Abstract

Sexual abuse of girl children remains a pervasive societal menace in India despite comprehensive legislative safeguards under the Protection of Children from Sexual Offences (POCSO) Act, 2012, the Indian Penal Code, and constitutional provisions guaranteeing special protections. This paper critically examines the pivotal role of the Indian judiciary in advancing the rights and protection of POCSO victims through progressive judicial interpretation and activism. As the guardian of fundamental rights, the judiciary has filled legislative and executive gaps by delivering landmark judgments that convict perpetrators, enhance sentences for heinous offences, and establish child-centric guidelines for victim rehabilitation, privacy protection, speedy trials, and systemic reforms. Through an extensive analysis of Supreme Court, High Court, and lower court decisions—ranging from Bharwada Bhoginbhai Hirjibhai v. State of Gujarat and Vishal Jeet v. Union of India to recent rulings such as Nipun Saxena v. Union of India (2019) and Alakh Alok Srivastava v. Union of India (2018)—the study illustrates the courts’ commitment to deterrence, presumptions of guilt under Section 29 of the POCSO Act, and upholding the dignity of the child under Article 21 of the Constitution. Key judicial contributions include directions for special courts, advisory committees against child prostitution, compensation mechanisms, and media restrictions on victim identity. While affirming the judiciary’s transformative impact in creating a safer environment for vulnerable children, the paper concludes that judicial vigilance alone is insufficient. Effective eradication of this social stigma requires robust governmental implementation, inter-agency coordination, and widespread awareness programmes alongside continued judicial activism.

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