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INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT International Peer Reviewed & Refereed Journals, Open Access Journal ISSN Approved Journal No: 2456-4184 | Impact factor: 8.76 | ESTD Year: 2016 Scholarly open access journals, Peer-reviewed, and Refereed Journals, Impact factor 8.76 (Calculate by google scholar and Semantic Scholar | AI-Powered Research Tool) , Multidisciplinary, Monthly, Indexing in all major database & Metadata, Citation Generator, Digital Object Identifier(DOI) |
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| Paper Title: | Protection of Transgender Children from Sexual Offences: A Judicial Approach |
| Authors Name: | Astha Bhatnagar , Prof.(Dr.) K.B. Asthana |
| Download E-Certificate: | Download |
| Author Reg. ID: |
IJNRD_198891
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| Published Paper Id: | IJNRD2306232 |
| Published In: | Volume 8 Issue 6, June-2023 |
| DOI: | |
| Abstract: | 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. |
| Keywords: | Keywords: Transgender, Child Sexual Abuse, Judicial Approach, Juvenile Justice, POCSO, Sexual Offences. |
| Cite Article: | "Protection of Transgender Children from Sexual Offences: A Judicial Approach ", International Journal of Novel Research and Development (www.ijnrd.org), ISSN:2456-4184, Vol.8, Issue 6, page no.c279-c290, June-2023, Available :http://www.ijnrd.org/papers/IJNRD2306232.pdf |
| Downloads: | 000118751 |
| ISSN: |
2456-4184 | IMPACT FACTOR: 8.76 Calculated By Google Scholar| ESTD YEAR: 2016 An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.76 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator |
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Published Paper ID:IJNRD2306232 Registration ID: 198891 Published In: Volume 8 Issue 6, June-2023 DOI (Digital Object Identifier): Page No: c279-c290 Country: delhi, Delhi, India Research Area: Other Publisher : IJ Publication Published Paper URL : https://www.ijnrd.org/viewpaperforall?paper=IJNRD2306232 Published Paper PDF: https://www.ijnrd.org/papers/IJNRD2306232 |
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ISSN: 2456-4184
Impact Factor: 8.76 and ISSN APPROVED
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