To
deal with child sexual abuse cases, the Government has brought in a special
law,
namely,
The Protection of Children from Sexual Offences (POCSO) Act, 2012. The Act has
come
into force with effect from 14th November, 2012 along with the Rules framed there
under.
The
POCSO Act, 2012 is a comprehensive law to provide for the protection of
children
from
offences of sexual assault, sexual harassment and pornography, while safeguarding
the
interests
of the child at every stage of the judicial process by incorporating
child-friendly
mechanisms
for reporting, recording of evidence, investigation and speedy trial of
offences
through
designated Special Courts.
The
said Act defines a child as any person below eighteen years of age, and defines
different
forms of sexual abuse, including penetrative and non-penetrative assault, as
well as
sexual
harassment and pornography, and deems a sexual assault to be “aggravated” under
certain
circumstances,
such as when the abused child is mentally ill or when the abuse is committed by
a
person
in a position of trust or authority vis-à-vis the child, like a family member,
police officer,
teacher
or doctor. People who traffic children for sexual purposes are also punishable
under
the
provisions relating to abetment in the said Act. The said Act prescribes
stringent punishment
graded
as per the gravity of the offence, with a maximum term of rigorous imprisonment
for life
and
fine.
In
keeping with the best international child protection standards, the said Act
also
provides
for mandatory reporting of sexual offences. This casts a legal duty upon a
person who
has
knowledge that a child has been sexually abused to report the offence; if he
fails to do so, he
may
be punished with six months‟
imprisonment and/ or a fine.
The
said Act also casts the police in the role of child protectors during the
investigative
process.
Thus, the police personnel receiving a report of sexual abuse of a child are
given the
responsibility
of making urgent arrangements for the care and protection of the child, such as
obtaining
emergency medical treatment for the child and placing the child in a shelter
home,
should
the need arise. The police are also required to bring the matter to the
attention of the
Child
Welfare Committee (CWC) within 24 hours of receiving the report, so the CWC may
then
proceed
where required to make further arrangements for the safety and security of the
child.
5
The
said Act makes provisions for the medical examination of the child in a manner
designed
to cause as little distress as possible. The examination is to be carried out
in the
presence
of the parent or other person whom the child trusts, and in the case of a
female child,
by
a female doctor.
The
said Act provides for Special Courts that conduct the trial in-camera and
without
revealing
the identity of the child, in a child-friendly manner. Hence, the child may
have a parent
or
other trusted person present at the time of testifying and can call for
assistance from an
interpreter,
special educator, or other professional while giving evidence; further, the
child is not
to
be called repeatedly to testify in court and may testify through video-link
rather than in a
courtroom.
Above all, the said Act stipulates that a case of child sexual abuse must be
disposed
of
within one year from the date the offence is reported. It also provides for the
Special Court to
determine
the amount of compensation to be paid to a child who has been sexually abused,
so
that
this money can then be used for the child’s medical treatment and rehabilitation.
The
said Act recognizes almost every known form of sexual abuse against children as
punishable
offences, and makes the different agencies of the State, such as the police,
judiciary
and
child protection machinery, collaborators in securing justice for a sexually
abused child.
