Short Takes / POCSO Act

              

 

Punishment for sexual crimes against kids

 

In a bid to protect children from sexual abuse, the Union Cabinet has approved amendments to the Protection of Children from Sexual Offences (POCSO) Act, 2012. It will make punishment more stringent, including death penalty, for committing sexual crimes against children. The amendments also provide for levy of fines and imprisonment to curb child pornography.

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 interests of vulnerable children in times of distress and ensures their safety and dignity.

* The amendment is aimed at establishing clarity regarding the aspects of child abuse and punishment thereof.

Background

 

The POCSO Act, 2012, was enacted to protect children from offences of sexual assault, sexual harassment and pornography with due regard for safeguarding the interest and well-being of children. The Act is gender neutral.

POCSO Act

 

In order to effectively address the heinous crimes of sexual abuse and sexual exploitation of children through less ambiguous and more stringent legal provisions, the women and child development ministry championed the introduction of the Protection of Children from Sexual Offences (POCSO) Act, 2012.

Salient features

 

* The Act defines a child as any person below 18 years of age, and regards the best interests and well-being of the child as being of paramount importance at every stage, to ensure the healthy physical, emotional, intellectual and social development of the child.

* It defines different forms of sexual abuse, including penetrative and non-penetrative assault, as well as sexual harassment and pornography, and deems a sexual assault to be “aggravated” under certain circumstances, such as when the abused child is mentally ill or when the abuse is committed by a person in a position of trust or authority vis-à-vis the child, like a family member, police officer, teacher or doctor.

* People who traffic children for sexual purposes are also punishable under the provisions relating to abetment in the Act. The Act prescribes stringent punishment graded as per the gravity of the offence, with a maximum term of rigorous imprisonment for life, and a fine.