The way POCSO Act is MISUSED
Today , abuse of laws in India is at its prime. Kerala HC recently dismissed a fake case in POCSO Act. Be it a well-reputed person or an ordinary one, no one is safe from the shortcomings of law. In recent years, government has formulated a new law called POCSO. This law is intended to protect minors from sexual abuse. This law tips the scales of justice in favor of the
accuser by considering their statement as absolute.
The defendant has to prove they are not guilty – this is not justice but discrimination.
The accuser requires no evidence, no proof, they just have to point finger to sully a man’s reputation and prove them guilty.
This law seems to be good in the sense that the victim gets complete justice and the convict cannot escape law but what if the defendant is innocent? There is no recourse under POCSO Act for the
defendant. They are deemed guilty from the start.
In a democratic nation which promotes
equality, a law like this is a threat to equality.
A case was filed by a mother against a father that he was abusing their
girl child. The charges were filed under POCSO Act so as to take custody of her child. Mother wanted to settle personal scores by abusing the law. However, the girl child revealed in court that the father never abused her or harmed her. If the child would have not stepped forward, he would have been wrongly convicted and imprisoned.
Courts are aware of the fraudulent cases filed out of malice and hatred and has become more careful in applying the law. The Supreme Court has commented in the past on the high disproportionate number
of false accusations made under the Dowry Act and POCSO Act. Clearly such laws are biased.
In another similar case, a man was accused of abusing an underage girl by
her mother. This time however, he could not come up with any proof or witness to defend himself. He wasn’t charged guilty by the court but assumed guilty and is rotting in prison for more than a year without
bail. His family suffers as well, as he was the main earning member of the family.
According to officials, cases filed under POCSO are not investigated fairly
because there is no incentive for fair investigation – the defendant is
assumed guilty and they have to prove they are not.
POCSO Act is broken, unfair and abused more often that not; it should be amended to represent all genders fairly.