POCSO ACT: Analysis

  • POCSO ACT: Analysis

    Date : 06-07-2019 11:35


    In this blog, we will discuss the fundamental provisions of the Protection of Children from Sexual Offences Act, (The POCSO Act, 2012). Also, an important section and provisions of the act will be discussed in this blog for your better understanding of the act.

    §  Meaning of Child Sexual Abuse: World Health Organization (WHO) has defined child sexual abuse as, “inappropriate sexual behaviour with a child” and “involving a child in sexual activity that he or she doesn’t fully comprehend, is unable to give informed consent to, or that violates the laws and social taboos of society”.

    §  Seven most important features of The POCSO Act, 2012:

    1.      POCSO ACT defines a child as a person who is below the age of 18 years. It encompasses the biological age of the child and doesn’t speak on the mental age considerations.

    2.      It identifies all forms of penetration other than penile-vaginal penetration and criminalizes acts of immodesty against children.

    3.      With respect to pornography, this act criminalizes even collecting or watching pornographic content involving children under Section 15 of the Act and shall be punished with imprisonment of either description which may extend to three years or with fine or both.

    4.      This Act criminalizes abetment of child sexual abuse under Section 17 of the act and is punishable under Section 18 of the act with imprisonment of any description provided for the offence, for a term which may extend to one half of the imprisonment for life or, as the case may be, one-half of the longest term of imprisonment provided for that offence or with fine or with both.

    5.      It also gives various procedural reforms under Section 19-22 of Chapter V under the Act makes the tiring process of trial in India considerably easier for children. The procedural formalities of reporting the case to Special Juvenile Police has made it easier to report child sexual abuse cases in a prompt and hassle free manner.

    6.      Under Section 20 of the act under chapter V makes it necessary for media personnel’s and personnel employed by hotel or lodge or hospital or club or studio or photographic facilities, by whatever name called, irrespective of the number of persons employed therein, shall, on coming across any material or object which is sexually exploitative of the child including pornographic, sexually-related or making the obscene representation of a child or children) through the use of any medium, shall provide such information to the Special Juvenile Police Unit, or to the local police so that such sex abuse offenders’ can be tracked down by police immediately.

    7.      However, This Act also has been criticized as its provisions seem to criminalize consensual sexual intercourse between two people below the age of 18 and take personal liberty of adolescents to indulge in consensual sex and youngsters who indulge in sexual activities will be prone to further harassment from family members, police and society. This new legislation has reignited the debate over the validity of the rationale behind age consent laws and the harmfulness of adolescent.

    §  Actions which are considered as Child Sexual Abuse according to a WHO report:

    1.      Fondling a child’s genitals

    2.      Making the child fondle the adult’s genitals

    3.      Intercourse, incest, rape, sodomy, exhibitionism and sexual exploitation

    4.      Inducement or coercion of child in unlawful activity.

    5.      The exploitative use of child in prostitution or other unlawful sexual practices

    6.      The exploitative use of children in pornographic performances and materials.

    §  The effects of child sexual abuse can include:

    1.      Depression

    2.      Post-traumatic stress disorder

    3.      Anxiety

    4.      low self-esteem

    5.      propensity to further victimization in adulthood

    6.      physical injury to a child

    7.      Psychological trauma

    If you are a child and facing abuse from an adult, then you take legal action against them. We can help you draft a legal petition. LawTendo is an intuitive online platform that makes it speedier and simpler to discover and contact the finest Attorneys in any city/court in India.

    LawTendo has around 15000+ lawyers across India in our platform & have successfully solved 15,000 cases. LawTendo strives to facilitate cost-efficient and quality legal service to our clients. You can contact LawTendo  online for Legal Consultation or contact us at +91-9671633666 or info@lawtendo.com.

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