For Mains: Sexual abuse of children- prevention and need for stringent provisions. It will make punishment more stringent for committing sexual crimes against children including death penalty. It includes provision of death penalty in cases of sexual offences against children. The amendments also provide for levy of fines and imprisonment to curb child pornography.
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For Mains: Sexual abuse of children- prevention and need for stringent provisions. It will make punishment more stringent for committing sexual crimes against children including death penalty. It includes provision of death penalty in cases of sexual offences against children. The amendments also provide for levy of fines and imprisonment to curb child pornography. Amendments are also proposed to protect children from sexual offences in times of natural calamities and in other situations where children are administered, in any way, any hormone or any chemical substance, to attain early sexual maturity for the purpose of penetrative sexual assault.
Impact: The amendment is expected to discourage the trend of child sexual abuse by acting as a deterrent due to strong penal provisions incorporated in the Act. It intends to protect the interest of vulnerable children in times of distress and ensures their safety and dignity. The amendment is aimed to establish clarity regarding the aspects of child abuse and punishment thereof.
It provides for special courts that conduct the trial in-camera and without revealing the identity of the child, in a manner that is as child-friendly as possible. Hence, the child may have a parent or other trusted person present at the time of testifying and can call for assistance from an interpreter, special educator, or other professional while giving evidence.
Above all, the Act stipulates that a case of child sexual abuse must be disposed of within one year from the date the offence is reported. It defines different forms of sexual abuse, including penetrative and non-penetrative assault, as well as sexual harassment and pornography.
POCSO Amendment Bill, 2019 – Free PDF Download
The Act seeks to protect children from offences such as sexual assault, sexual harassment, and pornography. The Department of Women and Child Development, Government of India, came into existence as a separate Ministry with effect from 30th January, , earlier since it was a Department under the Ministry of Human Resources Development. Andhra Pradesh, Assam, Bihar and Delhi reported the highest percentage of sexual abuse among both boys and girls. If such a crime has been committed on a child below the age of 16 years, then the punishment will be between 20 years to life. Aggravated penetrative sexual assault It includes crime committed by police officer, armed forces, or a public servant.
POCSO Act, 2012
The need for making a separate law arose due to the incompetence in the present laws. POCSO law deals primarily with the violation of child rights where their sexual dignity is harmed. India has also ratified to the UN convention on Right to Child , which lays basic rights of the children of survival, development of their mental and physical potential and participation in family, cultural and social life. Child sexual abuse differs largely from adult sexual abuse. The child being a minor in most situations is unable to comprehend that his sexual identity is assaulted. Children often think that the wrongdoings happening with them are normal for every child.
What is POCSO Act?
What is Child Abuse? Child Abuse can be the result of any form of abuse such as mental, physical, neglect, emotional, and sexual abuse. It occurs everywhere at different level of society, in educational institutions, workplaces, homes, neighbourhoods, and even at the places meant for child protection. Indian population is majorly covered by young generation and children are the future of the nation. CSA is one of the most critical issues that is to be dealt with seriousness.
Child Sexual Abuse Laws in India – The POCSO Act
Madhya Pradesh Cabinet Ministers List Full list of ministers in Shivraj Singh Chouhan cabinet The Act defines different forms of sexual abuse which includes penetrative and non-penetrative assault. It also involves sexual harassment, pornography, etc. It makes it the legal duty of a person aware of the offence to report the sexual abuse. The Act further states that the evidence of the child should be recorded within a period of thirty days. The Special Court taking cognizance of the matter should be able to complete the trial within the period of one year from the date of taking cognizance of the abuse. It provides that the Special Court proceedings should be recorded in camera and the trial should take place in the presence of parents r any other person in whom the child has trust or confidence. The Act provides for punishment against false complaints or untrue information.