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.
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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.
It also covers relative of the child. Also, If the assault injures the sexual organs of the child or the child becomes pregnant. The Bill adds two more grounds- i assault resulting in death of child ii assault committed during a natural calamity The Bill increases the minimum punishment from 10 years to 20 years, and the maximum punishment to death penalty. Aggravated sexual assault The Bill adds two more offences to the definition of aggravated sexual assault. These include:- i assault committed during a natural calamity.
The Ministry of Women and Child Development cites the reports of rapes of young girls in the aftermath of Kedarnath floods. Storage of pornographic material The bill increases the punishment for storage of pornographic material for commercial purposes from 3 to 5 years.
It also adds two other offences under it- i failing to destroy, or delete, or report pornographic material involving a child.
After the Nirbhaya case very stringent laws were made, special funds were allocated but this has not stopped the abuse. In fact the crime rate has escalated, Ms. Bachchan said. If our laws were executed well, the scenario would have been different. He suggested that the Bill should look into the fact that any harassment under the POCSO should be avoided, calling for attempts to curb misuse.
POCSO Act- Laws And Acts, Case Report, Bail Under The 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. Silence towards it is a failure on our side. Causes of Child Sexual Abuse CSA Taboo about discussing sex and sexuality is an important factor that leads to lack of awareness in the society about sexual offences against children.
POCSO Act, 2012
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.
Child Sexual Abuse Laws in India – The POCSO Act
Chapter II- Sections 3 — 4 defined Penetrative Sexual Assault and prescribed the punishment of not less than seven 7 years to life imprisonment and a fine for offenders. The definition of Penetrative Sexual Assault was not limited to girls but also does not focus on one traditional sexual act of penovaginal intercourse. It defined that assault to include all forms of sexual acts either in existence or envisaged to be later. Sections 5 — 6 defined Aggravated penetrative sexual assault and prescribed an imprisonment of not less than ten 10 years to life imprisonment and a fine for offenders. Sections 7 — 8 defined Sexual assault and proscribed not less than three 3 years to a maximum of five 5 years and fine for offenders.
What is 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.