Executive Summary:
The Ministry of Women and Child Development addresses steps taken to prevent child abuse, citing existing legislation like the POCSO Act (2012, amended 2019) and the Juvenile Justice Act (2015, amended 2021). The document details measures by the National Commission for Protection of Child Rights (NCPCR) and centrally sponsored schemes such as Mission Vatsalya. It also references new criminal laws from 2023 and the establishment of Fast Track Special Courts (FTSCs), with data current to April 30, 2025.
Key Points / Main Content:
Legislative and Regulatory Framework:
* The Protection of Children from Sexual Offences (POCSO) Act, 2012, defines a child as anyone under 18 and addresses sexual abuse and harassment.
* 2019 amendment to the POCSO Act introduced stricter penalties, including the death penalty, and established Special Courts for speedy trials.
* The Juvenile Justice (Care and Protection of Children) Act, 2015 (amended 2021), focuses on the safety, security, and well-being of children, including those in need of care and protection (CNCP) and those in conflict with the law (CCL).
* The JJ Act empowers District Magistrates in its implementation and sets standards for care and protection.
* Section 214 of the JJ Act details criteria for classifying a child as CNCP; Section 3 outlines general principles for their care and protection.
Role of the National Commission for Protection of Child Rights (NCPCR):
* The NCPCR addresses complaints, monitors laws, reviews safeguards, and recommends measures related to child abuse.
* It examines factors inhibiting children's rights, including those affected by various forms of adversity and exploitation.
* The NCPCR inspects juvenile custodial homes, promotes research, and raises awareness regarding child abuse.
* The NCPCR undertakes initiatives such as issuing advisories, guidelines and conducting awareness campaigns.
Government Schemes and Initiatives:
* 'Mission Vatsalya' is implemented through States/UTs to provide services for CNCP and CCL, including institutional and non-institutional care.
* Child Care Institutions (CCIs) offer education, vocational training, recreation, healthcare, and counseling.
* Non-institutional care includes adoption, foster care, aftercare, and sponsorship.
* Toll-free Child Helpline 1098 is integrated with the Emergency Response Support System 112 for 24/7 outreach.
* The Scheme for Care and Support to Victims under Section 4 & 6 of the POCSO Act, 2012, from the NIRBHAYA fund provides integrated support to minor pregnant girl child victims.
New Criminal Laws and Fast Track Courts:
* The Bharatiya Nyaya Sanhita, 2023 and Bharatiya Nagarik Suraksha Sanhita, 2023 provide deterrence against sexual abuse of children, including the death penalty for specific offenses.
* Investigation and trials in cases of rape and sexual assault on children are mandated to be completed within two months.
* Fast Track Special Courts (FTSCs) were established to expedite trials related to rape and the POCSO Act.
* As of April 30, 2025, 746 FTSCs, including 405 exclusive POCSO courts, are functional in 30 States/UTs, having disposed of 325,364 cases.
Impact Analysis:
Central and State Governments/UTs:
Impact: Required to implement and enforce the provisions of the POCSO Act, Juvenile Justice Act, and new criminal laws. They also oversee the functioning of Child Care Institutions and Fast Track Special Courts.
Action Required: Ensure proper implementation of the Acts and schemes, allocate resources for CCIs and FTSCs, and monitor the effectiveness of interventions.
National Commission for Protection of Child Rights (NCPCR):
Impact: Mandated to monitor the implementation of child rights legislation and address complaints related to child abuse.
Action Required: Conduct inquiries, review safeguards, recommend measures for effective implementation, and promote awareness.
Children in Need of Care and Protection (CNCP) and Children in Conflict with Law (CCL):
Impact: Beneficiaries of the legislative and programmatic interventions aimed at ensuring their safety, security, and well-being.
Action Required: Access available services through Childline 1098 or other support systems, and cooperate with authorities in availing care and protection.
Judiciary:
Impact: Responsible for the speedy trial and disposal of cases related to child abuse, especially through the Fast Track Special Courts.
Action Required: Expedite trials in POCSO and related cases, ensuring justice for victims in a timely manner.
Key Entities Referenced
Ministry of Women and Child Development: The nodal ministry responsible for the Juvenile Justice Care and Protection of Children Act, 2015 and implementing the Mission Vatsalya scheme.
The Protection of Children from Sexual Offences POCSO Act, 2012: A law enacted to safeguard children against sexual abuse and sexual harassment, defining a child as any person below the age of 18 years.
Juvenile Justice Care and Protection of Children Act, 2015: The primary legislation for ensuring the safety, security, dignity, and wellbeing of children in India.
National Commission for Protection of Child Rights NCPCR: An apex statutory body mandated to monitor the effective implementation of various Acts and Rules related to violations and deprivation of rights of children.
Mission Vatsalya: A Centrally Sponsored Scheme implemented through States/Union Territories to deliver various services for Children in Need of Care and Protection (CNCP) and Children in Conflict with Law (CCL).
NIRBHAYA fund: Source of funding for the Scheme for Care and Support to Victims under Section 4 and 6 of the POCSO Act, 2012.
Bharatiya Nyaya Sanhita, 2023: New criminal law replacing the Indian Penal Code 1860, providing more stringent penal provisions for sexual offenses against children.
Fast Track Special Courts FTSCs: Courts set up for expeditious trial and disposal of cases pertaining to rape and offenses under the POCSO Act, 2012.
GOVERNMENT OF INDIA
MINISTRY OF WOMEN AND CHILD DEVELOPMENT
LOK SABHA
UNSTARRED QUESTION NO. 2214
TO BE ANSWERED ON 01.08.2025
PREVENTION OF CHILD ABUSE
2214. SHRI ARUN KUMAR SAGAR:
Will the Minister of Women and Child Development be pleased to state:
(a) whether the Government proposes to enact any law for the prevention of child abuse;
(b) if so, the timeline by which the law would be enacted; and
(c) if not, the various steps being taken by the Government to prevent child abuse?
ANSWER
MINISTER OF STATE IN THE MINISTRY OF WOMEN AND CHILD DEVELOPMENT
(SHRIMATI SAVITRI THAKUR)
(a) to (b): Government accords the highest priority for ensuring safety and security of
children and has undertaken various initiatives in this regard. To safeguard children
against sexual abuse and sexual harassment, Government has already enacted The
Protection of Children from Sexual Offences (POCSO) Act, 2012. It defines a child as any
person below the age of 18 years.
(c): The POCSO Act, 2012 was amended in 2019 to introduce more stringent punishments
including death penalty for committing sexual crimes on children, with a view to deter the
perpetrators & prevent such crimes. The POCSO Act, 2012 also provides for
establishment of Special Courts for the purpose of ensuring speedy trial.
Ministry of Women & Child Development is the nodal Ministry for the Juvenile Justice
(Care and Protection of Children) Act, 2015 (as amended in 2021) which is the primary
legislation for ensuring the safety, security, dignity and well-being of children. The Act
provides for protection of Children in Need of Care and Protection (CNCP) and Children
in Conflict with Law (CCL) by catering to their basic needs through care, protection,
development, treatment and social re-integration. It defines standards of care and
protection to secure the best interests of child. The Juvenile Justice (Care and Protection
of Children) Rules and Adoption Regulations, have also been promulgated under the Act.
Among others, the Juvenile Justice (Care and Protection of Children) Amendment Act,
2021 empowers the District Magistrate to function as the focal point for implementation of
JJ Act, 2015.Section 2(14) of Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act), lays
down the detailed criteria under which any child is considered to be CNCP. Section 3 of
JJ Act, 2015 lays down the general principles of care and protection of children, which
serve as guiding principles for all stakeholders to ensure the safety, care and protection
of children, prioritizing the best interests of the child at all times.
Further, National Commission for Protection of Child Rights (NCPCR), as an apex
statutory body, is mandated to monitor effective implementation of various Acts and Rules
related to violations and deprivation of rights of children has undertaken the following steps
to prevent child abuse viz:
i. NCPCR inquiries into any/all complaints related to child abuse as per its mandate and
in accordance with provisions contained in various child rights legislations or takes
suo-motu cognizance of matters relating to deprivation and violation of child rights
including child abuse based on information available in the media
(print/electronic/social);
ii. The Commission examines and reviews the safeguards provided under any law
related to child abuse and recommends measures for their effective implementation
from time to time;
iii. It examines all factors that inhibit the enjoyment of rights of children, including those
affected by terrorism, communal violence, natural disaster, trafficking, HIV/AIDS,
prostitution, and torture;
iv. It looks into matters relating to child abuse for children in need of special care and
protection, such as children in distress, marginalized and disadvantaged children,
children in conflict with law, children without families, and children of prisoners;
v. To ensure that children are not subjected to instances of abuse the Commission
inspects or cause to be inspected any juvenile custodial home or any institution meant
for children, and recommends remedial action thereof;
vi. Undertakes and promote research, create awareness, and spread literacy about child
abuse;
In accordance with above, the NCPCR takes various initiatives like issuing advisories,
guidelines, awareness campaigns, conferences with stakeholders, continuous monitoring
of pending complaints and for their faster resolution etc.
The Ministry of Women and Child Development is implementing a Centrally Sponsored
Scheme namely, 'Mission Vatsalya' through States/Union Territories (UTs) on predefined
financial norms between the Centre and States/UTs to deliver various services for CNCP
and CCL which include Institutional Care and Non-Institutional Care Services. The Child
Care Institutions (CCIs) established under the scheme support, inter-alia, age-appropriate
education, access to vocational training, recreation, health care and counselling. Under the
Non-Institutional Care component, support is extended by way of Adoption, Foster Care,
After Care and Sponsorship.
The scheme also provides for emergency outreach services (24x7x365) for children in
difficult circumstances through Toll-free Child Helpline (1098) which is integrated with Toll-
free Emergency Response Support System-112 (ERSS-112) Helpline of Ministry of Home
Affairs.Ministry of Women and Child Development (MWCD) has also introduced, the centrally
funded scheme namely “Scheme for Care and Support to Victims under Section 4 & 6 of
the POCSO Act, 2012” from NIRBHAYA fund to address the challenges faced by the minor
pregnant girl child victims and fills the gaps in the existing schemes for implementation by
the State/UT Governments. The main objective of this Scheme is to provide integrated
support and assistance to minor pregnant girl child victims under one roof and to facilitate
her immediate, emergency and non-emergency access to a range of services for long term
rehabilitation in terms of access to education, police assistance, medical (also comprising
maternity, neo- natal and infant care), psychological, mental health counselling, legal
support, Non- Institutional Care support, place of stay in Child Care Institutions/Aftercare
facilities and health insurance cover for the girl child victim and her new-born.
Further the various provisions in the new criminal laws enacted in 2023, namely the
Bharatiya Nyaya Sanhita, 2023 replacing the Indian Penal Code 1860 and the Bharatiya
Nagarik Suraksha Sanhita, 2023 replacing the Code of Criminal Procedure, 1973 provide
effective deterrence against sexual abuse of children. The Bharatiya Nyaya Sanhita provides
for more stringent penal provisions including death penalty for rape of girls below the age of
12 years and imprisonment for the remainder of a person’s natural life in cases of rape of
girls below 12 years. Additionally, Section 193 of the Bharatiya Nagarik Suraksha Sanhita
mandates completion of investigation in cases of rape and sexual assault on children within
two months and trials are also to be completed in two months (Section 346 of BNSS, 2023).
Further, the Department of Justice, Ministry of Law & Justice has informed that, in pursuance
to the Criminal Law (Amendment) Act, 2018, the Government of India finalized a scheme in
August, 2019 for setting up Fast Track Special Courts (FTSCs) for expeditious trial and
disposal of cases pertaining to rape and POCSO Act, 2012 in a time-bound manner under
a Centrally Sponsored Scheme. As of 30.04.2025, 746 FTSCs including 405 exclusive
POCSO (e-POCSO) Courts are functional in 30 States/UTs across the country, which have
disposed of 3,25,364 cases since the inception of the Scheme till 30.04.2025. State-Wise
details of functional FTSCs and cases disposed Under FTSCs as on 30.04.2025 is annexed.
*****ANNEXURE
ANNEXURE TO THE LOK SABHA STARRED QUESTION NO-2214 FOR 01.08.2025
REGARDING 'PREVENTION OF CHILD ABUSE' INDICATING STATE-WISE DETAILS OF
FUNCTIONAL FTSCs AND CASES DIPOSED UNDER FTSCs AS OF 30.04.2025
Cumulative Disposal since the inception
Functional Courts
of the Scheme
S.NO. State/UT FTSCs
ePOCSO Total
including
ePOCSO FTSCs
ePOCSO
1 Andhra Pradesh 16 16 0 7183 7183
2 Assam 17 17 0 8507 8507
3 Bihar 46 46 0 16232 16232
4 Chandigarh 1 0 358 0 358
5 Chhattisgarh 15 11 1246 4985 6231
6 Delhi 16 11 736 1881 2617
7 Goa 1 0 76 34 110
8 Gujarat 35 24 3211 12800 16011
9 Haryana 16 12 1972 5941 7913
10 Himachal 6 3 558 781 1339
Pradesh
11 J&K 4 2 139 163 302
12 Jharkhand 22 16 2737 6212 8949
13 Karnataka 30 17 5230 8432 13662
14 Kerala 55 14 17776 7734 25510
15 Madhya Pradesh 67 56 4776 26565 31341
16 Maharashtra 4 1 8711 12008 20719
17 Manipur 2 0 180 0 180
18 Meghalaya 5 5 0 703 703
19 Mizoram 3 1 196 68 264
20 Nagaland 1 0 65 3 68
21 Odisha 44 23 6968 12652 19620
22 Puducherry 1 1 0 150 150
23 Punjab 12 3 2707 2439 5146
24 Rajasthan 45 30 5639 13130 18769
25 Tamil Nadu 14 14 0 9918 9918
26 Telangana 36 0 8344 2731 11075
27 Tripura 3 1 242 229 471
28 Uttarakhand 4 0 1891 0 1891
29 Uttar Pradesh 218 74 42895 46852 89747
30 West Bengal 7 7 0 378 378
31 A&N Islands 0 0 0 0 0
32 Arunachal 0 0 0 0 0
Pradesh
TOTAL 746 405 116653 208711 325364
*****