Debate on Child Sexual Abuse Laws and Social Victim-Blaming

India's main legal shield for children against sexual offences is the Protection of Children from Sexual Offences (POCSO) Act, 2012. It is a gender-neutral law covering all children below 18 years, regardless of sex. Before this Act, such cases were tried mostly under general provisions of the Indian Penal Code, which did not account for a child's vulnerability or need for sensitive handling. POCSO introduced child-friendly procedures: statements recorded in the presence of a trusted person, video-recorded testimony, and trial in special courts. Its constitutional roots lie in Article 21, which guarantees the right to life with dignity, and Article 39(f), a Directive Principle that asks the state to protect children from exploitation and give them opportunities to develop in freedom and dignity.

Law alone does not decide how society treats a child survivor. Children are taught early to distinguish good touch from bad touch, yet this awareness often comes with an unspoken lesson that girls, in particular, must manage the risk of violence through their own vigilance. Sociological studies on gendered socialisation describe how boys and girls use public space differently from a young age. Boys roam streets freely, while girls are escorted, told to move in groups, or kept indoors, often because of an underlying fear of assault instilled in them early. This pattern of socialisation explains why a child's claim of abuse is sometimes doubted by adults around her, even when she can clearly describe what happened.