POCSO ACT
INTRODUCTION:
The POCSO Act stands for the Protection of Children from Sexual Offenses Act, 2012. It aims to safeguard children from sexual harassment, exploitation or any sexual abuse. The Act states that those individuals as children who are below the age of eighteen, that is who have not attained the age to become adult. This Act ensures punishment for those who commit such offenses.
BACKGROUND:
The Protection of Children from Sexual Offences (POCSO) Act, 2012 was enacted to eliminate:-
I. Rising Cases of Child Sexual Abuse-As the study in the year of 2007 by the Ministry of Women and Child Development shows that about fifty-three percent of the children were victims of some kind of sexual abuse.
II. Gaps in Existing Laws-Before the emergence of this Act there was no special protection of children to safeguard them from sexual abuse.
ENACTMENT OF THE POCSO ACT,2012:
I. UN Convention on the Rights of Child(UNCRC)-India ratified UNCRC in 1992 having a commitment to protect child from sexual abuse and exploitation.
II. TO BRIDGE GAPS-To bridge gaps legally, the Government introduced the POSCO Bill, which was passed in 2012.
III. UN-BIASED RULE-The Act does not take into consideration gender criteria, it is enforced irrespective of any gender, covering each form of sexual abuse against children.
KEY OBJECTIVES OF THE ACT:
I. Provide a child-friendly legal system by ensuring special courts and specified legal proceedings to minimize trauma.
II. Recognize all forms of sexual abuse, covers sexual assault, harassment and child pornography.
III. Mandatory reporting, a legally binding duty is to report child sexual abuse.
IV. Implements strict punishment which includes life imprisonment and even the death penalty.
AMENDMENTS TO THE ACT:
I. 2019 Amendment increased punishment including death penalty.
II. Over time, awareness of the Act increased leading to more reports and legal actions.
FIRST LANDMARK CASE UNDER THE POCSO ACT,2012:
STATE OF DELHI vs. ANIL KUMAR, 2013-
The accused Anil Kumar sexually assaulted a minor girl child who is below twelve years of age in Delhi.
The act was reported and also FIR was registered under section 4 and section 6 of the POCSO Act, 2012.
OBSERVATION MADE BY THE COURT-
i. The special Court was governed by the POCSO Act, 2012 was set for hearing.
ii. The victim’s statement was recorded in a child-friendly manner imposed by the Court.
iii. The medical evidence and victim’s testimony played a vital role in proving the offense.
JUDGEMENT-
The Court convicted the accused, Anil Kumar and sentenced him to rigorous imprisonment for ten years under section 4 of the POCSO Act, 2012.
OTHER LANDMARK CASES-
I. SATISH RAGDE vs. STATE OF MAHARASHTRA, 2012-
In this case, the Bombay High Court’s Nagpur Bench stated that groping a child’s breast without “skin-to-skin contact “did not constitute sexual assault under the POCSO Act. This statement was criticized for narrowing the scope of the act.
The Supreme Court overruled this decision that the absence of direct physical contact does not justify the act to be not a sexually assaulted one under the POCSO Act, 2012. The Court stated that the intent and the context of the act are the essential aspects.
II. ALUVA MINOR RAPE AND MURDER CASE, 2023-
In July, 2023 a five years old girl named Chandini was abducted, sexually assaulted and murdered in Aluva, Kerala.
This case demanded a shift in justice.
The accused, Ashfaq Alam, by a speedy trial was convicted in November, 2023. He was sentenced to death enhancing the severity with which the judiciary viewed such heinous crime under the Act.
CONSTITUTIONALITY OF THE POCSO ACT, 2012:
It is a constitutionally valid Law as-
Article 14:
Right to Equality-
It states protection of each child irrespective of their gender.
Article 15(3):
Special Provisions for Children-
It provides a strong legal framework for the child victims in compliance with the POCSO Act.
Article 21:
Right to Life and Liberty-
It ensures dignity and protection of children from sexual misconduct.
Article 39(e) and (f):
Compliance with the POCSO Act, 2012:
It aligns with the POCSO Act 2012, as it states criminalizing child abuse exploitation as well.
Article 45 and 46:
Protection and Development of Children-
Ensures a safe environment for the children by providing them proper protection, so that they can grow and survive in a fit society.
FREQUENTLY ASKED QUESTIONS(FAQS) ON POCSO ACT, 2012:
1. Who is considered as a “child” under the POCSO Act?
Any person who is below the age of eighteen years (18) that is not attaining the legal age for adulthood is considered as a “child”.
2. What are the key offenses covered under the POCSO ACT, 2012?
● Penetrative sexual assault for which the punishment is minimum, of ten (10) years to life imprisonment.
● Aggravated Penetrative Sexual Assault for which the punishment is twenty (20) years to life imprisonment or death.
● Sexual Assault any physical contact without penetration is punishable with three to five years of imprisonment.
● Any Sexual Harassment that is any non-physical contacts is punishable with three (3) years of imprisonment.
● Usage of a child for Pornography Purposes.
3. Is the POCSO Act, 2012 gender-neutral?
Yes, it applies to all children that is male, female or transgender as well.
4. What is the punishment for child sexual abuse under POCSO?
Punishments range from three for harassment to life imprisonment or death penalty.
5. What is mandatory reporting under POCSO?
Anyone aware of child sexual abuse must report to the police. Failure of doing so is an offense.
6. What is the role of Special Courts under POCSO?
● Conduct in-camera hearings for protection of the child’s identity.
● Ensure that the child should not be exposed to the accused
● Completion of the trial within one year.
7. Does the POCSO Act cover consensual relationships between teenagers?
Though the relationship may have consent from both the parties still any sexual activities where a minor is involved are considered to be illegal.
8. Can a minor be accused under the POCSO Act?
Yes, if a minor commits sexual offense they can be tried and if the age of the offender is below 16 years then they are tried under the Juvenile Justice Act, 2015.
9. Can POCSO cases be settled outside the Court?
No, they cannot be settled through compromise or withdrawal of the case.
10. How can children be educated about POCSO?
Schools and parents must conduct awareness programs on good touch, bad touch and reporting abuse. The NGOs program child safety campaigns.
CONCLUSION:
The POCSO Act, 2012 is so essential as it safeguards children and makes the society a safe place to survive. Effective implementations, awareness and strict monitoring are essential for the optimum usage of its effect.
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