INTRODUCTION
There have been a number of cases of rape & violence used against the children. These victimized and abused children often remain silent as they don’t have the way to express their problems. So, a special act was passed for safeguarding the interests of the victimized children. It is known as Protection of Children from Sexual Offences Act, 2012 (POCSO).
There have been a number of cases of rape & violence used against the children. These victimized and abused children often remain silent as they don’t have the way to express their problems. So, a special act was passed for safeguarding the interests of the victimized children. It is known as Protection of Children from Sexual Offences Act, 2012 (POCSO).
WHAT IS POCSO ABOUT ?
⇒ POCSO is a special law enacted to protect children from offences of sexual assault, sexual harassment and pornography.
⇒ POCSO provides with relief and rehabilitation. Often such complaints are made to the Special Juvenile Police Unit.
⇒ Even intent to commit an offence against a child is punishable under POCSO.
⇒ POCSO focuses on ensuring speedy disposal of the court trials. It also envisages in keeping the victim child away from the accused.
⇒ POCSO has been enacted keeping in view India as a signatory to the United Nations Convention on the Rights of The Child, acceded to on December 11, 1992.
⇒ Duty of Monitoring and implementation of the POCSO is vested in the National Commission and State Commission for Protection of Child Rights constituted under the Commissions for Protection of Child Rights Act, 2005.
DIRECTIONS OF THE SUPREME COURT
⇒ Supreme Court (SC) has recently asked state to make sure that the necessary bodies are constituted and made functional.
⇒ SC has also directed that the head of the state commissions should be a judge of the High Court, and that chairpersons and members are appointed through a transparent selection process.
⇒ Proper training programs should be started at the Chandigarh Judicial Academy so that all the stake holders can be sensitized.
PROBLEMS WITH THE POCSO
⇒ POCSO has remained unimplemented.
⇒ It is not only unknown among the general public but it is also unknown among the people or government officials who are implementing it.
⇒ POCSO is not complied with, even when it is present in the statute book.
⇒ There have been growing demands from the public about more penalties, stronger new laws and fast track courts. It is still not known to the public that all these demands are already present in the POCSO.
⇒ Despite all its publicity, POCSO still remains unknown
⇒ In many child cases it has been seen recently that the provision of the POCSO have not been evoked by the police department.
⇒ The commission entrusted for the implementation and monitoring of POCSO are either partially-functional or effectively non-functional.
⇒ State have been very slow in forming the necessary commissions who will implement the provisions of POCSO.
⇒ It provides protection to the children up to the age of 16 only. (as the age of consent for sex has been reduced to 16 years).
NEED FOR STRONGER IMPLEMENTATION OF POCSO
⇒ About 40% of the Indian population is below the age of 18.
⇒ A survey of 2007 has come out with a result that 53% of the children reported had experienced one or more forms of sexual abuse.
DIFFERENCE BETWEEN POCSO AND THE PREVIOUS LAWS
⇒ Till the implementation of the POCSO, all the offences against the children were dealt in accordance to Indian Penal Code (IPC) as there was no distinction present between an adult & children.
⇒ But with the advent of POCSO all the sexual offences against persons below 18 years of age are dealt with the provisions mentioned in the POCSO. POCSO has provided important definition of “penetrative sexual assault”, “sexual assault” and “sexual harassment”.
⇒ The offence under POCSO is considered graver if it is committed by any government servant.
DIFFERENCE BETWEEN SEXUAL ASSAULT AND SEXUAL HARASSMENT
⇒ Sexual Assault is defined as intentional sexual contact, characterized by: Use of force, threats, Intimidation & Abuse of authority
⇒ Sexual Assault is defined as intentional sexual contact, characterized by: Use of force, threats, Intimidation & Abuse of authority
⇒ Sexual Assault consist of : Rape, forcible sodomy (oral or anal sex), other unwanted sexual contact that is: aggravated, abusive or wrongful, or attempts to commit these acts.
⇒ Sexual harassment is a form of sex discrimination that involves unwelcome sexual advances, request for sexual favours, and other verbal and physical conduct of a sexual nature.
CONCLUSION
⇒ Instead of creating new laws & making the whole process more complex, there is an urgent need of making our existing laws stronger to combat the criminal cases against the children. Government should not spend time in finding alternative solutions because the question is about the children, the most vulnerable section of the society.
⇒ Instead of creating new laws & making the whole process more complex, there is an urgent need of making our existing laws stronger to combat the criminal cases against the children. Government should not spend time in finding alternative solutions because the question is about the children, the most vulnerable section of the society.
⇒ So far the child sex abuse is concerned, POCSO offers all the necessary measures to tackle the same.
⇒ The only thing needed here is the creation of machinery to implement the provision so the POCSO plus all the stakeholders should be properly educated of the provisions of the POCSO i.e. they should be sensitized.
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