POSCO ACT
1. Context
In the small town of Kaki, Assam, a public meeting was held under a vibrant pink and green tent, organized by the All Assam Minority Students' Union (AAMSU). The gathering consisted primarily of school-going children and elderly residents from the predominantly Bengali-origin Muslim community. This meeting came in the wake of a recent police operation against child marriage, where 31 individuals from the Hojai district were apprehended. Among those arrested were 13 men accused of marrying underage girls and 18 relatives suspected of facilitating these marriages.
2. About POSCO Act
The Protection of Children from Sexual Offences (POCSO) Act, 2012, is a comprehensive law enacted by the Indian Parliament to protect children from sexual abuse, assault, harassment, and pornography. The Act defines a child as any person below the age of 18 years and provides stringent punishments for various offences against children.
3. Key Provisions of the POCSO Act
- In Penetrative sexual assault (Section 4) Minimum punishment of 10 years imprisonment, extendable to life imprisonment, and a fine.
- In Aggravated penetrative sexual assault (Section 6) Minimum punishment of 20 years imprisonment, extendable to life imprisonment or the death penalty, and a fine.
- In Sexual assault (Section 7) Minimum punishment of 3 years imprisonment, extendable to 5 years, and a fine.
- In Aggravated sexual assault (Section 8) Minimum punishment of 5 years imprisonment, extendable to 7 years, and a fine.
- In Sexual harassment (Section 11)Minimum punishment of 3 years imprisonment and a fine.
- In the Use of a child for pornographic purposes (Section 13) Minimum punishment of 5 years imprisonment and a fine.
- In the Storage of pornographic material involving a child (Section 14) Minimum punishment of 3 years imprisonment and a fine.
- In the Abetment of an offence(Section 15) Punishment for abetment is the same as that for the actual offence.
4. Special Provisions of the POCSO Act
- Any person who knows that a child has been sexually abused must report the offence to the police or the Special Juvenile Police Unit (SJPU).
- There is no time limit for reporting offences under the POCSO Act.
- Special courts are designated to handle cases under the POCSO Act to ensure speedy trials.
- The Act mandates child-friendly procedures during investigation and trial, including the use of child-friendly language, avoiding repeated questioning, and providing support services.
5. Impact of the POCSO Act
- The POCSO Act has played a significant role in addressing child sexual abuse in India.
- It has raised awareness about the issue, strengthened legal provisions, and provided a framework for child protection.
- The Act has also led to an increase in reporting of child sexual abuse cases, indicating a growing trust in the legal system.
6. Challenges in Implementation
Despite its positive impact, the POCSO Act faces challenges in implementation, including:
- There is still a lack of awareness about the POCSO Act among the general public, including children, parents, and law enforcement officials.
- Due to overburdened courts and a shortage of trained personnel, there are often delays in the investigation and trial of POCSO cases.
- Social stigma and fear of reprisal often discourage victims and their families from reporting child sexual abuse.
7. Addressing the Challenges
To address these challenges, there is a need for:
- Comprehensive awareness campaigns targeting children, parents, teachers, and law enforcement officials are crucial to promote understanding of the POCSO Act and encourage reporting.
- Child welfare committees and special juvenile police units need to be strengthened to ensure effective implementation of the Act.
- Sensitization training for judges, prosecutors, and police personnel is essential to ensure child-friendly procedures and effective handling of POCSO cases.
8. The Way Forward
The POCSO Act is a significant step towards protecting children from sexual abuse. With continued efforts to address implementation challenges, the Act can play a vital role in ensuring a safe and secure environment for children in India.
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For Prelims: POCSO Act, Child abuse, sexual harassment,
For Mains:
1. The POCSO Act is a crucial tool in the fight against child sexual abuse, but public awareness and sensitization are still lacking. How can comprehensive awareness campaigns be designed to educate children, parents, teachers, and law enforcement officials about the Act and encourage reporting of offences? (250 Words)
2. Despite the positive impact of the POCSO Act, it faces several challenges in its implementation. Elaborate on the challenges faced in implementing the POCSO Act and suggest measures to address these challenges for more effective child protection. (250 Words)
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Previous Year Questions
Prelims
1. Read the following about child marriages: (Telangana Police SI 2016)
A) 'Child Marriage Restraint Act, 1929' fixed the age of the marriage for girls at 14 years.
B) 'Prohibition of Child Marriage Act, 2006' raised the age of marriage for girls to 18 years.
C) The 2011 Census found that 18% of women were married before 18 years of age.
Choose the correct statements
1. A & B 2. B & C 3. C & A 4. A, B & C
Answer: 1
2. 'Beijing Declaration and Platform for Action', often seen in the news, is (UPSC 2015)
A. a strategy to tackle the regional terrorism, an outcome of a meeting of the Shanghai Cooperation Organization
B. a plan of action for sustainable economic growth in the Asia-Pacific Region, an outcome of the deliberations of the Asia-Pacific Economic Forum
C. an agenda for women's empowerment, an outcome of a World Conference convened by the United Nations
D. a strategy to combat wildlife trafficking, a declaration of the East Asia Summit
Answer: C
3. The Prohibition of Child Marriage Act, 2006, prohibits child marriage. Under this act, ______ is the legal age for the marriage of girls. (DSSSB DOE PRT 2022)
A. 16 years B. 20 years C. 22 years D. 18 years
Answer: D
4. United Nations Children's Fund (UNICEF) was founded in ____ (DSSSB AE Civil 2021)
A.1948 B. 1945 C. 1946 D. 1947
Answer: C
5. According to the definition of the POSCO Act, children under what age or less than what age is considered to be a minor? (Rajasthan Police Constable 2020)
A. Less than 16 B. Less than C. 17 Less than D. 18 Less than 14
Answer: C
6. Read the following Child Rights as mentioned in the Children's Bill of Rights - (CTET 2021)
A) I have the right to a good education, and everyone has the Responsibility to encourage all children to go to school. (Article 28, 19, 23)
B) I have the right to express my views freely which should be taken seriously, and everyone has the responsibility to listen to others. (Article 12, 13)
Which of the following Articles of the Indian Constitution are complementary to the above Child Rights?
A. Article 28 and 12 B. Article 14 and 16 C. Article 51 and 78 D. Article 32 and 44
Answer: A
Mains
1. Examine the main provisions of the National Child Policy and throw light on the status of its implementation. (UPSC 2016)
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