The Verdict and Beyond: Judicial Trends and Survivor Narratives in Child Sexual Abuse Cases

FOCUS

The report analyses judicial trends and survivor experiences in cases of child sexual abuse in India. It was published in November 2024 under the Project39A of National Law University, Delhi. The report is based on 264 judgments from 2019-2021 under the Protection of Children from Sexual Offences Act (POCSO) and the Indian Penal Code (IPC) for sexual offences against children, and includes perspectives of survivors and families.

The report is divided into three sections: “Judgment Analysis” (Section 1) which examines judicial outcomes, sentencing trends, victim compensation, and procedural adherence. “Perspectives of Survivors, Families, and CSOs” (Section 2) which captures qualitative insights from survivors, families, and Civil Society Organizations (CSOs) on the implementation of child-friendly legal procedures. “Justice and Punishment” (Section 3) which explores survivors' perceptions of justice and punishment, including opinions on the death penalty.

The methodology combines qualitative interviews with survivors and families, judgment analysis, and stakeholder interviews with CSOs. Key observations include low conviction rates, significant delays in case disposal and challenges in age determination of victims. 

    FACTOIDS

  1. The report notes that 96.7 per cent of the victims were female, highlighting significant underreporting of male child sexual abuse due to societal stigma and patriarchal norms discouraging boys from disclosing abuse. Only 1.1 per cent of the reviewed cases involved children with disabilities despite their heightened vulnerability, reflecting systemic barriers to reporting and lack of disability-inclusive support systems. 

  2. The report notes that 36.4 per cent of the victims were aged 16-18 years. 

  3. In as high as 90.9 per cent of the cases, the accused were known to victims, including family members (25.8 per cent) and romantic partners (25.4 per cent). 

  4. Only 21.6 per cent of the reviewed cases resulted in convictions, with 78.4 per cent acquittals primarily due to victims retracting testimony or failing to incriminate known perpetrators.

  5. Life imprisonment was imposed in 8 of the 16 cases (50 per cent) in which the accused was related to the victim, and in 6 of the 28 cases (21.4 per cent) in which the accused was unrelated to the victim.

  6. The report notes that 58 per cent of cases took over a year to resolve. Survivors reported frequent lapses in child-friendly procedures by police and courts, including insensitive questioning and lack of support. Survivors emphasized unmet needs for psychological support during legal processes, impacting their ability to engage with trials effectively. Courts often dismissed testimony of 16–18-year-olds based on absence of injuries or consensual context, perpetuating harmful myths.

  7. The POCSO Act includes a mandatory reporting obligation, compelling individuals with knowledge of a sexual offence to report it to the police or the Special Juvenile Police Unit, and prescribes punishment for non-compliance. The report notes that mandatory reporting hindered adolescents’ access to confidential healthcare (e.g., contraception, abortion) due to fear of legal repercussions.


    Focus and Factoids by Tejaswini Sugumaran.

AUTHOR

Project39A of National Law University, Delhi

COPYRIGHT

Project39A of National Law University, Delhi

PUBLICATION DATE

ನವೆಂಬರ್, 2024

TAGS

#child-sexual-abuse #gender-based-violence #POSCO

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