Section 46 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) – Power to Remove Difficulties
The Protection of Children from Sexual Offences (POCSO) Act, 2012, is a significant legislation enacted to ensure the safety and protection of children from sexual offences. However, during the implementation of any new law, unforeseen challenges or practical difficulties may arise that can hinder its effective execution. To address such issues, the Act provides the Central Government with certain powers under Section 46 to remove difficulties and ensure smooth enforcement of the Act’s provisions.
Text of Section 46
Section 46 – Power to remove difficulties:
- If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty.
- However, no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.
Explanation
This section empowers the Central Government to take corrective or clarificatory action if obstacles or ambiguities emerge during the implementation of the POCSO Act. The power is limited—it cannot be used to alter the fundamental provisions of the Act or extend beyond two years from its commencement. The provision ensures that the government can promptly address initial administrative or procedural challenges without having to pass new amendments through Parliament.
Conclusion
Section 46 of the POCSO Act serves as a transitional mechanism to facilitate the effective enforcement of the law. It provides flexibility to the Central Government to resolve unforeseen implementation issues while maintaining the integrity of the Act. By setting a two-year time limit, it also ensures that this power is not misused, striking a balance between administrative efficiency and legislative oversight.