The Catapulting Effect of Detached Interpretation of POCSO Provisions: In the Light of Recent Vijayalakshmi & Anr. V. State & Anr.

The history of child sexual abuse in India had been long-standing and ignored. The Non reported Cases often pose a pseud-reality of absenteeism. However, the pro-activeness of social and traditional media outreach has pierced through this veil of misinformation and have been successful in bringing forth the truth. The POCSO Act is the result of legislative intent for safeguarding the interests of minors who are unfortunately subjected to sexual crimes. Article 15(3) enables the legislature to make special laws in the case of women and children for protecting them from the vulnerability that they suffer in society. It is an active redressal to the issue but on a parallel aide needs a careful interpretation owing to its detrimental nature. While ensuring the safety of sensitive group it should be seen that the offences where both the parties are in their innocent furtherance and unaware of reprimanding effects of the respective law shall be handled carefully. The paper aims at bringing forth the social dilemmas created by the reprimanding effects of the POCSO Act where Accused even before the conviction loses its locus standi in the society. There have been enormous reports of fake infliction of the provisions of the said legislation, thereby destroying the person’s life irretrievably. This paper in the light of a case recently decided by Madras High Court analyses the current approach towards such cases and also discusses the deprivation experienced by Minors after being thrashed by POCSO provisions. The paper attempts to unfold the inimical effects of the respective law on the liberty of an individual guaranteed by article 21 where the offence has been committed by the nature of adolescence of both parties.