INTRODUCTION
The Protection of Children from Sexual Offences (POCSO) Act, 2012, is a law that was enacted in India to provide protection to children from sexual abuse and exploitation. It is a comprehensive law that covers various aspects related to sexual offences against children, including prevention, protection, investigation, and prosecution of such crimes.
| Background: Before the enactment of the POCSO Act, there were various laws in India that dealt with sexual offences against children, such as the Indian Penal Code (IPC), the Juvenile Justice Act, and the Protection of Children from Sexual Offences Ordinance, 2012. However, these laws were not adequate to provide comprehensive protection to children from sexual abuse and exploitation. Therefore, the POCSO Act was enacted in 2012 to provide a comprehensive legal framework for the protection of children from sexual offences. |
| Prime features of the POCSO Act: The POCSO Act has several prime features that are aimed at protecting children from sexual offences. Some of these features are discussed below: |
- Definition of sexual offences: The POCSO Act provides a comprehensive definition of sexual offences against children. It includes a range of offences such as sexual assault, sexual harassment, and the use of children for pornography.
- Special courts: The POCSO Act mandates the establishment of special courts to try offences under this Act. These courts are expected to provide speedy justice to the victims of sexual offences.
- Protection of identity of victims: The POCSO Act provides for the protection of the identity of the victims of sexual offences. It prohibits the disclosure of the identity of the victim in any manner, including by the media.
- Mandatory reporting: The POCSO Act mandates that any person who has information about the commission of a sexual offence against a child must report it to the police. Failure to report such offences is a punishable offence.
- Stringent punishment: The POCSO Act provides for stringent punishment for sexual offences against children. The punishment can range from imprisonment for a minimum of three years to life imprisonment.
- Rehabilitation of victims: The POCSO Act provides for the rehabilitation of the victims of sexual offences. It mandates the establishment of a fund for the rehabilitation of such victims.
Top Leading Cases of POSCO act in India
The Protection of Children from Sexual Offences (POCSO) Act, 2012, is an important law in India that provides comprehensive protection to children from sexual abuse and exploitation. Over the years, there have been several high-profile cases under the POCSO Act in India. Some of the top leading cases of the POCSO Act in India are:
Nirbhaya gangrape case (2012): This case shook the entire nation and led to widespread protests demanding justice for the victim. While the case was primarily related to the gangrape and murder of a 23-year-old woman in Delhi, one of the accused was also charged under the POCSO Act for sexually assaulting a minor girl. Asaram Bapu case (2013): Asaram Bapu, a self-styled godman, was accused of sexually assaulting a 16-year-old girl in his ashram in Jodhpur. He was arrested and charged under various sections of the POCSO Act, and was sentenced to life imprisonment in 2018.
Ryan International School case (2017): In this case, a sevenyear-old boy was found dead in the washroom of Ryan International School in Gurugram. The school’s bus conductor was initially arrested and charged with the murder and sexual assault of the child under the POCSO Act. However, later investigations revealed that the conductor was not involved in the sexual assault, and a class 11 student was arrested and charged under the POCSO Act for the crime. Kathua rape case (2018): In this case, an eight-year-old girl from a nomadic community was abducted, drugged, and gangraped for days before being murdered in Kathua district of Jammu and Kashmir. The case gained widespread attention and led to protests across the country. Several people, including police officers and a retired government official, were arrested and charged under the POCSO Act for their involvement in the crime. Chinmayanand rape case (2019): Swami Chinmayanand, a former Union minister and head of a college in Uttar Pradesh, was accused of sexually exploiting a law student. The case gained media attention and led to protests demanding his arrest. He was charged under various sections of the POCSO Act, and is currently under trial.
These cases highlight the importance of the POCSO Act in providing protection to children from sexual offences, and the need for its effective implementation to ensure justice for the victims.
Conclusion:
The POCSO Act is an important legislation that provides comprehensive protection to children from sexual abuse and exploitation. It is a step towards creating a safer environment for children in India. However, the implementation of the Act has been a challenge, and there is a need for greater awareness and sensitization among stakeholders to ensure its effective implementation.
REFERENCES:
INDIAN KANOON
TIMES OF INDIA
LEGAL SERVICES INDIA
THIS ARTICLE IS WRITTEN BY OM PRAKASH TIWARI , A STUDENT OF FIMT , GGSIPU , NEW DELHI .
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