Name of Author- Chanchal Kumari Sharma, ICFAI University, Jaipur
Edited by – Sulesh Choudhary
INTRODUCTION
According to the All India Census 2011, children account for 39% of the population, Many of them are vulnerable to child sexual abuse (CSA). According to the data from the National Crime Records Bureau (NCRB), crime against minors increased from 21.1 to 28.9 from 2015 to 2017. Childhood is an influential moment that should be filled with protection, stability, and happiness, but for some children, the actuality is quite different. Children rely on grown-ups for their protection and supervision, yet they regularly fall victim to the abuse known as CSA without knowing it.
They are the “most innocent and vulnerable casualties of exploitation” because of major barriers to justice, such as poverty, violence, discrimination, rigid communal institutions, and social prejudice. They encounter a range of challenges and are mistreated sexually, physically, intellectually, and enthusiastically from birth. Child abuse is a violation of a child’s fundamental rights that harms the child’s well-being.
The Ministry of Women and Child Development advocated for the passing of the “Protection of Children from Sexual Offences (POCSO) Act, 2012” to adequately fight the heinous crimes of child sexual abuse and exploitation by establishing clearer and more stringent statutory criteria. The Protection of Children from Sexual Offences (POCSO) Act of 2012 was enacted to make it simpler to pass legislation protecting children from sexual offences. The Gender-Neutral POCSO Act promotes victim-friendly prosecution. The stipulation of this Act’s abetment provisions also applies to people who thorn children for sexual purposes.
The Act includes several protections to ensure that the child victim is treated with dignity and is not subjected to additional suffering as a result of the pursuit of justice. The statue was created to support child victims and their rehabilitation. It highlights the need for victim care and rehabilitation, making the afflicted child’s journey to healing and normalcy a priority.
Although the United Nations ratified the Convention on the Rights of the Child in 1989, offences against children were not addressed by legislation in India until 2012. It imposes severe penalties for committing acts against children, ranging from a minimum of 20 years in prison to the death penalty in cases of aggravated penetrative sexual assault.
The Act was reviewed and updated in 2019 to include further severe punishments, as well as the death penalty, for sexual offences against children to discourage criminals and prevent similar crimes.
Keywords: poison, child-friendly law, child victim, victim-friendly, child protection, child welfare.
MEANING, DEFINITION & EXPLANATION
The Protection of Children from Sexual Offences (POCSO) Act, validated in 2012, seeks to establish a regulatory framework for protecting children from ravishment, exploitation, and pornographic material. It defines a child as someone under the age of 18 and classifies a variety of offences, including invasive and non-invasive sexual assault and intimidation.
The Act prioritizes a child-friendly legal process by establishing Special Courts for expedited trials and preserving confidentiality to preserve victims’ identities. It also requires rehabilitation and support services for child victims, demonstrating a dedication to their physical and psychological healing.
HISTORICAL BACKGROUND:-
The Protection of Children from Sexual Offences (POCSO) Act was validated in 2012 in response to India’s 1992 approval of the UN Convention on the Rights of the Child. The Act points to creating a comprehensive legislative framework for protecting minors from sexual offence and exploitation.
Before the POCSO Act, legislation such as the Indian Penal Code (IPC) and the Juvenile Justice Act addressed sexual offences against minors, but they were insufficient to provide comprehensive protection. The Act was enacted in response to an alarming increase in sexual offences against children, to safeguard their safety and welfare.
The POCSO Act elucidate a child as anyone under the age of 18, and it recognizes that sexual abuse can affect both girls and boys, regardless of gender. It categorizes different offences, including invasive and non-invasive sexual assault, intimidation, and child pornography, and imposes severe penalties on offenders.
The Act prioritizes a child-friendly legal system, establishing Special Courts for expedited trials and preserving anonymity to safeguard victims’ identities. It also requires rehabilitation and support services for child victims, demonstrating a commitment to their physical and psychological healing. Key elements include required reporting of incidents, child identity protection, and victim rehabilitation assistance. The Act underlines India’s commitment to defending children’s rights and protecting them from sexual exploitation and abuse.
TYPES / KINDS OF VICTIM-FRIENDLY PROVISIONS
- Child-friendly courts
- In-camera trials
- Special prosecutors
- Compensation for victims
- Speedy trial provisions
VICTIM FRIENDLY PROVISION UNDER POCSO(PROTECTION OF CHILDREN FROM SEXUAL OFFENCES):-
The Protection of Children from Sexual Offences (POCSO) Act of 2012 incorporates several victim-friendly provisions designed to provide a child-friendly judicial process and reduce trauma for child sexual abuse survivors. These laws seek to provide a friendly and non-threatening atmosphere for child victims, encouraging reporting of offences and providing their approach to impartiality and rehabilitation.
Child-friendly reporting: The Act authorizes the police to record the child’s statement at the child’s home or a location of the child’s choosing, in the company of the child’s parents or a trusted adult
Confidentiality: The child’s identity is protected from public exposure at all stages of the legal process. The media is barred from publicizing the child’s identity.
Special courts: The Act requires the foundation of Special Courts for the quick hearing of offences, with the entire hearing to be concluded within one year of taking cognizance of the offence
Child-friendly procedures: discerning the gravity of the situation, the Act includes child-friendly methods for documenting evidence and conducting trials. The child’s testimony can be registered at home or a location of the child’s choosing, in the company of the child’s parents or a trusted adult.
Compensation: The Act authorizes the payment of compensation to the child for relief and rehabilitation at various stages of the judicial procedure.
Rehabilitation: The Act requires the construction of Special Juvenile Police Units and the appointment of Child Welfare Police Officers to handle cases in a child-friendly way and aid in the child’s rehabilitation.
Victim friendly Principal under poison act:-
- Within 24 hours of obtaining a report of child maltreatment or any related case, a police officer must notify the Child Welfare Committee.
- To avoid reprimanding the teenagers, the police personnel who grasp the case must dress correctly when recording the child’s statement.
- In the presence of the person the child trusts, the child’s affirmation of the crime must be registered.
- Only the lady doctor, present in the presence of a person the child trusts, should inspect the child medically to gather forensic evidence.
- Special courts have been established under this Act to hold trials quickly.
- It is the responsibility of this court to keep the child’s identification a secret and to prevent the accused from seeing the youngster while the statement is being recorded.
- The child can offer their evidence through video as well, and they won’t have to repeat it over and over.
- It should be mentioned that the matter shouldn’t be delayed and should be resolved a year after it was reported.
LANDMARK CASES:-
Facts:
The document is connected to the case of Nipun Saxena & Anr. v. Union of India & Ors. (Writ Petition (Civil) No. 565 of 2012), which was determined on December 11, 2018. The case concerns the identity protection of victims of sexual assaults under Section 228A of the Indian Penal Code (IPC) and Sections 23, 24, 25, 33, and 37 of the Protection of Children from Sexual Assaults (POCSO) Act of 2012.
Issue:-
- What is the scope of Section 228A of the IPC in terms of preserving the identity of victims of sexual crimes?
- How should the requirements of the POCSO Act of 2012 be read to protect the identification of minor victims of sexual offences?
- Does Section 228A(2)(c) of the IPC apply to young victims of sexual offences, or does the POCSO Act take precedence?
- What is the meaning of the phrase “matter which may make known the identity of the person” in Section 228A of the IPC and “any other particulars” in Section 23(2) of the POCSO Act?
JUDGEMENT:
The Court ruled that Section 228A of the IPC bans not just the publication of the victim’s name, but also the revelation of any other information that could reveal the victim’s identity.
The Court agreed with the Calcutta High Court’s directions in Bijoy v. State of West Bengal and directed the Chairpersons and Members of other High Court Juvenile Justice Committees to issue similar orders for the preservation of child victims’ identities under the POCSO Act.
The Court ruled that where the victim is a kid, Section 228A(2)(c) of the IPC no longer applies due to the passage of the POCSO Act, which particularly addresses minors.
The Court construed the wording “matter which may make known the identity of the person” and “any other particulars” broadly, ruling that the media cannot publish any information that could lead to the discovery of the victim’s identity.
Overall, the decision underlines the need to preserve the identity and privacy of sexual assault victims, particularly minors, to prevent future harm and trauma.
CONCLUSION & COMMENTS :
In conclusion, the Protection of Children from Sexual Offences Act provides strong legal protection for children who are victims of sexual offences. This special law is a powerful weapon against perpetrators of sexual offences against children and punishes such perpetrators more severely poison is a comphrihrehensive law, which deals with cases related child but according to me it’s not a law whereas it is the friend of a child because it provides the solution of all the problems about whom the child cannot talk or speak someone .it also protect the dignity of a child, this law provides the special privilege of children. this is a completely child-oriented law. this law is also gender-neutral law. There is no difference between the girl and the boy. child is a child who is below the age of 18.
REFERENCES:-
Books / Commentaries / Journals Referred
- Law of Protection of Children from Sexual Offences (POCSO) by Harsh Tikoo & Ravi B Wadhwa.
Online Articles / Sources Referred
- https://plutusias.com/pocso-act/
- https://childsafetyatwork.org/what-does-the-pocso-act-say/
- https://byjus.com/free-ias-prep/pocso-act/
- https://www.drishtiias.com/daily-updates/daily-news-analysis/pocso-act-3
- https://www.nextias.com/ca/current-affairs/19-11-2021/interpretation-of-the-pocso-act
- https://www.drishtiias.com/daily-updates/daily-news-analysis/pocso-act-3
- https://plutusias.com/pocso-act/
- https://byjus.com/free-ias-prep/pocso-act/
- https://aishwaryasandeep.in/prime-feature-of-pocso-act/
- https://www.kamarajiasacademy.com/current-affairs/analysis-pocso-act
- https://www.geeksforgeeks.org/protection-of-children-from-sexual-offences-act/
- https://vikaspedia.in/social-welfare/women-and-child-development/child-development-1/girl-child-welfare/scheme-for-care-and-support-to-victims-of-under-section-4-and-6-of-pocso-act-2012
- https://cdn1.byjus.com/wp-content/uploads/2021/02/POCSO-Act.pdf
- https://byjus.com/free-ias-prep/pocso-act/
- https://www.advotalks.com/article/victim
Cases Referred
- Nipun Saxena & Anr. v. Union of India
Statutes Referred
- protection of children from sexual offences in 2012.
- child rights act.
