The implementation of 10-year-old Protection of Children from Sexual Offenses (POSCO) Act has been a "mixed bag,” states Persis Sidhva, lawyer and director at RATI (Rights, Action, Technology, Inclusion) Foundation, a nongovernmental organization that addresses violence against children. "It has worked well but we have a long way to go,” she told The Indian Express (IE) in an interview on November 28, 2022. Commending the level of awareness of the Act, Sidhva stated that the Act "has made reporting (offences) mandatory due to which many cases, especially when within a family or close relatives, have been reported through various institutions, including schools and hospitals… (and) institutional homes.”
Sidhva added that though many of the procedures followed to make the process child-friendly are being implemented, "much (more) is required.” She bemoaned that trials are not being conducted completely in the manner they were expected under the Act. It envisaged that "all the questions (are) to be put to the child by the judge so that the child is not intimidated. But this is not implemented… The role of a support person, who can be provided to the victim is spelt out under the Act. But even today, a support person is looked at with suspicion by the stakeholders. There are many such procedures that the stakeholders are reluctant to implement,” even though they are put in place to make the process more child-friendly.
"The increase in age (for determination of consensual sex) from 16 to 18… has led to the criminalization of that age group… as young boys and girls are indulging in sexual activity before turning 18… There is no need to blanket reduce the age,” notes Sidhva. "The cases resulting from consensual sex in this age group are also clogging the courts, adding to their burden.” The lawyer believes there should be "a mechanism to ensure there is no criminalization of this age group indulging in consensual sex.”
Asked about her experience of working with children, Sidhva observed that those as young as 12-13 give befitting responses to cross-examination by lawyers. "But, I also have to say that too much pressure is put on them to speak before various authorities. A child victim ends up having to speak about the incident multiple times before various courts. There should be some reform to avoid that.”
The RATI Foundation is based in Bombay and "works to address the issue of violence against children and women both in on-ground and online spaces…It does this through a wide range of strategies which include providing on-ground victim support, building of networks, strengthening of civil society organizations and government systems, implementing tech solutions, conducting evidence-based research, developing accessible resources and training of stakeholders,” notes their website. The founder directors of RATI are Uma Subramanian and Siddharth P. F. J.