EXPLORING THE ISSUES AND CHALLENGES IN CONTROLLING CHILD SEXUAL ABUSE AND MURDER IN THE STATE OF GUJARAT
DOI:
https://doi.org/10.65009/fcmxv552Keywords:
POCSO, Child, Rape, Abuse, Murder, Gujarat,,Abstract
In India, women are traditionally revered as goddesses, and young girls are frequently
thought of as Goddess Lakshmi's incarnations. Paradoxically, however, the country has also
become one of those reporting a startling increase in crimes like rape, sexual abuse, and the
killing of women and young girls. In addition to being shocking, this contradiction is extremely
embarrassing for society and the country at large. After Uttar Pradesh, Bihar, Madhya Pradesh,
Odisha, and Rajasthan, now Gujarat is the state with the highest number of child rape cases
registered under the Protection of Children from Sexual Offenses Act, 2012 (POCSO Act). The
government and law enforcement agencies in Gujarat face a significant challenge due to the
rising rates of child sexual abuse, rape, and murder. While India has passed laws specifically
addressing crimes like rape, murder, and child sexual abuse, these laws primarily concentrate
on punishing offenders after the crime has been committed. Due to its inadequate ability to
deter such offenses, the current legal framework's preventive impact appears to be limited. As
a result, the current version of the law has failed to stop these serious crimes from being
committed.
References
National Crime Records Bureau. (2020–2024). Crime in India reports. Ministry of
Home Affairs, Government of India.
Ministry of Women and Child Development & NCRB data indicating offender
profiles in POCSO cases.
Law Commission of India, judicial observations in POCSO cases, and state crime
analysis reports.
Law Commission of India, Report No. 283: Age of Consent under the Protection of
Children from Sexual Offences Act, 2012 (Government of India).
V.N. Shukla, Constitution of India (13th ed., Eastern Book Company, 2022).
R.P. Kataria, The Protection of Children from Sexual Offences Act, 2012
(LexisNexis, 2019).
Mulla, The Bharatiya Nyaya Sanhita, 2023 (LexisNexis, 2025).
N.V. Paranjape, Criminology and Penology (Central Law Publications, 2004).
Shankar Kisanrao Khade v. State of Maharashtra, (2013) 5 SCC 546.
National Crime Records Bureau, Crime in India Reports (2019–2024), Ministry of
Home Affairs, Government of India.
V.N.Shukla, Constitution of India, art. 39(f)
V.N.Shukla, Constitution of India, art. 15(3).
Protection of Children from Sexual Offences Act, 2012 (Act No. 32 of 2012),
Government of India.
Mulla’s (2025) - The Bharatiya Nyaya Sanhita, 2023, 2025 Edition
Protection of Children from Sexual Offences Act, 2012 (Act No. 32 of 2012), ss. 19
Juvenile Justice (Care and Protection of Children) Act, 2015, s. 107.
Department of Women and Child Development, Government of Gujarat, Child
Protection Framework.
Gujarat Victim Compensation Scheme, notified under s. 357A, Code of Criminal
Procedure, 1973.
Ministry of Women and Child Development, Government of India, Mission Vatsalya
and Beti Bachao, Beti Padhao Scheme guidelines.
State of Gujarat v. Harsharai Ramraj Gurjar, Spec. (POCSO) Case No. 144/2018 (Addl.
Sessions Court, Surat).
State of Gujarat v. Anil Surendrasingh Yadav, Spec. (POCSO) Case No. 223/2018
(Special POCSO Court, Surat).
State of Gujarat v. Shamjibhai @ Somabhai Bhimabhai Solanki, Spec. (POCSO) Case
No. 30/2022 (Special POCSO Court, Kodinar).
State of Gujarat v. Pankajbhai @ Punabhai Bhikhabhai Patadiya, (2016) 2 GLR 1046
(Guj. HC).
Anil Surendrasingh Yadav v. State of Gujarat, (2020) 1 Crimes 218 (Guj. HC).
Vasanta Sampat Dupare v. State of Maharashtra, (2017) 6 SCC 631.
Jugendra Singh v. State of Uttar Pradesh, (2012) 6 SCC 297.
Re: Alarming Rise in the Number of Reported Child Rape Incidents, (2019) 0
Supreme (SC) 871.
Re: Exploitation of Children in Orphanages in the State of Tamil Nadu v. Union of
India, (2017) 7 SCC 578.
National Crime Records Bureau (NCRB) and Parliamentary data as of 2025
NCRB release (Sept 2025) and parliamentary projections.
