Family Protector or Perpetrator: An Analysis on the Role of Family in Child Sexual Abuse

Child sexual abuse (CSA) is a serious infringement on children's physical autonomy and psychological health, with intra-familial child sexual abuse being one of its most concealed and catastrophic manifestations. Abuse performed by parents, siblings, relatives, or caretakers is exceptionally destructive owing to the breakdown of trust and emotional reliance inherent within family connections. Psychological research repeatedly demonstrates that such abuse leads to enduring trauma, including depression, post-traumatic stress disorder, interpersonal challenges, and developmental deficits. In India, data from the Protection of Children from Sexual Offences (POCSO) Act indicate that most reported cases involve perpetrators familiar to the child; however, intra-familial abuse is notably underreported due to stigma, fear of familial disintegration, and cultural pressures to maintain honour and silence. This article employs a doctrinal and qualitative psycho-legal approach, using secondary sources including academic literature, psychological research, government papers, court records, and international inquiry results. It critically evaluates the efficacy of the POCSO Act, 2012 in addressing intra-familial CSA and reveals a considerable gap between the law’s progressive goal and its real consequences. The execution of POCSO, despite its complete legislative framework and child-friendly processes, is compromised in family-based abuse cases due to delayed disclosure, absence of physical evidence, trauma-induced contradictions in testimony, and insufficient training of law enforcement and court personnel. Mandatory reporting requirements exacerbate disclosures in familial contexts, often resulting in the concealment or compelled retraction of grievances. The research adopts a comparative perspective, extracting insights from foreign cases, including the United Kingdom’s Independent Inquiry into Child Sexual Abuse and analogous frameworks in Australia and Germany, which prioritise survivor-centred, trauma-informed, and interdisciplinary approaches. The research indicates that India lacks comparable independent monitoring and effective rehabilitation frameworks for child survivors.. Effective child protection must extend beyond punishment to promote safety, dignity, and long-term healing for survivors.