THE PROTECTION OF CHILDREN FROM SEXUAL OFFENSES ACT ,2012

LAW TO PROTECT CHILDREN

In this article all we will about is protection from the world which are they not known of.

The Act has been enacted to protect children from offences of sexual assault, sexual harassment and pornography and provide for establishment of Special Courts for trial of such offences and related matters and incidents.

It defines a child as someone under the age of 18. The Indian Penal Code does not recognise that sexual assault can be committed on boys.

The Act also increased the scope of reporting sexual crimes against children. It expanded the definition of sexual assault to include non-penetrative sexual assault as well as aggravated penetrative sexual assault (sections 3 to 10), and also included punishment for persons in positions of trust of authority like public servants, staff of educational institutions, police etc.

In Sec 13,14,15 POCSO Act also specifically lays down stringent punishment for exposing children to, or using them to create child sexual abuse material.

Now, here are some obvious features we will talk about

The Act is gender neutral and regards the best interests and welfare of the child as a matter of paramount importance at every stage so as to ensure the healthy physical, emotional, intellectual and social development of the child.

The Act defines a child as any person below eighteen years of age, and regards the best interests and well-being of the child as being of paramount importance at every stage, to ensure the healthy physical, emotional, intellectual and social development of the child.

It defines different forms of sexual abuse, including 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 when the abused child is mentally ill or when the abuse is committed by a person in a position of trust or authority vis-à-vis the child, like a family member, police officer, teacher, or doctor.

It also talks about some laws for child trafficking.

A new law or term added currently-

It defines “child pornography” as any visual depiction of sexually explicit conduct involving a child which include photograph, video, digital or computer generated image indistinguishable from an actual child, and image created, adapted, or modified, but appear to depict a child.

Some relevant cases

Gurcharan Singh vs State Of Haryana on 13 September, 1972

A girl under 16 years was ‘forcibly taken by the accused to his fields, outside the village where he committed rape on her. The court ruled that mere absence of marks of violence on the victim is immaterial because she was under 16 years of age.

Mathura rape case 

Mathura was a 16 years old orphan tribal (Adivasi) girl living with one of her two brothers. She was raped by two policemen in desaiganj.

CONCLUSION

This situation has currently has become worse throughout the country. Literally, even not a single individual can believe about this that children below age 18 are sexually assaulted. Really, what on universe a child is not protected. Who is secured no mother neither child the country has to do something or otherwise everyone would return to a crime intentionally or non-intentionally it will wrong to the society and of course people of society. In this pandemic it has been increased in the small places even bigger to who knows where and it tend to happen. Every individual is doing some wrongs and the person itself knows about it then also continues to do so. The worst thing is no one is stepping towards taking action against it.

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