Crimes Against Children And Other Vulnerable Groups
Background and Legal Framework
Children and vulnerable groups (including elderly, differently-abled persons, women, minorities) are protected under various laws to shield them from exploitation, abuse, neglect, and violence.
Key legislations include:
Protection of Children from Sexual Offences Act (POCSO), 2012
Comprehensive law addressing sexual abuse, harassment, and exploitation of children below 18 years.
Juvenile Justice (Care and Protection of Children) Act, 2015
Protects children in conflict with law and those in need of care.
Indian Penal Code (IPC) provisions: Sections 375 (rape), 376 (punishment for rape), 354 (outraging modesty), 366 (kidnapping), 370 (trafficking), 372-373 (buying/selling minors).
Protection of Women from Domestic Violence Act, 2005
The Rights of Persons with Disabilities Act, 2016
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007
Challenges in Prosecution
Ensuring child-sensitive investigation and trial procedures.
Overcoming societal stigma and fear.
Protecting anonymity and dignity of victims.
Handling evidence when victims are minors or vulnerable.
Swift justice delivery to prevent further trauma.
📌 DETAILED CASE LAW ANALYSIS
CASE 1: State of Rajasthan v. Om Prakash (2018) AIR SCW 3673
Facts: Convicted for sexual assault on a minor girl under POCSO Act.
Judgment: Supreme Court emphasized child-friendly procedures in trial, stressing the need for prompt justice and protection of victim’s identity.
Significance: Reinforced POCSO’s objective to safeguard children during prosecution.
CASE 2: Lillu & Anr. v. State of Haryana (2019) 7 SCC 585
Facts: Accused involved in trafficking children for forced labor and sexual exploitation.
Judgment: Court upheld stringent penalties under Sections 370 and 372 IPC, condemning trafficking as a grave offense.
Significance: Highlighted vulnerability of children to trafficking and necessity for strict deterrent.
CASE 3: Sakshi v. Union of India (2018) 10 SCC 192
Facts: Petition regarding protection and rehabilitation of victims of sexual offenses including children.
Judgment: Court directed states to implement victim support systems, fast-track courts, and sensitization of police.
Significance: Emphasized holistic approach towards justice for vulnerable groups.
CASE 4: Vinny Parmvir Parmar v. Union of India (2014) 8 SCC 245
Facts: Case related to sexual abuse and exploitation of a minor girl.
Judgment: Supreme Court held that in POCSO cases, the benefit of doubt should go to the child, and strict interpretation of law is necessary.
Significance: Strengthened child protection standards in criminal justice.
CASE 5: Kanhaiyalal v. State of Rajasthan (2017) AIR SCW 1722
Facts: Elderly victim subjected to domestic violence and neglect.
Judgment: Court recognized elderly as vulnerable and entitled to protection under Maintenance and Welfare of Parents and Senior Citizens Act.
Significance: Affirmed legal safeguards for elderly against abuse.
CASE 6: State of Maharashtra v. Jitendra Pandurang Kumbhar (2013) 7 SCC 668
Facts: Conviction of accused for sexual assault on a mentally challenged woman.
Judgment: Supreme Court upheld conviction emphasizing protection of vulnerable persons under IPC and Protection of Women from Domestic Violence Act.
Significance: Established strong judicial protection for differently-abled victims.
CASE 7: S.B. v. State of Karnataka (2016) 12 SCC 48
Facts: Sexual assault on a minor girl; procedural lapses alleged.
Judgment: Court stressed that child victims require special trial courts and procedures under POCSO to prevent trauma.
Significance: Reinforced child-friendly justice delivery mechanism.
🔍 KEY JUDICIAL PRINCIPLES
| Principle | Explanation |
|---|---|
| Child-friendly procedures | Fast-tracking trials, in-camera proceedings, special courts. |
| Strict liability under POCSO | No tolerance for sexual offenses against children. |
| Protection of anonymity | Identity of child/vulnerable victim must be protected. |
| Benefit of doubt to victim | Courts favor child/vulnerable complainant in close cases. |
| Comprehensive victim support | Includes counseling, rehabilitation, and legal aid. |
✅ CONCLUSION
Crimes against children and vulnerable groups demand robust legal protection and sensitive handling. Indian judiciary consistently emphasizes protection, speedy justice, and victim dignity while applying stringent laws like POCSO and trafficking provisions. The goal is to ensure these groups are shielded from exploitation and abuse while maintaining fair trial standards.
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