“Anyone below the age of 18 years is a child” as said by the
United Nations Convention on the Rights of Child and as stated under section
2(d) of the POCSO Act, 2012.
A child is the one who has no or very less knowledge about
the word and the people living therein. Children are immature and do not
clearly understand the difference between what is right and what is wrong.
Protection of children from sexual offences act, 2012
intends to protect these children from any kind of sexual abuse by protecting
them at the time of the judicial process and by giving them utmost importance
so that the things go smoothly and with the best interest of the children.
This act covers sexual harassment[1], sexual
assault[2],
child pornography[3] or
any other form of sexual abuse such as penetrative assault[4] and
non-penetrative assault.
The act states that it is mandatory for a person to report
cases related to sexual offences. If anyone knows that a child has been
sexually harmed, they are under a legal obligation to file a complaint, if they
fail to do so, they may be punished with 6 months in prison or fine or both.
Importance of POCSO
Children who have suffered sexual offences are traumatized
and tend to build a cocoon around themselves by cutting off from the outside
world. At these times it is necessary to have a child-friendly procedure where
they feel safe. Lack of guidelines on how to deal with children hampers the
quality of trial.
Before this act was made, the children were questioned
repeatedly and thus made to suffer as they relive the memory again & again.
Lack of medical support and improper counselling makes the healing procedure
far more difficult. Also, there was no supervision over the mental and physical
health of the child before and after the court proceedings were done.
Thus, it became necessary to make laws that took deep care
of the affected children by helping them out of trauma and ensuring their
protection from any further abuse. The act also ensures the safety of the child
while the court is in process and even after the procedures are over.
Sexual abuse and assault of children is a heinous crime and
it needs to be addressed effectively so, the POCSO Act, 2012 was made under
Article 15(3) of the Indian Constitution which empowers the state (state list)
to enact special provision for children.
PROCEDURE
The complaint can be easily filled at the nearest police
station. Right after receiving such complaints, the police personnel are
responsible for protecting the child by making arrangements for the necessary
medical treatments, also they are required to bring the matter under the Child
Welfare Committee (CWC) within 24 hours of receiving the complaint report.[5]
The child is taken for the medical examination. The
examination is carried out in the presence of a person whom the child trusts.
If the child is female, the examination is carried out by a female doctor.
The child is called for a trial in special courts[6] that
are child friendly and where his or her identity is kept confidential[7]. The
child is assisted[8] by
professionals and experts trained in psychology, physical & mental health
etc. These courts provide for the compensation amount that must be paid to the
aggrieved child, which can be used for the child’s medical treatment and
rehabilitation. This case must be disposed of within 1 year from the date of
filing of the report.[9]
AWARENESS ABOUT THE ACT
The act was enacted in 2012, that is 65 years after
independence. States, along with many Non-government Organisations, are
creating awareness among various strata of the societies. Also, the children
are being taught about good touch and bad touch so that they can become aware
and raise a voice when they feel uncomfortable.
A child helpline number (1098) has also been provided which
helps the child register any complaint without disclosing his or her name and
other information. The CHILDLINE India has also made a short movie titled
‘KOMAL’, that educated the children about safe and unsafe touch. It also
teaches them to protect themselves and seek help from the adults.
Let’s not victimise the victim,
rather we must ensure them, their safety in all possible ways. It is important
to make the children understand that they have done nothing wrong. Encourage
them to speak against the evil, and help them to get out of the trauma.
[1] POCSO Act, 2012; section 2(j)
[2] POCSO Act, 2012; section 2(i)
[3] POCSO Act, 2012; section 2(da)
[4] POCSO Act, 2012; section 2(f)
[5] Ministry of women and child
development, model guidelines under sec.39 of POCSO Act,2012; pg. 4; sep2013
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