The POCSO act (Protection of children from sexual offences, 2012) was formulated to provide a tough legal framework for the protection of children from offences of sexual assault, sexual harrassment and pornography while preserving the interest of the child at every stage of the judicial process. In this article, we are going to cover everything you nee to know about Child Abuse Laws in India and also the recent Amendments made to this act.
What is the POCSO law?
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 heinous if the abused child is mentally ill or when the abuse is committed by a person in a position of trust or authority.
Parliament Proceedings
On 24th July, 2019- The Rajya Sabha passed a bill to bring about modification to the POSCO act by adding death penalty for aggravated sexual assault on children. It was introduced in the Rajya Sabha by Ms. Smriti Irani, Woman and Child Development Minister.
The bill was sent to the Lok Sabha for its final approval on August 1 and it was approved unanimously on the same day.
Women and Child Development Minister Smriti Irani during a Parliament debate Image Credit : LSTV |
Promoting Gender Neutrality
The centre has also proposed to amend the act to provide justice to the male child victims of sexual assault. This was recently announced after when an ordinance was passed by President Ram Nath Kovind provided the death penalty for rape of girls under the age of 12.
An uncountable number of males have also been blackmailed and falsely accused of sexual assaults which has destroyed their lives to the extent of no rebounds.
With campaigns like #metoo, a fight for the rights and safety of women has been initiated. On the other hand campaigns for the rights and safety of men are nowhere to be seen or heard of.
Masculinism refers to the advocacy of the rights or needs of men and boys. The only word that we hear or discuss about is Feminism and how it must be promoted, unlike Masculinism which is rarely even talked about.
With the change in the POCSO act promoting gender-neutrality is a big and an extraordinary step.
Men who are falsely accused will be treated fairly and it will be only possible when the inside processes of the investigations are on to the point and unbiased with clear cut evidences to take action against or in favour.
Many key changes have been proposed:
- Severe Punishments for committing sexual crimes against children including death penalty.
- Provision of death penalty in cases of sexual offences against children.
- Provision of imprisonment and fine for child pornography.
- Amendments also provide for levy of fines and imprisonment.
- Also proposed to protect children from sexual offences in time of natural calamities and in other situations where children are administered, in any way, any hormone or any chemical substance, to attain early sexual maturity for the purpose of penetrative sexual assault.
What can we expect?
Now the only question which remains unanswered is whether the amendment of this act will be followed seriously or will it rot just like the other acts which have been either started or restarted by BJP.
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