From Genesis to Justice: The Legislative Evolution of POCSO and Posh Act

  • Rahul Chatwal and Kalyani Abhyankar
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  • Rahul Chatwal

    Student at Christ University, Lavasa, Pune, India

  • Kalyani Abhyankar

    Assistant Professor at CHRIST University, Lavasa, Pune, India

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Abstract

Particularly in child protection and workplace safety, the path toward safeguarding sensitive populations in India has seen notable legal benchmarks. This research article, "From Genesis to Justice: The Legislative Evolution of POCSO and POSH Act" offers a thorough analysis of two historic laws that have transformed India's legal system for handling sexual violence and harassment: the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH) and the Protection of Children from Sexual Offenses Act, 2012 (POCSO). Starting with the historical background that required these legislative actions, the study follows the concerning increase in occurrences of child abuse, workplace exploitation, and the related social movements raising public demand for thorough laws. The report emphasizes essential court rulings, notably the Vishaka v. State of Rajasthan case., which significantly influenced workplace harassment rules and the sad events that underlined the need for strong child protection legislation. Examining their progressive elements meant to offer victim-centric remedies, the study explores the fundamental clauses of the POCSO. and POSH Act. The POCSO Act highlights India's dedication to protecting young people by emphasizing age-appropriate surgeries, child-friendly policies, and obligatory reporting. Similarly, the POSH The act defines harassment precisely and requires the creation of Internal Complaints Committees (ICCs), now Internal Committee, and offers procedural rules to guarantee equitable investigations and redressal. Although these legislative systems show significant advancement, their execution offers excellent difficulties. Important concerns, including inadequate awareness among stakeholders, underreporting resulting from societal stigma, and procedural delays impeding the implementation of justice, are examined in this research. The study also points out areas of infrastructural deficiency, the need for capacity-building programs for law enforcement personnel, and the need to develop safer workplaces and educational institutions. Finally, this research underlines the importance of continuous revisions to improve the efficacy of both Acts. To guarantee quick and efficient justice, it suggests remedies including thorough awareness campaigns, better victim support systems, specialized training for legal and medical professionals, and enhanced responsibility measures. India may go closer to realizing a society that values the safety and dignity of its most underprivileged people by tackling these difficulties and supporting constructive actions. This thorough investigation seeks to provide insightful analysis for legislators, attorneys, social activists, and academics striving to strengthen the protective systems preserving justice and equality in Indian society.

Keywords

  • Legislative evolution
  • Sexual harassment
  • Child sexual abuse
  • Gender equality
  • Workplace safety
  • Victim protection

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 3, Page 1093 - 1107

DOI: https://doij.org/10.10000/IJLMH.119785

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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