By: Dr. Kumar Raka, Editor-ICN
In order to effectively address the terrible crimes of sexual abuse and sexual exploitation of children through less ambiguous and more stringent legal provisions, the Ministry of Women and Child Development championed the introduction of the Protection of Children from Sexual Offences (POCSO) Act, 2012.
Amendment Bill
The POCSO Amendment Bill, 2019 was introduced in Lok Sabha by the Minister of State for Women and Child Development, Mr. Virendra Kumar on January 8, 2019. The amendment bill was lapsed due to the Lok Sabha elections. The minister of women and child development and textiles (Smt Smriti Zubin Irani) introduced the Amendment Bill again on 23rd July 2019. Shri B. Lingaiah Yadav (Synopsis, Rajya Sabha) supported the bill and said that “in the last six months 24,000 children were subjected to rape but cases were registered against 911 persons only.
In a statement of objects and reasons, the Bill mentioned that the incidence of child sexual abuse cases demonstrating the inhumane mindset of the abusers, who have been barbaric in their approach towards young victims, is rising. There has been a rise in crime against children in the country in the recent years. It is estimated that 1.6 lakh cases of child abuse are pending in 31 states and Union Territories (UTs). As per official data, about 12,609 rape cases were registered under the POCSO Act during 2018-19. The Rajya Sabha on 24th July passed the Bill entailing amendments to the POCSO Act by including death penalty for aggravated sexual assault on children, besides providing stringent punishments for other crimes against minors.
Key Points of POCSO Amendment Bill, 2019
.Those committing penetrative sexual assaults on a child below 16 years of age would be punished with imprisonment up to 20 years, which might extend to life imprisonment as well as fine.
·In case of aggravated penetrative sexual assault, the Bill increases the minimum punishment from 10 years to 20 years, and the maximum punishment to death penalty.
·To curb child pornography, the Bill provides that those who use a child for pornographic purposes should be punished with imprisonment for up to 5 years and a fine. However, in the event of second or subsequent conviction, the punishment would be extended up to 7 years along with a fine.
·The Bill defines child pornography as any visual depiction of sexually explicit conduct involving a child including photograph, video, digital or computer generated image indistinguishable from an actual child.
·The amendment in Section-2, Section-4, Section-5, Section-6, Section-9, Section-14, Section-15, Section-34, Section-42 and Section-45 of Protection of Children from Sexual Offences (POCSO) Act, 2012, is made to address the aspects of child sexual abuse in appropriate manner.
Inclusion of word ‘Natural Calamity’: Integration of DRM practices with CCDRR
The Bill adds two more offences to the definition of aggravated sexual assault in Section 9 clause (S). These include: (i) assault committed during a natural calamity, and (ii) administrating any hormone or any chemical substance, to a child for the purpose of attaining early sexual maturity.
Inclusion of aggravated “assault committed during a natural calamity” as offence in POCSO Amendment Bill 2019 has great significance for both disaster risk management professionals and advocates of child rights. Evidences suggest that emergencies and natural disasters escalate the risk of assault due to weakened child protection systems and disruption of preventative mechanisms. The communities and families that are more vulnerable to loss of food and shelter commit violence against children more frequently. The history and evidences of exposure to violence, parental substance abuse, poverty, and child labor have been predictors of increased violence against children in disaster and emergency situations. Further, after actions taken by the policy makers to integrate Children into DRR framework in backdrop of POCSO Amendment Bill 2019; now its responsibility of practitioners of DRM and advocates of Child Rights to find the best practices and alternatives as to ensure aggravated sexual assault is not committed against children during the natural disasters and how the occurrence of the same can be prevented and minimized.
Welcoming Judgment of Supreme Court of India
Hon’ble Supreme Court on 25th July 2019 directed to setting up of special courts in each districts across the country that had over a 100 cases of child abuse and sexual assault pending trial under the POCSO Act. A bench led by Chief justice of India directed the courts to be set up in 2 months. This order came from the Suo Motu Public Interest Litigation petition. However, the minimum number of cases pending trail under POCSO within a district for setting up of Special Courts may be reduced to half in future.
Way forward
It is good achievement that Ministry of Women and Child Welfare has came with new amendment Bill to reduce the crime rate and simultaneously the Supreme Court also has came with solution for close the pending cases. The Bill has opened up vistas for protecting the children from sexual offences in situations of natural calamity and this is path-breaking step towards realizing children’s rights in most difficult situations when their vulnerabilities are at peak.
