Home Childs Rights Initiative news on child rights violence against children The Protection of Children from Sexual Offences Act, 2012 passed – Children...

The Protection of Children from Sexual Offences Act, 2012 passed – Children in India get a new Law

37
4
SHARE

Child Abuse StudyNATIONAL LEGAL RESEARCH DESK IS A SHAKTI VAHINI LEGAL RESEARCH INITIATIVE

The Protection of Children from Sexual Offences Act, 2012, has been passed by the Lok Sabha today, 22nd May, 2012. The Bill was earlier passed by the Rajya Sabha on 10th May, 2012.

The Protection of Children from Sexual Offences Act, 2012 has been drafted to strengthen the legal provisions for the protection of children from sexual abuse and exploitation. For the first time, a special law has been passed to address the issue of sexual offences against children.

 Sexual offences are currently covered under different sections of IPC. The IPC does not provide for all types of sexual offences against children and, more importantly, does not distinguish between adult and child victims.

 The Protection of Children from Sexual Offences Act, 2012 defines a child as any person below the age of 18 years and provides protection to all children under the age of 18 years from the offences of sexual assault, sexual harassment and pornography. These offences have been clearly defined for the first time in law. The Act provides for stringent punishments, which have been graded as per the gravity of the offence. The punishments range from simple to rigorous imprisonment of varying periods. There is also provision for fine, which is to be decided by the Court.

An offence is treated as “aggravated” when committed by a person in a position of trust or authority of child such as a member of security forces, police officer, public servant, etc.

 Punishments for Offences covered in the Act are:

Penetrative Sexual Assault (Section 3) –  Not less than seven years which may extend to imprisonment for life, and fine (Section 4)

 Aggravated Penetrative Sexual Assault (Section 5) –­ Not less than ten years which may extend to imprisonment for life, and fine (Section 6)

Sexual Assault (Section 7) – Not less than three years which may extend to five years, and fine  (Section 8 )

Aggravated Sexual Assault (Section 9) – Not less than five years which may extend to seven years, and fine (Section 10)

Sexual Harassment of the Child (Section 11) – Three years and fine (Section 12)

Use of Child for Pornographic Purposes (Section 13) –  Five years and fine and in the event of subsequent conviction, seven years and fine (Section 14 (1))

The Act provides for the establishment of Special Courts for trial of offences under the Act, keeping the best interest of the child as of paramount importance at every stage of the judicial process. The Act incorporates child friendly procedures for reporting, recording of evidence, investigation and trial of offences. These include:

Recording the statement of the child at the residence of the child or at the place of his choice, preferably by a woman police officer not below the rank of sub-inspector

No child to be detained in the police station in the night for any reason.

Police officer to not be in uniform while recording the statement of the child

The statement of the child to be recorded as spoken by the child

Assistance of an interpreter or translator or an expert as per the need of the child

Assistance of special educator or any person familiar with the manner of communication  of the child in case child is disabled

Medical examination of the child to be conducted in the presence of the parent of the child or any other person in whom the child has trust or confidence.

In case the victim is a girl child, the medical examination shall be conducted by a woman doctor.

Frequent breaks for the child during trial

Child not to be called repeatedly to testify

No aggressive questioning or character assassination of the child

In-camera trial of cases

The Act recognizes that the intent to commit an offence, even when unsuccessful for whatever reason, needs to be penalized. The attempt to commit an offence under the Act has been made liable for punishment for upto half the punishment prescribed for the commission of the offence. The Act also provides for punishment for abetment of the offence, which is the same as for the commission of the offence. This would cover trafficking of children for sexual purposes.

For the more heinous offences of Penetrative Sexual Assault, Aggravated Penetrative Sexual Assault, Sexual Assault and Aggravated Sexual Assault, the burden of proof is shifted on the accused. This provision has been made keeping in view the greater vulnerability and innocence of children. At the same time, to prevent misuse of the law, punishment has been provided for making false complaint or proving false information with malicious intent. Such punishment has been kept relatively light (six months) to encourage reporting. If false complaint is made against a child, punishment is higher (one year).

The media has been barred from disclosing the identity of the child without the permission of the Special Court. The punishment for breaching this provision by media may be from six months to one year.

For speedy trial, the Act provides for the evidence of the child to be recorded within a period of 30 days. Also, the Special Court is to complete the trial within a period of one year, as far as possible.

To provide for relief and rehabilitation of the child, as soon as the complaint is made to the Special Juvenile Police Unit (SJPU) or local police, these will make immediate arrangements to give the child, care and protection such as admitting the child into shelter home or to the nearest hospital within twenty-four hours of the report. The SJPU or the local police are also required to report the matter to the Child Welfare Committee within 24 hours of recording the complaint, for long term rehabilitation of the child.

The Act casts a duty on the Central and State Governments to spread awareness through media including the television, radio and the print media at regular intervals to make the general public, children as well as their parents and guardians aware of the provisions of this Act.

The National Commission for the Protection of Child Rights (NCPCR) and State Commissions for the Protection of Child Rights (SCPCRs) have been made the designated authority to monitor the implementation of the Act.

 SCR summary-Protection of Children from Sexual Offences Bill

SCR Protection of Children from Sexual Offences Bill 2011

Children  sexual offences

Bill Summary – The Protection of children from sexual harassment Bill, 2011

 

4 COMMENTS

  1. It is a commendable initiative and I wish to be a part of it. I guess there should be a way for people who have a passion for justice but are not legal professionals to contribute in whatever way they can.
    Its appreciable that someone has at least thought of including the ‘pornography’ aspect. I specially search porn sites to see the ‘progress’ of degradation in this already degraded human occupation and have been witnessing younger and younger girls being used in reality and in graphics, to the extent that one visual was named ‘ Daddy’s little girl’ in which a little girl-child was sleeping on the bed and a grown-up man was moving towards her. Being a porn site, one can easily guess what the girl-child is there for.
    On another site, two little girls, of a height reaching to the man’s hips only (one can guess their age), are shown being made to kiss/ lick his penis.
    We do need to put an end to this filthy, inhuman and outrageous booming business.
    Three cheers for all those who took an initiative to form this platform.

  2. I still dont believe in indian judiciary which crawl at snail pace. Everything can be fabricated and manipulated here in this vicious society. Each and every real indian and a real son of mother should take oath to shun such type of henious crimes and sexual assault not only on children but at any human being and dignity of every individual must be preserved at the apex. I wish not a single human being fell prey to these pimps..

  3. There are so many child protection laws, but children are unprotected. Enactment of a new law proves failure of the administration. I don’t believe that law can protect our children, instead, it is people and only the people who can do, ob-course if they wish at all. Enactment of new laws is actually face-saver of the bastards rulling the country.

LEAVE A REPLY

Please enter your comment!
Please enter your name here