ABSTRACT
This, then, is the POCSO Act of 2012 designed to protect the child from the sexual threat: it has also provided stricter laws for protection as well as justice. Here, its strict definition that involves children up to 18 years creates vast confusion for adolescence. This paper examines the unlooked for fallouts POCSO might have on adolescent autonomy through its implications for consensual relations, reproductive health services, mental health services, and privacy.
Absolute absolutism characterises the lack of recognition of any complexity about the development of identity or relationship with others inherent in adolescence and the restrictions on access to confidential services caused by mandatory reporting requirements; these prevent young people from seeking professional assistance and place them at a greater risk of unsafe practice, with many of the provisions contradicting the constitutional rights to privacy.
This article has reforms that would be able to break the problems it has. In this category include age sensitive consent laws, flexible and mandatory reporting guidelines, sensitization and so many others. It instead promotes a more progressive framework, ensuring to protect the adolescent with due care to the growing autonomy, the easy accessibility to health facilities, and providing an empowering environment to encourage informed decision-making.
POCSO ACT:
Protection in balance with Adolescent Autonomy The Protection of Children from Sexual Offenses Act, 2012 was one of the major steps towards such an important issue as the problem of child sexual abuse is in India. POCSO aims at giving youngsters a complete-rounded protection support system so that the required legal framework can be established through it. Its objects seem very commendable but happen to have unintended consequences for adolescents over their autonomy concerning sexual and reproductive rights.
This paper will discuss the complex issue of POCSO related to adolescent privacy, their access to health care, and well-being.
SCOPE AND OBJECTIVES:
The POCSO Act is a step towards the lacunae which are present in the IPC. The punishments that are provided with cruel hands through the act are for four kinds of child sexual offenses. One of its basic features is that it doesn’t make any difference between boys and girls since it’s gender-neutral. Neither the dignity of the child is kept behind as it provides that all judicial procedure must be made confidential and before special courts.
However, the POCSO states the definition of a child being any person under 18 years-old, which is applied towards every minor despite differences in developments and maturity during adolescence.
The Age Problem (Criminalizing Teen Relationships) :
POCSO is an age-related definition, and any aspect of sexual activity with minors per se becomes an offense, despite it being a consensual arrangement. An overtly agreed relationship between two 17-year-olds comes well within the realm of criminal law under this Act. It is there that lies the paradox through which law denies developing adolescents, having an increasing ability to arrive at prudent decisions, to have a right over issues of intimacy.
It effectively stigmatizes natural explorations of identity and sexuality by equating consensual adolescent relationships with exploitation. Secondly, the Act has provided room for legal ramifications and public opinion wherein teenagers become vulnerable and therefore get perplexed.
Reproductive health: Barriers in access :
The mandatory reporting clause of POCSO forces the medical professionals to report each case of sexual activity among the minors. Since this is a protective provision for the children, it deters the adolescents from approaching medical assistance.
For example, the legal risk is imposed on the 17-year-old who needs contraceptive or abortion services. Many will never be able to seek professional services and will self-medicate or get unsafe abortions because of the fear of being caught. It is the same mechanism that should keep them safe, yet it places them in harm’s way.
Mental health: The impact on support (Satisfactory chilling effect in counseling services) :
As much as the body changes, so do the psychological changes. Counseling must therefore be appropriate so that decisions reached would be informed ones. However, mental health providers fall in the category of mandatory reporting under POCSO as well. Thus, confidentiality gets brought in tension with reporting. This is because, based on the nature of the problem they have, the adolescent will avoid reporting to the law or family members out of worry. Other problems such as anxiety and depression will also continue developing without a safe space; hence, there is no support for the youth in that crucial stage of development.
Privacy vs. Security
Such rights to privacy as enshrined under Article 21 of the Indian Constitution and reiterated through the judgment in Puttaswamy, 2017 would seem to be infringed upon because of the stringent provisions in the POCSO and very particularly so regarding adolescents and with regard to accessing confidential health care. In withholding privacy to capable adolescents exercising their rights to make health care decisions, one is left between the dilemma of offering protection and promoting autonomy. It therefore brings out the desire for more balanced application of the law.
RECOMMENDATION FOR REFORM:
POCSO has to evolve with time and integrate its protective role with measures in relation to the rights of adolescents’ autonomy and healthcare.
1.Age-specific consent
Eliminating exclusion of exemptions between close in age victims would even protect such a group from getting criminalized in consensual sexual acts practices among adolescents. There are many countries globally, which have enacted multiple legislations exempting consensual actions of persons with closely or nearly similar age from being prosecuted.
- Facility of Compulsory Reporting
This would also alter the ease of reporting consensual cases of the providers of the medical services and counselors in a manner that the youth receive proper care without fear of persecution.
- Enrichment Awareness Programmes
Educate them about the system and make them bold. The slogan should therefore let them know their rights, but the message shall reveal what might happen to them in case they don’t.
- Specific procedures for the service providers
The healthcare and counselling professionals shall have guidelines on their ways of dealing with adolescents. Guidelines on dealing with adolescents are supposed to include risk considerations, confidentiality provision in instances where it is consensual, respect for the laws, and the welfare needs of adolescents.
- Co-creation of Policy
Including lawmakers, instructors, service providers in the health sector and child rights professionals well may have a collective understanding of the requirement of adolescent individuals. This joint process may also bring forth changes that help to protect children without denying them their powers of self-determination ability.
CONCLUSION
No doubt that the POCSO Act has formed an important landmark step toward protecting children against sexual crimes. The grave application towards teenagers poses concerns about serious issues related to autonomy, health, and privacy. Criminalizing the consensual relation and the existence of confidential health service imposes heavy barriers in the formation of young people, who are likely to be offered wrong practices instead of being punished by the law enforcement authority. Reforms need to be considered in POCSO as it holds the dynamic nature of children. Such protection in the rights of the minor should be balanced and not infringe on his developing capacity to decide for himself. That’s how such an approach may make this young person strive for necessary help further good choices within an empowering legal social environment.
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WRITTEN BY RICHA PANDEY
