POCSO Act: Presumptions
Scholars are of
differing views regarding the presumptions given under the POCSO Act. Some scholars
have termed them draconian presumptions and some others have found them as
essential for bringing the intent of the POCSO Act into action.
There are some
previous laws also where similar presumptions were enacted by the legislature e.g.
Section 31 in Domestic Violence Act. At the time of its enactment people wrote
great articles pleading that the presumption under the Domestic Violence Act
would not allow the law to world healthily. But the working of the Act for about
one complete decade has shown the apprehension as unfounded.
Dr. PS Malik has
evaluated the presumptions under the POCSO Act. Its all relevant facets and related
tendencies of interpretations of law have been deeply studied to find a working
way out of this law with the guiding lights of these presumptions given under Sections
29 and 30 of this Act.
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