Protection of Children from Sexual Offences (POCSO) Act 2012
- August 25, 2021
- Posted by: OptimizeIAS Team
- Category: DPN Topics
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Protection of Children from Sexual Offences (POCSO) Act 2012
Subject – Governance
Context – Attorney General K KVenugopal urged the Supreme Court to reverse the Bombay High Court ruling which held that if there is “no direct physical contact, i.e. skin to skin”, no offence of sexual assault under Protection of Children from Sexual Offences (POCSO) Act, 2012.
Concept –
- It was enacted to protect the children from offences of sexual assault, sexual harassment and pornography with due regard for safeguarding the interest and well-being of children.
- It defines a child as any person below eighteen years of age and regards the best interests and welfare of the child as a matter of paramount importance at every stage, to ensure the healthy physical, emotional, intellectual and social development of the child.
- It defines different forms of sexual abuse, including penetrative and non-penetrative assault, as well as sexual harassment and pornography.
- It deems a sexual assault to be “aggravated” under certain circumstances, such as when the abused child is mentally ill or when the abuse is committed by a person in a position of trust or authority like a family member, police officer, teacher, or doctor.
- It also casts the police in the role of child protectors during the investigative process.
- The Act stipulates that a case of child sexual abuse must be disposed of within one year from the date the offence is reported.
- It was amended in August 2019 to provide more stringent punishment, including the death penalty, for sexual crimes against children.
- The Supreme Court has directed the Centre to set up special courts in each district across the country that have over a 100 cases of child abuse and sexual assault pending trial under the Protection of Children from Sexual Offences (POCSO) Act.