As per
the government report, around 23% of girls in India are sexually abused or
harassed before 18 years of age. In most cases, the parents do not complain
because the abuser is known to them.
The
POCSO Act was enacted in consequence to India’s ratification of the UN
convention on the Right of the child in 1992 came into effect on November
14,2012. The aim of this special low is to address offences of sexual
exploitation and sexual abuse of children, which were either not specifically
defined or in adequately penalized.
It is defined
as “an Act to protect children from offences of sexual assault, sexual
harassment and pornography and provide for the establishment of special courts
for the trial of such offences and matters connected therewith or incidental
thereto.”
It was
passed in 2012 under the Ministry of Women and child development.
The Act
was amended in 2019, to make provisions for enhancement of punishments for
various offences so as to defer the perpetrators and ensure safety , security
and dignified childhood for a child .
Amidst
the debate on the poor conviction sale under POCSO and a lowering of the age of
consent from 18 years to 16 years (though rejected by the central government),
it is worth evaluating its impact on the ground.
2.1 Punishment and offences covered under the POCSO Act 2012:
The
POCSO act was enacted to protect children aged less than 18 from sexual
assault sexual harassment and pornography.
- The Act defines a child as any person
below eighteen years of age.
- It prescribes rigorous imprisonment
for a term which shall not be less than ten years but which extend to
imprisonment for life and also fine as punishment for aggravated penetrative
sexual assault.
- It also prescribes punishment who
traffic children for sexual purposes.
- The Act also provides for punishment
against false complains or untrue information.
- The act was amended in 2019 to
increase the minimum punishment from seven years to ten years. If further adds
that if a person commits penetrative sexual assault on a child below the age of
16 years, he will be punishable with imprisonment between 20 years to life,
with a fine.
- Aggravated penetrative sexual assault
under POCSO Act 2012, is the equivalent provision for aggravated rape.
- A person can be charged with this offence on certain aggravating circumstances, such as if the rape occurs with a relationship of trust or authority, or if it leads to pregnancy, among others.
2.2 Offences under the act:
The New POCSO Act provides for a variety of offences under which an accused can be punished. It recognizes forms of penetration other then penile-vaginal penetration and criminalize acts of immodesty against children too. Offences under the act include.
- Penetrative sexual assault:
- Insertion of penis / object /another body part in child’s vagina/urethra
/anus / mouth, or asking the child to do so with them or some other person.
- Sexual Assault:
When a person touches the child with sexual intent, or makes the child touch
them or someone else.
- Sexual Harassment: Passing sexually colored remark, sexual gesture/noise, repeatedly following flashing etc.
- Child pornography: With respect to pornography, the Act criminalizes watching or collection of pornographic content involving children also.
Under POCSO, the consent of a person under the age of 18 is irrelevant, regardless of the nature and circumstance of the sexual interaction, or the particulars of the person with whom it takes place. This means that any sex with a minor is rape.
2.3 Silent features of POCSO Act:
1) It is a gender -neutral law: -
By
defining a child as any person below the age of 18 years, the POCSO Act sets a
gender-neutral tone for the legal framework available to child sexual abuse
victims. The act also does not distinguish between perpetrators of child sexual
abuse on the grounds of gender and there have been instances where the courts
have convicted women for such abuse.
2) It is an offence to not report an
abuse: -
The
act not only punishes the perpetrator of sexual abuse, but also penalizes those
who have failed to report the offence with either charge of a company or an
institution who fails to report the commission of a sexual offence relating to
a subordinate under their control is liable to be punished with imprisonment
and a fine under the act.
3) No time limit for reporting
abuse: -
A
victim can report an offence at any time, even several years after the abuse
has been committed. Therefore, organization dealing with children in India
cannot deny child sexual abuse complaints filed against their employees on the
pretext of lapse of time.
4) Maintaining confidentiality of
the Victim’s identity: -
Section 23 of the POCSO Act prohibits disclosure of the Victim identity in any form of media, except when permitted by the special courts established under the act. A violation of this section can attract punishments under the act.
5) New obligations under the POCSO
Rules: -
Last
year the government introduces a fresh set of POCSO Rules. There are three
chief take away from these rules for any organization dealing with children in
India.
Firstly,
any institution housing children, or coming in regular contact with them, is required
to conduct a periodic police verification and background check of every
employee who might interact with a child.
Secondly,
such an institution must impact regular training to sensitize its employees on
child safety and protection.
Thirdly,
and most importantly, it has to adopt a child protection policy based on the
principle of zero tolerance to violence against children. This policy must
mirror the child protection policy of the stat5e government in which the
organization operates.
2.4 Global laws to prevent children from sexual Harassment:
The
united nation convention on the Right of the child (CRC) is an international
treaty that legally obligates nations to protect children’s rights.
Articles 34 &35 of the CRC require states to protect children from all forms of sexual exploitation and sexual abuse. This includes outlawing the coercion of a child to perform sexual acts, the prostitution of children, and the exploitation of children in creating pornography. States are also required to prevent the abduction. Sale or trafficking of children.
2.5 Conclusion:
A child’s psyche is scarred by sexual abuse, which causes depression, emotional anguish and mental impairment, POCSO Act unquestionably includes protection against child pornography and sexual assault. The penalties for sexual offences, against children have grown more severe as a result of the change in 2019. However, India still needs to do for more to reduce child sex crimes.
— Team Yuva Aaveg
(Praveen Kumar Maurya)
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ReplyDeleteबहुत ही अच्छा लेख । वर्तमान समय में इस विषय के बारे में जानना बहुत ही जरूरी है ।
ReplyDeleteSexual Harrasment करने वाले ज्यादातर हमारे अपने ही करीबी होते हैं इसलिए आंख बंद करके किसी पर भी विश्वास करने लायक नहीं है , अगर बच्चा कुछ बता रहा है तो उसे Parents द्वारा ध्यानपूर्वक सुना जाना चाहिए।
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