Preamble:-
The preamble of the Protection of Children from Sexual Offences Act (POCSO Act) specifically declares that the said Act aims to protect the children from being the victims of sexual abuse. In order to achieve the objective, the provisions of POCSO Act have been couched in a way so that it shall sub-serve the interest and well-being of the children. "It is imperative that the law operates in a manner that the best interest and well-being of the child are regarded as being of paramount importance at every stage, to ensure healthy physical, emotional, intellectual and social development of the child". Moreover, as a signatory to the United Nations Convention on the rights of the children, the Government of India was committed to making laws to prevent- (a) the inducement or coercion of a child to engage in any unlawful sexual activity; (b) the exploitative use of children in prostitution or other unlawful sexual practices; (c) the exploitative use of children in pornographic performances and materials.
Having regard to the alarming rise of sexual offenses throughout the country and Act like POCSO Act may be considered as the need of the hour. Decide act is child-friendly legislation loaded with favors for the children aged below 18 years. In fact, certain provisions of the Act are against criminal jurisprudence as followed and practiced in our country. For example sections 29 and 30 have placed a reverse burden on the accused to the extent of proving the negative in order to rebut the statutory presumption that he has "committed or abetted or attempted to commit the offense". The existence of the accused's men's rea or the mental state shall also be presumed unless the accused is able to establish that " he had no such mental state". The legislator can place a reverse burden on the accused but its effect cannot run counter to the well-settled principle that an accused shall be presumed innocent unless and until he is held guilty by a competent court.
Meaning:-
"The protection of children from sexual offenses".
i.e. protection to children under the age of 18 years against sexual offenses
It came into force on 14.11.2012. It is applicable to the whole of India.
Definition of Sexual Abuse:-
`` 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 various types of abuses.
Types of Abuse:-
1.Physical abuse
2.Domestic violence
3.Psychological (or) emotional abuse
4.Financial (or) Material abuse
5.Organizational (or) Institutional abuse
6.Discriminatory abuse
Punishment for these offenses:-
The maximum term of rigorous imprisonment for life and fine.
Example:-
Recent judgment for Hasini rape and murder case verdict: Accused Dhasvanth convicted to death by the Chengalpattu court.
A Mahila court in Chengalpattu here convicted 23-year-old Dhasvanth to death in the rape and murder of seven-year-old Hasini. He had burnt the child's body after he committed the crime on 06.02.2019. Special judge P. Velmurugan of Mahila court, Chengalpattu, Pronounced the death sentence and also awarded Daswanth a jail term of 46 years in a separate court, ensuring he never walks out of prison alive. "It is death by hanging," said the judge, heading to cheers from people outside the court.
Suggestions:-
To Government:
The government should implement sexual education in all schools and colleges.
To Parents:
The parents of the male child should teach them how to behave with a female child, and for the female child their parents should teach them about 'Good Touch and Bad Touch' and they must spend some time with their children, ask them did anybody misbehave with them,
Most of the children were hesitant to tell who misbehaved with them, to their parents.
To Teachers:
Even though the parents have to teach their children about this, teachers were spending more time with them in school and they can teach them in an understandable way
Latest Procedures for Investigation officers:-
Section 2 (1) (d):
Use of Aadhar Card in determining minor's age - held by Delhi High court in jabber v state 2018 Cr LJ (NOC) 685 (Del) that the entry in Aadhar Card is superior to the certificate given by the corporation.
Section 13:
Investigation of offenses involving commercial sexual exploitation - Calcutta High Court in State of West Bengal v Sangita Sahu 2018 Cr LJ (NOC) 684 (Cal) has laid down a guideline for an investigation into offenses involving commercial sexual exploitation. The said guideline runs as under:
(a) Any First Information Report registered under I.T.(P) Act or under sec. 370/372/373 of I.P.C. or under provisions of POCSO Act involving the commercial sexual exploitation of women or children should be investigated by a specialized agency like the Anti-Human Trafficking Unit;
(b) Such FIRs registered with local police station must, within 24 hours thereof, be transferred to specialized agencies for further investigation;
(c) In order to facilitate investigation in these cases, State Government is directed to set up Anti-Human Trafficking Units in every district which shall be manned by specially trained police personnel, not below the rank of Inspector who would be preferably women. These officers shall be notified as special police officers under sec. 13 of I.T.(P) Act;
(d) Statements of victims who are recovered in course of raid or thereafter must be mandatorily recorded under sec. 164 of Code of Criminal Procedure;
(e) Victims must be extended medical assistance which shall include psychological counseling in terms of sec. 357-B of Cr.P.C. at appropriate specialized medical institutions of State;
(f) Upon recording of their statements under sec. 164 of the Code of Criminal Procedure necessary financial assistance by way of interim compensation and/or other rehabilitation measures provided under the Victim Compensation Scheme formulated by the State of West Bengal under sec. 357-A must forthwith be extended to victims. In the event, victims are minors they must be forwarded before the Child Welfare Committee for care, custody, rehabilitation, etc.
(g) Jurisdictional Magistrates/Special Courts to whom cases are reported shall seek a report from the Investigating Agency as well as from the Secretary, District Legal Services Authority with regard to providing of medical assistance, compensatory and/or other rehabilitation assistance to victims of such crimes:
(h) Wherever there is a threat perceptive to victims and/or their families, they shall be extended police protection and other necessary protective measures by the trial court.
(i) Prosecution of such cases shall be done with utmost promptitude and be concluded at an early date.
(j) During the trial, learned Public Prosecutors shall ensure recording of depositions of victims at the earliest without unnecessary delay preferably within a month from the date of commencement of trial so that any chance of winning over or intimidation of victims may be minimal.
Conclusion:-
In most of the Pocso cases, the accused was under the influence of alcohol, another thing is that the parents were leaving their female child alone in their home without safety measures.
My Thought:
We all know that the law and punishment for crimes are getting stronger now, but we also saw that the crime rates are increasing every day, it is due to the lack of awareness among the people.
The main thing is that alcohol plays a major role in many types of offense, If you all agree with that, let me know in the comments.
NOTE: (If you want the copy of this article, you can download below)
For more reference, you can get (S.P SENGUPTA COMMENTARIES ON THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012)
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