Protection of Underage Persons from Sexual Abuse: Challenges and Safeguards in India

Abstract

The protection of underage persons from sexual abuse has emerged as a significant legal, social, and human rights concern in India. Children are among the most vulnerable members of society and are often exposed to various forms of sexual exploitation, abuse, harassment, trafficking, and online victimization. Despite the existence of legal safeguards and institutional mechanisms, incidents of child sexual abuse continue to be reported across the country, highlighting the need for stronger preventive and protective measures. This paper examines the nature and extent of sexual abuse against children in India, identifies the major challenges in preventing and addressing such offences, and evaluates the effectiveness of existing legal and policy frameworks.

The study focuses on key issues such as underreporting of cases, social stigma, abuse by known persons, delays in the judicial process, lack of awareness, and the growing threat of online sexual exploitation. Particular attention is given to the role of the Protection of Children from Sexual Offences (POCSO) Act, 2012, which provides a comprehensive legal framework for the protection of children from sexual offences. The paper also discusses constitutional provisions, child welfare institutions, law enforcement mechanisms, and support services designed to safeguard children's rights and well-being.

The findings indicate that while India has made considerable progress in strengthening child protection laws and institutional arrangements, effective implementation remains a challenge due to inadequate awareness, limited resources, procedural delays, and insufficient rehabilitation services for victims. The study emphasizes the importance of a multi-stakeholder approach involving families, educational institutions, civil society organizations, law enforcement agencies, and policymakers. It concludes that child protection requires not only stringent legal action against offenders but also preventive education, community participation, psychological support, and digital safety measures to ensure a secure environment for children. Strengthening these safeguards is essential for protecting children's dignity, rights, and overall development.