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POCSO Act, 2012: Former CM Booked

PWOnlyIAS March 15, 2024 11:51 3054 0

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Context: Recently, former Karnataka Chief Minister BS Yediyurappa has been booked under the Protection of Children from Sexual Offences Act, 2012 (POCSO) at Sadashivanagar police in Bengaluru.

POCSO Act, 2012: Former CM Booked

Context: Recently, former Karnataka Chief Minister BS Yediyurappa has been booked under the Protection of Children from Sexual Offences Act, 2012 (POCSO) at Sadashivanagar police in Bengaluru.

What is the Protection of Children from Sexual Offences (POCSO) Act, 2012?

  • Objective: The law has been framed to protect children from offences of sexual assault, sexual harassment, and pornography and provide for the establishment of special courts for trial.
  • Crime: Individuals committing sexual advances on a child below 16 years of age shall be punished with jail term ranging from 20 years to imprisonment for life (or the remainder of the natural life of the person) besides a fine.
  • Consent: Consent given by a girl child below the age of 18 years is not regarded as valid consent and sexual intercourse with a minor girl amounts to offence of rape.
  • Amendment: The law was amended in 2019 to introduce stringent punishment including the death penalty for committing sexual crimes on children.
  • Other Feature: Apart from sexual abuse, POCSO also seeks to award punishment in cases of drugs being administered to children to bring about early sexual maturity.
  • Investigation Process: The investigation process is made as child-friendly as possible. Justice has to be served promptly within a year of reporting the case.
  • POCSO Full Form: Protection of Children from Sexual Offences.

What is the Punishment for Crime under POCSO Act?

Individuals committing sexual advances on a child below 16 years of age shall be punished with jail terms ranging from 20 years to imprisonment for life (or the remainder of the natural life of the person) besides a fine.

POCSO

  • About: The age of consent is the minimum age at which a person is considered to be legally competent to provide consent to sexual acts.
    • It is the minimum age of a person with whom another person has legal permission to engage in sexual activity. 
  • Beginning: The idea of the age of consent was first deliberated in the 19th-century case of Phulmoni Devi, a minor woman of 11 years who was married off to a man, who was aged 35.
    • The minor woman died after her husband forcibly consummated the marriage. This forced the colonial government to enact the Age of Consent Act, of 1891.
  • The age of consent has been changed multiple times by various laws in India and was 16 from 1940 until 2012 when it was raised to 18 years by the POCSO Act.
  • India: The age of consent in India is one of the highest in the world at 18 years, whereas in the majority of countries, it is between 14 and 16 years.
  • European Countries: The age of consent is 14 years in Germany, Austria, Hungary, Italy, and Portugal.
    • In England and Wales, the age of consent is 16 years. Countries such as Cyprus (17), Ireland (17), Turkey (18), and the Vatican (18) show variation.
  • Asian Countries: Japan has set the age of consent at 13 years and in Bangladesh, the age of consent is 16 years.
    • Sri Lanka has an age of consent of 16 years, regardless of gender or sexual orientation.
  • Affects Child Safety: Increasing or decreasing the age of consent will have a direct and negative bearing on the fight against child marriage and child trafficking.
  • Rape Cases: In the absence of clear age of consent, it is difficult to ascertain if a particular sexual activity was an offence or was consensual.
  • Curb Child Pornography: The age of consent is also very important to control the menace of child pornography.
  • Reproductive Health: With the age of consent, the government can prevent early pregnancy and exposure to sexually transmitted diseases among youngsters.
  • Educational Standards of Women: In case of lack of age of consent, there are high chances of teenage pregnancies. This can lead to a loss of education among girls.
  • Lowering the age of consent could potentially affect the ability of the judiciary to punish individuals, who are said to have sexual intercourse with minors.
  • It could also have a bearing on the fight against child marriage, child trafficking, and crimes against women.

What is the Significance of the POCSO Act?

  • Control Child Exploitation: POCSO law will act as a deterrent against exploitation of children, especially sexual harassment.
  • Protect Young Population: India has one of the biggest populations of children under 18 years of age and a law is needed to protect their rights.
  • Fundamental Rights: The constitution mandates that the state must protect children. The law seeks to uphold this responsibility of the state.
  • Cater to Child-Specific Issues: Problems faced by children are unique, and cannot be catered by IPC. Hence, POCSO specifically caters to the best interests of the children.

How is the POCSO Law Misused?

  • Control Marriage: There has been rampant misuse of POCSO law, sometimes by parents who want to control who their daughters or sons want to marry.
  • Political Motive: Many POCSO cases are based on political motivation. This defeats the actual purpose of the act.
  • Mental Trauma on Suspect: In POCSO cases, the judges seldom give bail, and if the case is false, the mental health and trauma of the suspect worsen.

How can POCSO Cases be concluded faster?

Fast-track courts can try the cases faster under the POCSO Act. This will lead to a reduction in the frequency of such incidents and the prolonged trials of offense.

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Frequently Asked Questions

Protection of Children from Sexual Offences (POCSO).

It's a law protecting children from sexual offenses, providing for special courts and stringent punishment.

Jail terms from 20 years to life imprisonment, plus fines, for sexual advances on children.

Protects children under 18 years from sexual abuse.

Section 12 of POCSO Act, 2012: POCSO is a cognizable and non-bailable offense.

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