand with his trespasser. Filed by the
shoulder with 'sexual' intent. mother.
Upon courts investigation, it
The court later dismissed the claims
was found that the accused
by acknowledging that it cannot be
was working in another
inferred whether it was sexual in
country at the time.
nature or not.

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 Case study 3
A minor filed a case against her lover under
POCSO Act, and later the minor filed another
case of sexual assault against her brother.
The girl gave contradictory statements in her
deposition.

Later admitted that both the cases

were false and were filed due to
enmity.

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 CONCLUSION
1 0 Y E ARS ACCOMPLI SH ED ,
MU CH MORE ST I LL T O D O
India has accomplished much to protect children from
sexual abuse but much still needs to be done to ensure that
children, the future of our country are safe from being
subjected to sexual violence, assault and abuse.
It’s been ten years since the Protection of Children from
Sexual Offences (POCSO) Act was passed in May 2012. It
has been rated as having the best legal framework to
protect children from sexual abuse according to a study
conducted by Economist Intelligence Unit in 2019 of 60
countries. India’s POCSO Act was rated better than laws of
Sweden, Australia and United Kingdom among others to
protect children from sexual abuse. The POCSO Act takes
into account all kinds of sexual abuse, physical, contact,
non-contact, verbal and also via the internet and so can
be effective in tackling the massive problem of sexual
abuse of children.

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 REFERENCES
Express Web Desk. (2017, November 8). Ryan International School murder case: All you need to know. The Indian Express.
https://indianexpress.com/article/india/ryan-international-school-murder-case-all-you-need-to-know-cbi-
pradhyuman-thakur-4927937/

2 Teachers Arrested For Assaulting 4-Year-Old Student In Kolkata. (n.d.). NDTV.com. https://www.ndtv.com/kolkata-
news/gd-birla-rape-case-2-teachers-arrested-for-assaulting-4-year-old-student-in-kolkata-1782612

Gym instructor rapes 6-year-old in Bangalore, parents protest. (2014, August 4). India.com.
https://www.india.com/news/bangalore/gym-instructor-rapes-6-year-old-in-bangalore-parents-protest-97473/

Kellogg, S. (2022, May 26). Ten Years Of POCSO Act: Much Accomplished, Much More Still To Do. The Sparrow News.
https://thesparrow.news/ten-years-of-pocso-act-much-accomplished-much-more-still-to-do/

What is POCSO Act & the Role of Schools in Preventing Child Sexual Abuse - GIIS Ahmedabad (globalindianschool.org)

MISUSE OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES (POCSO) ACT, 2012. - Level Up Law Advocates &
Associates (level-uplaw.com)