Crime Against Children (Download PDF)

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Recently the POCSO Act has been amended to make it more effective. It has been made more proactive in dealing with crimes against children, child abuse in the country. Uttar Pradesh accounts for maximum number of crimes against children, whereas Nagaland constitutes the least among the states according to National Crimes Records Bureau Report 2017.

Children Victims of Urbanisation

Children Victims of Urbanisation

Children Victims of Urbanisation

Overview

  • Delhi accounts for maximum number of crimes against children, whereas Lakshadweep constitutes the least among the UTS’s, according to National Crimes Records Bureau Report 2017.

  • Few amendments have been made in the brought under POCSO Act, 2012 through POCSO (Amendment) Act, 2019 to make the provisions more stringent.

  • Section 2 has been amended to incorporate definition of child pornography;

  • Section 4 has been amended to increase the quantity of punishment from minimum 7 years to minimum10 years, and minimum 20 years in case of child below 16 years

  • Section 5 has been amended to include penetrative sexual assaults and that cause death of child

  • Section 14 has been amended to increase the punishment to minimum five years and make it synchronize with IT Act, 2000;

  • Section 34 has been amended to establish consonance with the JJ Act, 2015;

  • Section 42 amended in order to acknowledge the amendment.

Protection of Children from Sexual Offences Act (POCSO Act)

  • This particular Act was formulated in 2012 to deal with case related to children like child sexual abuse and exploitation in the country.

  • POSCO Act defines the child and it defines as the person below the age of 18 years.

  • The act defines in detail about the various forms of sexual acts under the POSCO act like penetrative, pornography and sexual harassment.

  • The Act also defines and clarifies various terms under the Act like aggravated sexual assault.

  • This may include any abuse done by family member, any person of authority, police, teacher, doctor or when the abused child is mentally ill or incapable of taking decisions.

  • The Act defines police in the role of child protectors during the investigative process.

  • The police personnel are required to make certain urgent arrangements for the protection of child during investigation process.

  • It includes obtaining permissions for medical treatment of the child, taking child to a safe shelter home and also to present the case before the Child Welfare Committee (CWC).

  • The Act also make provisions to conduct trials in the courts safely, by using cameras in the special courts that are set up especially for this purpose.

  • This would avoid re-victimization of the child at the hands of the judicial system.

  • The Act also ensures that the cases related to child abuse need to be disposed of within one year from the date the offence is reported.

  • The act also includes some mandatory provision like reporting of child abuse, either by the child or any person who has knowledge of such abuse.

  • In a report prepared by IMF, It was found out by Human Rights Watch that the survivors (of the crime), mainly from the marginalized communities find it difficult to register their complaints with the policeman.

- Published/Last Modified on: February 24, 2020

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