THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT.

The protection of children from sexual offences act (known as POCSO Act, 2012) was effectively formulated in order to uproot the sexual offences, exploitation and harassment of the innocent children in the society. The president of India gave assent to this law on June 19^th, 2012 and the same was notified in the gazette of India on June 20^th, 2012.

WHO IS A CHILD?

According to POCSO Act, 2012 a child is referred to a person who has not attained the age of 18 years  or we can say that the person who is below the age of 18 years is considered as child.

According to the POCSO Act, 2012 there are many forms of sexual abuses which are defined including penetrative and non- penetrative assault, as well as sexual harassment and pornography. It deems a sexual offence more “exacerbate” if a victim is mentally ill or physically handicapped or a differently abled person or when the person is in the position of trust or is a relative of victim or is a part of any authoritarian power like police, medical team (doctor), family member or any other person who has a physical or emotional relationship with the victim (child).

The act casts police as a protector of child who is a victim of sexual offence during the whole investigation in the case. The police personnel receiving the report of sexual abuse of a child are responsible for making proper and adequate arrangements for the care and protection of the child. For example- obtaining emergency medical treatment for the victim, shifting of a child in shelter home, affairs related to his education, rehabilitation and other expenses to be made, to bring out the matter in front of CWC, should the need arise.

SEXUAL OFFENCES AND CRIME AGAINST CHILDREN – A DATA ANALYSIS

India has 440 million children as a part of its population which is more than the entire population of countries like USA, Mexico and Canada. Every fifth child in the world is an Indian. But what sort of life do these children have as they grow up. These children face some of the toughest challenges than compared anyone else. The majority of Indian children lack in health and nutrition also they are forced into child labour and are not even sent to school. Besides this, the biggest challenge that children are facing these days is the problem of growing sexual abuse amongst them.

According to the report of BBC released, every hour at least four children are sexually abused and are victims of  the sexual offences.

According to the National crimes record bureau, there is a steady rise in crime rate against children.

The latest report on the crimes in 2016 released by the Home Minister Rajnath Singh in New Delhi, 106,598 cases of crimes against children was recorded. Out of which 36,022 cases were filed under POCSO Act, 2012. India is home to the largest number of sexually abused children in the world, but there is general reluctance to talk about the topic so the real number of cases could be much higher.

According to a 2007 survey study conducted by India’s ministry of women and child development, 53% of children surveyed said they had been subjected to some form of sexual abuse.  Most of the abusers are people known to the victims, like parents, relatives and schoolteachers.

SOME IMPORTANT PROVISIONS OF THE POCSO ACT, 2012 ARE AS FOLLOWS à

The offences under the POCSO Act, 2012 are to do sexual intercourse with a boy or girl, to touch their private parts of their body, to make obscene comments or to abuse them with inappropriate wordings, following them, to make them watch porn videos or adult videos or to encourage them for pornography or trafficking of children for the purpose of sexual activities. These all acts are considered as offences and are non – bailable offence defined by the POCSO Act, 2012.

• ·       This law defined under POCSO Act, 2012 is totally gender neutral and does not distinguish on the basis of sex of a victim. Anyone can be victim or offender.
• ·       The legal age for making sexual relations by the consent of two is 18 years of age.
• ·       It is necessary to give description about the offence happened with victim and most of the offences under the POCSO Act, 2012 are non- bailable offence.
• ·       It is necessary that the child who is victim and is rescued by the authorities is to be presented within 24 hours of the rescue in front of child welfare committee for the better care and medical treatment required by him/her.
• ·       The statement of the victim must be recorded in the presence of his parents, the person who has friendly relations with the child or any such place where he/she resides or the place loved by him most.
• ·       Under this law services of child welfare specialists, translators, special teacher and physiologists can be taken if deemed fit in the particular case.
• ·       The statement of the victim can also be recorded and saved through audio or video electronic devices.
• ·       The identity of a child cannot be released in front of public or media until and unless the special court orders for the same.
• ·       The medical examination of the victim can be undertaken even when the FIR is not lodged under section 164-K of CrPC, 1973. 

• ·       To take serious actions and to undertake discussions on offences under the POCSO Act, 2012 every district of all the states have district and session courts regarded as special court. The person who tries to commit or commits crime under sections 3, 5, 7 and 9. Then the special court will presume that the accused has done the crime until and unless any new evidence is not given into the consideration of the court.
• ·       It is under provision that the entire hearing should take place in a closed room in the presence of victim’s parents or family members. Also, the surroundings of the room should be friendly to victim so that he/she may put his points without any fear or worry.
• ·       Special court will ensure sufficient comfort to the child (victim) and is entitled to give uniform breaks between the hearing and it will not force and tell the victim to be present in every hearing for the evidences. If it is necessary and is deemed fit according to the court then only court will direct victim to remain present on the day of hearing.
• ·       Special court can record statement of the victim through the means of video conferencing or the chamber which is having a facility through which one sided imagery or video call can be conducted for the recording of statements.
• ·       If any offence under the POCSO Act, 2012 is committed by child itself then that child will be dealt according to the sections and remedies of Kishore nyay (care and protection of child) act, 2000.
• ·       If any family or guardian of the victim is not able to make up the financial expenses of the lawyer, the district legal authorities will provide them free legal counsel for their case.
• ·       The matter should be decided by the special court within a year of the registration of the case.
• ·       The POSCO Act, 2012 will be supervised by National Commission for Child Protection And Rights and the State Commission for Child Protection And Rights.

IMPORTANT HELPLINE NUMBERS FOR EMERGENCY à

1.     Child line – 1098

2.     Police control room – 100

3.     Women helpline – 1090

4.     Ambulance – 108

These helpline numbers can be used to complaint against the sexual offences or harassment faced by children.

CONCLUSION

Parents can play a vital role in protecting their children from sexual abuse by teaching, empowering and educating their child about these issues. Sexual abuse is preventable and not inevitable. Youngsters are safe when parents take the time to understand potential risks and take protective measures. Create a protective environment for your children and always tell them the do’s and don’ts of accepted behaviors from outside people. Repose trust and faith in your child and be communicative of your child problems. Understand their needs and difficulties and offer solutions. Be friendly with your children so that any form of sexual abuse does not go unreported because of fear in child’s mind.