A 2007 survey by the Ministry of Women and Child Development showed that 53% of children in India had been sexually abused. At the end of our Child Sexual Abuse episode, we asked if there should be a specific law against this crime. Out of all the responses we received, 99.6% said ‘Yes’.
This was only one indication of the increasing public pressure for the law, which was passed by both houses of Parliament on May 22, 2012. The Protection of Children against Sexual Offences Act (POCSO) came into effect on Children’s Day, November 14, 2012.
Salient features of POCSO
- It is gender neutral.
- It makes the reporting of abuse mandatory.
- It makes the recording of sexual abuse mandatory.
- It lists all known types of sexual offences towards minors.
- It provides for the protection of minors during the judicial process.
Provisions of POCSO
- Police officers must bring every case to the attention of the Child Welfare Committee within 24 hours of receiving a report.
- They must also be in plain clothes while recording the minor’s statement so as to not appear intimidating.
- The statement must be recorded in a place chosen by the minor, in the presence of a person that he/she trusts.
- The medico-legal examination for the collection of forensic evidence must be conducted only by a female doctor, in the presence of a person that the minor trusts.
- Special courts have been set up to conduct speedy, in-camera trials. These courts must ensure that:
» the minor is not exposed in any way to the accused during the recording of evidence.
» the minor’s identity is not disclosed at any time during the investigation or trial.
» the minor is not made to repeat his/her testimony in court, and that he/she can give the testimony using a video link.
» the case is disposed within one year from the date of the offence being reported.
» the defence routes all questions through the judge and is not allowed to ask them in an aggressive manner.
» an interpreter, translator, special educator or any other expert is present in court for the minor’s assistance.
» compensation for medical treatment and rehabilitation is given to a minor who has been sexually abused.
Punishments listed under POCSO
1. Penetrative sexual assault:
Penetration that is peno-vaginal, peno-oral, peno-urethral or peno-anal, fingering or object penetration.
Punishment: Not less than 7 years; this may extend to life imprisonment, and a fine (Section 4).
2. Aggravated penetrative sexual assault:
Committed by a person of trust or authority such as a police officer.
Punishment: Not less than 10 years; this may extend to rigorous life imprisonment, and a fine (Section 6).
3. Non-penetrative sexual assault:
Committed by whoever, with a sexual intent,
» touches the vagina, penis, anus or breast of the child
» makes the child touch the vagina, penis, anus or breast of such person or any other person
» does any other act with sexual intent which involves physical contact without penetration.
Punishment: Not less than 3 years; this may extend to 5 years, and a fine (Section 10).
4. Aggravated non-penetrative sexual assault:
Committed by a person of trust or authority such as a police officer.
Punishment: Not less than 5 years; this may extend to 7 years, and a fine (Section 10).
5. Sexual harassment:
Unwelcome sexual remarks, emails or telephone calls; taunting, jeering, demands or requests for sexual favours.
Punishment: 3 years and a fine (Section 12).
6. Use of minor for pornographic purposes:
Involving a child in the preparation, production and/or distribution of pornography via print, electronic, computer or any other technology.
Punishment: 5 years and a fine, and in the event of second conviction, 7 years and a fine (Section 14 (1)).
7. Attempt of offence:
Punishment: 1 year and/or fine (Section 18).
8. Abetment of offence:
Instigating a person to commit an offence; conspiring to commit an offence; intentionally aiding an offence.
Punishment: Same as that of the offence (Section 17).
9. Failure to report an offence
Punishment: 6 months and/or a fine (Section 21).