POCSO Act: Protecting children

The POCSO Act was notable since it was the first to address juvenile sexual offences. While the Act addresses crimes against juveniles it has particularly helped in delivering justice in molestation and rape case trials of minor girls. The Indian Penal Code does not particularly address juvenile sexual offences. In the IPC provisions were not created for children, and thus they could not achieve justice without harming the child's mental health.

Kids today don't hang from tree limbs or play rat-a-tat in the streets, as we are all well aware. These days, many parents are wary of their children hanging out with other youngsters for fear that their offspring would be negatively influenced by the young generation, this is especially true of parents who have young daughters. A few parents also worry about their children being exposed to bad influences at home.

In 2018, an average of 109 Indian children were sexually abused each day, the majority being girls as reported by the National Crime Record Bureau. There has been an annual increase of 22 per cent in cases of child sexual abuse, according to the National Crime Record Bureau. Millions of kids and teens suffer from harassment, abuse, and exploitation. Both their physical and mental health worsen. Abuse of the mind or emotions can have long-lasting effects. Even though sexual abuse of children is a major problem in today's culture, few people talk about it. It has negative consequences for health as well as other areas of life.

The pandemic provided parents another reason to keep their kids home and teach them social skills online rather than sending them outside. They made their kids watch online classes. In Protect Global Alliance's 2021 Global Threat Assessment Report, we found that COVID-19 increased online child sexual exploitation and abuse. Who will save these flower children? POCSO has the answers.

The 2012 Protection of Children from Sexual Offenses Act (POCSO Act) protects minors from all forms of sexual assault. Even though the UN General Assembly ratified the Convention on the Rights of the Child in 1989, India did not pass any child-crime legislation until 2012. Previously, India had no legal redress. It punishes child abusers with 20 years to the death penalty for serious penetrative sexual assault.

Before 2012, India's only laws protecting children's rights were the Goa Children's Acts of 2003 and 2004. The 1860 Indian Penal Code's Sections 375, 354, and 377 criminalised child sexual abuse. These limits leave masculine children vulnerable to sexual assault and modesty. Modesty and "unnatural offence" are not defined in the Code.

Why the Act was created?

To better safeguard children and make the legal system more kid-friendly, on November 14, 2012, the Protection of Children from Sexual Offenses Act was signed into law. It was crucial to create this Act for a speedy and secure trial in cases of sexual offences to shield the kid from the traumatising effects of the long, drawn-out court process and the lingering memory of the transgression. The Act provides for the swift and reliable prosecution of sexual offences. There are 46 sections, 9 chapters, and 1 appendix.

Act requirements

The POCSO Act was notable since it was the first to address juvenile sexual offences. While the Act addresses crimes against juveniles it has particularly helped in delivering justice in molestation and rape case trials of minor girls. The Indian Penal Code does not particularly address juvenile sexual offences. In the IPC provisions were not created for children, and thus they could not achieve justice without harming the child's mental health.

This statute was necessary since no other law protected kids from sexual offences other than rape, which does not discriminate based on gender.

Goals

Like all codified laws, the POCSO Act has numerous goals:

• This measure established broad sexual offence regulations.
• To prepare severe consequences for Act-specified sexual offences.To create a child-friendly trial law.
• This act also guaranteed kids the right to know about their legal processes.
• Finally, to guarantee every child's voice,

The Act has many penalties

The minimum sentence for penetrating sexual assault with a minor under the age of 16 is twenty years in prison, and the maximum sentence is life in prison plus a fine.

The same penalty applies if the victim is a minor under the age of 18 and the offender commits a serious, penetrating sexual assault.

The criminal must serve three to five years in prison and pay a fine for sexually assaulting a minor.

Pornographic usage by a minor carries a minimum 5-year prison sentence and a fine. The perpetrator faces 7 years in prison and a fine if they do it again. The perpetrator risks a minimum of 10 years in jail and a fine for a third offence.

A person who stores pornographic content made by a child under 18 could be imprisoned for three years and fined.

Also Read: Conquer the World with your favourite Denims

Also Watch: