Protection of Transgender Children from Sexual Offences: A Judicial Approach

Protection of Transgender Children from Sexual Offences: A Judicial Approach

Registration ID: IJNRD_198891

Published ID: IJNRD2306232

DOI: Click Here to Get

Astha Bhatnagar , Prof.(Dr.) K.B. Asthana

Keywords: Transgender, Child Sexual Abuse, Judicial Approach, Juvenile Justice, POCSO, Sexual Offences.

Transgender Child Sexual Abuse is, of late, legally acknowledged as a menace in India. A palpable development in the direction is the enactment of a special law i.e., the Protection of Trans Children against Sexual Offences Act, 2012 and thereby criminalising a range of acts under it including child rape, harassment, and exploitation for pornography. The form and substance of the law, which has defined a child as anyone below 18 years of age, is to protect Trans children from sexual abuse. In India, to discharge its judicial obligations, judiciary has been exercising and evolving its jurisdiction by courage and have adopted egalitarian approach in numerous judgments in cases of child sexual abuse. To preserve the interest of child victim judiciary had granted the interim compensations, linked the offence of child sexual abuse with infringement of fundamental rights, mentioned not to question the chastity of minor rape victim, took marital rape of a girl below the age of 18 within the scope of child sexual abuse. But in many cases to protect the interest of innocent rape accused the court had refused to accept the testimony of victim as ideal truth, conviction on mere conjuncture or surmise was not acceptable and as, in the recent high court judgement, abuse of a girl child which lacked ‘skin to skin’ touch was denied to be recognised as sexual assault. Therefore, the present research paper underlines that there is an urgent need to impart sensitisation by training not only the members of judiciary but also law-keeping forces for such heinous crimes; since, without this justice delivery would likely be only partial.

Published Paper   E-Certificate

"Protection of Transgender Children from Sexual Offences: A Judicial Approach ", IJNRD - INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT (www.IJNRD.org), ISSN:2456-4184, Vol.8, Issue 6, page no.c279-c290, June-2023, Available :https://ijnrd.org/papers/IJNRD2306232.pdf

Volume 8 Issue 6, June-2023

Pages : c279-c290

Paper Reg. ID: IJNRD_198891

Published Paper Id: IJNRD2306232

Downloads: 000121164

Research Area: Other

Country: delhi, Delhi, India

Published Paper PDF: https://ijnrd.org/papers/IJNRD2306232.pdf

Published Paper URL: https://ijnrd.org/viewpaperforall?paper=IJNRD2306232

Journal Name: INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT(IJNRD)

ISSN: 2456-4184 | IMPACT FACTOR: 8.76 Calculated By Google Scholar | ESTD YEAR: 2016

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