The Protection of Children from Sexual Offences Bill, 2011

The Protection of Children from Sexual Offences Bill, 2011

• The Bill seeks to protect children from offences such as sexual assault, sexual harassment and pornography. India is a signatory to the UN Convention on the Rights of the Child since 1992. The parties to the Convention are required to take measures to prevent children from being coerced into any unlawful sexual activity.
• Any person below the age of 18 years is defined as a “child”. The Bill seeks to penalise any person who commits offences such as “sexual harassment”, “sexual assault”, “penetrative sexual assault”, and “aggravated penetrative sexual assault”.
• A person shall be guilty of using a child for pornographic purposes if he uses a child in any form of media for the purpose of sexual gratification through representation of sexual organs of a child or using a child in sexual acts or other types of obscene representation. The penalty is rigorous imprisonment for upto five years and a fine. On subsequent convictions, the term of imprisonment is upto 7 years and fine.
• The Bill also includes penalties for storage of pornographic material and abetment of an offence.
• An offence committed under this Act shall be reported to either the local police or the Special Juvenile Police Unit who has to report the matter to the Special Court within 24 hours. The police also have to make special arrangement for the care of the child. In case a person fails to report a case, he shall be penalised. Also, the Bill includes penalties for making false complaints.
• Each district shall designate a Sessions Court to be a Special Court. It shall be established by the state government in consultation with the Chief Justice of the High Court. The state government shall appoint a Special Public Prosecutor for every Special Court. The Court shall, as far as possible, complete the trial within one year. The trial shall be held in camera and in the presence of the child’s parents or any person trusted by the child.
• The guardian of the child has the right to take assistance from a legal counsel of his choice, subject to the provisions of Code of Criminal Procedure, 1973.
• If an offence has been committed by a child, it shall be dealt with under the Juvenile Justice (Care and Protection of Children) Act, 2000.

Merits

1.> CHILD FRIENDLY PROCESS:-A child’s statement can be recorded with child permission n in simple language even at the child’s residence or a place of his choice n done by a female police officer not below the rank of sub-inspector. It will protect children under age of 18 from sexual crimes.

2.> PUNISHMENT:-Punishes those involve in child traffics
-Punishes those who not report or have knowledge that an offence has been committed i.e. media personnel, staff of hotel/ lodges, hospitals, clubs.
– It is now mandatory for police to register an FIR in all cases of child abuse.

3.> EMERGENCY PROVISION :Medical facilities to be available within 24 hours of crime.

4.> CARE N PROTECTION :information should be given to CWC (Child welfare committee) and child can be taken out from his house if any threat is being used.

5.> COMPENSATION :State government should give compensation within 30 days of judgement.

Demerits

1. CONSENT: It's silent about the further procedures when child refuses to undergo medical examination but the family member or investigating officer insists. 
2. MEDICAL EXAMINATION: conflicting legal position arises when female doctor is not available and Criminal law says anybody on duty can do examination.
3. TREATMENT COST: the hospital and establishment has to provide free medical care to the survivors or the State should take responsibility of reimbursing the cost otherwise hospital may provide substandard medical treatment.
4. CONSENTED SEXUAL INTIMACY: Sexual contact between two adolescents or between an adolescent and an adult are considered illegal under the POCSO Act.
5. CHILD MARRIAGES: Child marriage are considered illegal under the POCSO Act, 2012 but it's guranteed under certain Personal Law thus complicating matters.
6. REPORTING: It is well known that the cases of child sexual abuse are usually not reported. Both survivors and family members feel embarrassed and ashamed bearing the guilt, anger, frustration.
7. It does not take MENTAL age as parameter thus causing injustice to those suffering from them.

By: ABHISHEK KUMAR GARG