Supreet Kaur
Backward, Turn backward , O time in your flight, Make me a child again just for tonight.
These lines from the famous poem written by Elizabeth Allen depicts the importance of childhood in one’s life. It is the most crucial stage of growth. What is learnt or perceived in this period has a long lasting impression. It is assumed that childhood is full of enjoyment but the changing nature of crime today has threatened the childhood as well.
Like child trafficking, kidnapping etc, sexual abuse of child is also a heinous crime. Child sexual abuse means using the child for sexual purposes ranging from sexual exploitation to child pornography. Both Male and female child can be the victim of sexual abuse however global rate of child abuse is 19.7% for females and 7.9% for males.
In India, according to the report(2007) of Ministry of Women and Child Development , 53% of children are victims of sexual abuse. This high rate make us realize that child protection laws in India are not sufficient. A liberal interpretation of Article 21 of Indian Constitution envisages a right to life full of dignity and free of abuse. Moreover India is also a signatory to UN convention on the Rights of the Child.
So child protection is the foremost obligation of government of our country. However we have provisions in Indian Penal Code 1860 regarding sexual abuse but they are not sufficient since IPC 1860 considers only females as victim of sexual abuse. So in this regard, A special legislation for children was passed in 2012 which came into force on 14 November, 2012 which came to be known as The Protection of Child from Sexual Offenses Act, 2012 commonly known as POCSO Act, 2012.
Salient features of the POCSO ACT, 2012[1]
- According to the Act, A child is someone below the age of 18 years.
- The child includes both male and female child.
- TYPES OF OFFENCES: The Act recognizes five types of offences against a child and provides for the punishment thereof.
I. Penetrative Sexual assault: Penetrative sexual assault means penetrating one’s penis , any other object, body part of the child or applying one’s mouth to the vagina, anus, urethra of the child or to make the child do the same. This is punishable under POCSO ACT, 2012 which imprisonment of at least seven years. It may extend to imprisonment for life. The offender is also liable to pay the fine as well.
II. Aggravated Penetrative Sexual Assault : A penetrative sexual assault becomes aggravated if
It is performed by a police officer or a person who is a member of security forces like Army , Navy etc, or by a person whose duty is to take care of the child like staff of protection home, hospital staff or staff of educational institutes.
Moreover other instances of aggravated assault includes using weapons or injurious substances to cause penetration or a penetration to such an extent which causes injury to the child or make a female child pregnant or sexual assault done by taking advantage of child’s mental illness or a sexual assault capable of infecting a child with diseases or making him mentally ill.
Penetrative sexual assault to a child below age of 12 is aggravated penetrative sexual assault. Moreover penetrative sexual assault done more than once on a child is aggravated penetrative sexual assault.
Penetrative aggravated sexual assault is punishable with rigorous imprisonment for at least ten years which may extend to life imprisonment along with fine.
III. Sexual Assault : If a person touches the internal organs of a child with sexual intent or make the child do so with him, it is punishable with imprisonment of 3 years which may extend to five years along with fine.
IV. Sexual harassment : If any person with a sexual intent utter some words, displays parts of his body or make the child do so or constantly follows a child or entice him for pornography purposes, he is liable to imprisonment which may extend to three years along with fine.
V. Child Pornography : Whosoever uses the child for Pornography purposes is liable to imprisonment which may extend to five years. Pornography purposes means indecently displaying a child on any media platform like internet, TV etc.
If penetrative sexual assault is performed while using the child for pornography, the offender is liable to punishment of at least ten years which may extend to life imprisonment with fine.
If aggravated penetrative sexual assault is performed while using the child for Pornography, the offender is liable to rigorous life imprisonment along with fine.
If sexual assault is done, the punishment lies between six to eight years along with fine.
Moreover if any person stores that Pornography for commercial purposes i.e to sell or so , in which the child is involved, he is liable to punishment of either imprisonment which may extend to three years or with fine or both.
- Special Courts: To avoid much procedural formalities and to give quick justice so to safeguard the interest of child having regard to the age of the child, special court are set up to exclusively deal in sexual offences against the children.
The court tries to create a friendly atmosphere, giving less stress to the child, prohibiting excessive questioning to the child, ensures that there is no ill effect on the child who has already suffered a lot.
Amendment : This Act was amended in 2019 with aim of increasing the term for punishment.
- Now, penetrative sexual assault is punishable with imprisonment of at least ten years. Penetrative sexual assault against a child below the age of 16 is punishable with imprisonment of least twenty years which may extend to imprisonment for life.
- Moreover, aggravated penetrative sexual assault is punishable with rigorous imprisonment of at least twenty years with fine or with death.
- Using a child for Pornography purposes is punishable with imprisonment of at least five years, earlier five years was maximum term but now it is minimum term.
If during Pornography other offences are committed like penetrative sexual assault, aggravated penetrative sexual assault and other mentioned in the Act, the offender will get punishment as given for the specific offence in addition to punishment for Pornography.
So 2019 Amendment Act has made the law more stricter by increasing the extent of punishment.