EDITORIAL
We have the Goa Children’s Act and the POCSO Act, yet more solutions are needed
In theory, we should not have reached this situation, yet despite having our own Goa Children’s Act, 2003, crime against minors continues, reminding us that the statute book is not all it takes to get rid of long-standing social ills. The Sanvordem obscene video scandal involving the son of a BJP councillor is a sharp wake-up call.
The Act was a precursor to the POCSO Act and is focused on children’s rights, welfare, care, protection and rehabilitation in Goa. In fact, it was a pioneering initiative when the Goa Assembly passed it, as no other state had such legislation. In the 1990s, Goa had an infamous paedophile case that exposed loopholes in the law. Freddy Peats, of German descent, was convicted and sentenced to life imprisonment. The victims were boys staying in a childcare institution established and managed by him. It highlighted the need for a child-friendly system that would ensure the protection and rehabilitation of child victims of sexual abuse.
Put briefly, the law defines who is a child and elaborates on key terms such as “child in need”, “caregiver”, “children’s home”, and “child labour”. The Act makes it the State’s duty to ensure children are protected from abuse, exploitation, trafficking, sexual offences and the like. It also adopts the Convention on the Rights of the Child within Goa, where applicable. It brings mandatory registration and oversight to children’s homes, addresses child labour, and goes to the extent of making provisions for children’s health and nutrition measures, a State Children’s Fund and a State Commission for Children, among others.
But while the law can sometimes act as a deterrent, it is not a solution to all of society’s ills. Beyond Curchorem, the Goa Children’s Act has also been co-terminus with a number of sensational child-related cases. Among these are the Scarlett Keeling case of 2008 (the sexual abuse and death of a 15-year-old British tourist at Anjuna); the Suchana Seth case of 2024 (where a Bengaluru techie suffocated her infant child post divorce and sought to take his body in a suitcase to Bengaluru by taxi); the Benaulim beach gang rape of 2021; the Candolim double murder of two children; and the Usgao murder of a four-year-old by a couple in 2025, among others. This is just the tip of the iceberg. In many cases, we are still left groping for answers.
The positive is that, unlike most Indian states, Goa has its own comprehensive, state-level children’s law. But that does not deter all crime. One of the most discussed legal lacunae in the Goa Children’s Act is its burden of proof provision, which shifts to the accused. This is a departure from the usual criminal law principle that the prosecution must prove guilt beyond a reasonable doubt. Such provisions require careful judicial oversight to avoid misuse. Then there is the criticism of weak implementation and a lack of a clear plan of action or resources to operationalise many of the Act’s welfare mandates.
Suggestions have come in for improving the law. Stakeholders have argued that the Goa Children’s Act and its rules need updating and amendment. It is seen as not adequately covering contemporary childcare settings. Goa also has a Children’s Court and special officers and competent authorities. One question is whether the Act has deterred people from indulging in child abuse. There is likely a need to create awareness about the Act and also the POCSO Act. Clearly, solutions are still needed.
