Thursday, 24 May 2012

A landmark Bill


A creche in a village, for the children of BPL catagory, run by ICCW, Assam.

Landmark bill on Child Sexual Abuse, which will help us to work closely with the police department. 
The Protection of Children from Sexual Offences Act, 2012, has been passed by the Lok Sabha, on 22nd May, 2012. The Bill was earlier passed by the Rajya Sabha on 10th May, 2012.
The Protection of Children from Sexual Offences Act, 2012 has been drafted to strengthen the legal provisions for the protection of children from sexual abuse and exploitation. For the first time, a special law has been passed to address the issue of sexual offences against children.
Sexual offences are currently covered under different sections of IPC. The IPC does not provide for all types of sexual offences against children and, more importantly, does not distinguish between adult and child victims.
The Protection of Children from Sexual Offences Act, 2012 defines a child as any person below the age of 18 years and provides protection to all children under the age of 18 years from the offences of sexual assault, sexual harassment and pornography. These offences have been clearly defined for the first time in law. The Act provides for stringent punishments, which have been graded as per the gravity of the offence. The punishments range from simple to rigorous imprisonment of varying periods. There is also provision for fine, which is to be decided by the Court.
An offence is treated as “aggravated” when committed by a person in a position of trust or authority of child such as a member of security forces, police officer, public servant, etc.
 Punishments for Offences covered in the Act are:
Penetrative Sexual Assault (Section 3) –  Not less than seven years which may extend to imprisonment for life, and fine (Section 4)
 Aggravated Penetrative Sexual Assault (Section 5) –­ Not less than ten years which may extend to imprisonment for life, and fine (Section 6)
Sexual Assault (Section 7) – Not less than three years which may extend to five years, and fine  (Section 8 )
Aggravated Sexual Assault (Section 9) – Not less than five years which may extend to seven years, and fine (Section 10)
Sexual Harassment of the Child (Section 11) – Three years and fine (Section 12)
Use of Child for Pornographic Purposes (Section 13) –  Five years and fine and in the event of subsequent conviction, seven years and fine (Section 14 (1))
The Act provides for the establishment of Special Courts for trial of offences under the Act, keeping the best interest of the child as of paramount importance at every stage of the judicial process. The Act incorporateschild friendly procedures for reporting, recording of evidence, investigation and trial of offences. These include:
Recording the statement of the child at the residence of the child or at the place of his choice, preferably by a woman police officer not below the rank of sub-inspector
No child to be detained in the police station in the night for any reason.
Police officer to not be in uniform while recording the statement of the child
The statement of the child to be recorded as spoken by the child
Assistance of an interpreter or translator or an expert as per the need of the child
Assistance of special educator or any person familiar with the manner of communication  of the child in case child is disabled
Medical examination of the child to be conducted in the presence of the parent of the child or any other person in whom the child has trust or confidence.
In case the victim is a girl child, the medical examination shall be conducted by a woman doctor.
Frequent breaks for the child during trial
Child not to be called repeatedly to testify
No aggressive questioning or character assassination of the child
In-camera trial of cases
The Act recognizes that the intent to commit an offence, even when unsuccessful for whatever reason, needs to be penalized. The attempt to commit an offence under the Act has been made liable for punishment for up to half the punishment prescribed for the commission of the offence. The Act also provides for punishment for abetment of the offence, which is the same as for the commission of the offence. This would cover trafficking of children for sexual purposes.
A creche at Guwahati, for the children of BPL catagory, run by ICCW, Assam.
For the more heinous offences of Penetrative Sexual Assault, Aggravated Penetrative Sexual Assault, Sexual Assault and Aggravated Sexual Assault, the burden of proof is shifted on the accused. This provision has been made keeping in view the greater vulnerability and innocence of children. At the same time, to prevent misuse of the law, punishment has been provided for making false complaint or proving false information with malicious intent. Such punishment has been kept relatively light (six months) to encourage reporting. If false complaint is made against a child, punishment is higher (one year).
The media has been barred from disclosing the identity of the child without the permission of the Special Court. The punishment for breaching this provision by media may be from six months to one year.
For speedy trial, the Act provides for the evidence of the child to be recorded within a period of 30 days. Also, the Special Court is to complete the trial within a period of one year, as far as possible.
To provide for relief and rehabilitation of the child, as soon as the complaint is made to the Special Juvenile Police Unit (SJPU) or local police, these will make immediate arrangements to give the child, care and protection such as admitting the child into shelter home or to the nearest hospital within twenty-four hours of the report. The SJPU or the local police are also required to report the matter to the Child Welfare Committee within 24 hours of recording the complaint, for long term rehabilitation of the child.
The Act casts a duty on the Central and State Governments to spread awareness through media including the television, radio and the print media at regular intervals to make the general public, children as well as their parents and guardians aware of the provisions of this Act.
The National Commission for the Protection of Child Rights (NCPCR) and State Commissions for the Protection of Child Rights (SCPCRs) have been made the designated authority to monitor the implementation of the Act.


Awareness program at Guwahati Childline.

22 comments:

  1. A comfort indeed. However when we look at this dispassionately , it can be noticed that it is not the lack of necessary legislation that is always the bane but the propriety of the custodians of the law and the legal fraternity that shames.

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    1. Very true, agree with you absolutely.

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  2. Good that you listed these here. I hope these get implemented too. A landmark bill indeed.

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    1. Thanks a lot ....
      Lets hope for the best ...

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  3. Ruprekha,

    It was about time for such forceful act, specially after so many case of deplorable acts of people responsible for running of orphanages.

    Take care

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    1. Of course yes, this was much awaited. Lets hope armed with this weapon now, we can deal with the issue in a specific way.

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  4. Is this passed after Satyamev Jayate's initiative??
    I hope no child ever goes through the trauma and pain of CSA!!

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    1. Not too sure Shilpa. Do not exactly remember the date when this particular episode of Satyamev jayate was aired. But the Bill was passed in Rajya Sabha on 10th May 2012. Was it after Aamir's initiative ?

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    2. I am happy that the bill was passed. Not happy that the age of consent has been raised to 18. The bill was indeed passed after Aamir's episode.

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    3. I salute Aamir for taking such a bold and brave step doing this show. Every episode is an eye opener.
      Thanks Rachna ...

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  5. Thanks for sharing this significant information in detail. Hopefully this will act as a severe deterrent to potential offenders and children better protected under this new law.

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    1. Yes, we are hopeful. This was much awaited.
      Thank you so much.

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  6. Ruprekha, thanks for highlighting the provisions of the bill! Only hope this is not yet another piece of legislation like child labor prevention and non smoking in public places which are never really implemented in practice:)

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    1. Most of us do worry about that, but lets hope for the best Rahulji. After passing of the bill, this particular issue can be addressed in a specific way. We, working for the rights and causes of children were waiting for this for a long time.

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  7. Hello Aunty,
    You have explained the bill in very detailed and coherent manner.
    It is nice to see how such issues are coming to the limelight.
    I hope the bill is implemented and used with as much detail!

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    1. Thank you so much Aayushi. Yes, lets hope the bill is implemented well.
      Nice of you to check this.

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  8. So sad that children are being abused (sexually and otherwise) to this day. I look at my grandkids and thank God that they are leading normal, happy lives.

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    1. Yes, gigihawaii, its very sad. In my field of work, I often come across such children. Its heart wrenching at times to see a child suffer for no fault of her. Its unbelievable how a human being can behave in that manner to a child. That is one reason why we, working for child rights and causes are happy that this bill has been passed. Now we only hope it is implemented properly.
      Lets hope God's blessings are for all children.

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  9. thanks for a detailed info...

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    1. Pleasure is all mine ashok....
      Thanks for dropping by ...

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