POCSO Act- Non-Reporting Of Sexual Assault Despite Knowledge Is A Serious Crime | Gist of Rajya Sabha TV / RSTV (now Sansad TV) - UPSC PDF Download

POCSO Act:

• The Protection of Children from Sexual Offences Act (POCSO Act) 2012was formulated in order to effectively address sexual abuse and sexual exploitation of children.
• Role of police:The Act casts the police in the role of child protectors during the investigative process. Thus, the police personnel receiving a report of sexual abuse of a child are given the responsibility of making urgent arrangements for the care and protection of the child
• Safeguards: The Act further makes provisions for avoiding the re-victimisation of the child at the hands of the judicial system. It provides for special courtsthat conduct the trial in-camera and without revealing the identity of the child, in a manner that is as child-friendly as possible.
• Mandatory reporting:The Act also provides for mandatory reporting of sexual offences. This casts a legal duty upon a person who has knowledge that a child has been sexually abused to report the offence; if he fails to do so, he may be punished with six months’ imprisonment and/ or a fine.
• Definitions: The Act defines a child as any person below eighteen years of age. It defines different forms of sexual abuse, including penetrative and non-penetrative assault, as well as sexual harassment and pornography. It 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 like a family member, police officer, teacher, or doctor.

Impact of the recent amendments:

• The amendment is expected to discourage the trend of child sexual abuse by acting as a deterrent due to strong penal provisions incorporated in the Act.
• It intends to protect the interest of vulnerable children in times of distress and ensures their safety and dignity.
• The amendment is aimed to establish clarity regarding the aspects of child abuse and punishment thereof.

 Why is it that despite having POSCO Act, there are so many cases?

• The Indian constitution has safeguarded every person before he or she is punished by the means of fair trial which has led to pendency of cases.
• 2006 survey reveals that 88% children of the total surveyed have been abused by tSheir parents which is not revealed.
• Society is changing fast, exposure and too much interaction leads to gap in understanding each other which may inturn lead to crime by close mates.

Challenges:

• Lack of social awareness among the masses.
• Children find it difficult to understand many advertisements and campaigns related to abuses.
• There is advancement of law but it appears that it has no impact because the number of cases is multiplying.
• Problem with implementation of the law.
• Child protection committees not in place at village level.
• Politicization of rape cases on communal grounds.
• Many of us donot know about POSCO act.
• The rate of conviction under the POSCO act is only 32% as that of past 5 years and pendency is 90%.
• Absence of proper training at village level leads to child abuse.
• Judges donot use the power to announce medical interim compensations to the victims.
• Every case desires media attention equally and not only Unnao and Kathua rape cases.

Way Forward:

• Massive awareness should be created among the masses about child’s dignity and about the law in place.
• POSCO Act needs to be part of school syllabus.
• Along with fast track courts, proper infrastructure and judges capacity should be looked upon.
• Need of ground level work.
• Speedy delivery of justice.
• Proper police training and a dedicated children cell at stations as that of a women cell.
• Need of accountability at each and every level.
• Many Indians – men and women – refuse to believe that sexual violence is a serious problem eating away at India’s vitals. It is essential to recognise that the crisis lies in the precise manner in which the existing criminal justice system unfolds.
• Instant medical relief and compensations should be provided to the victim.
• Children should be given a platform and proper environment to speak against such abuse.
• Check on technology.
• Strict action must be taken against the police officer found guilty of obstructing the probe or colluding with perpetrators of such cases.
• Providing sex education to children, which is neglected in India. This makes them more aware of various protective laws, good touch-bad touch et

Conclusion:

Society itself will have to take the responsibility of giving it the right direction. Without this, we cannot achieve all the promise that we had as a nation at the time of Independence. We must collectively rise to the occasion and create a safe India for our children.