POCSO Act: Assault on boys punishable by death

POCSO Act: Assault on boys punishable by death

News:

The government approved amendments to the Protection of Children from Sexual Offences (POCSO) Act, 2012, to bring punishments for sexual assaults on boys on a par with those against girls.

Important Facts:

Important Features of POCSO Act, 2012

• The Protection of Children from Sexual Offences (POCSO) Act, 2012 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 below 18 years of age, who are deemed as children.
• The Act for the first time, defined “penetrative sexual assault”, “sexual assault” and “sexual harassment”
• The Act defined a child as any person below eighteen years of age.
• However, the POCSO Act, 2012, which deals with sexual crimes against both girls and boys, meant that same offences committed against boys carried lighter punishments.
• To correct this anomaly, the women and child development ministry wants to amend Sections 4, 5 and 6 of the POCSO Act, which will make rape committed against “any child” below 12 punishable with death.

Amendment to POCSO 2012 Act.

• The modification is made in (POCSO) Act, 2012 to address the need for stringent measures required to deter the rising trend of child sex abuse in the country
• The Union Cabinet approved changes to Section 6 of the POCSO Act, which deals with punishments for aggravated penetrative sexual assault, enhancing the punishment of 10 years to life imprisonment and 20 years to imprisonment for remainder of a person’s natural life or with death.
• Category of offence includes assault on a child under the age of 12 years, gang rape, assault on a mentally or physically challenged child or one that is committed by a relative or a custodian of a child.
• The government has also amended the definition of aggravated penetrative sexual assault to include an offence that causes the death of a child. The minimum punishment for penetrative sexual assault has been increased from seven years in jail to 10 years.
• It also provides for stringent punishment for the offence of administering hormones for making children “artificially major“.
• It is proposed to levy fine for not destroying or deleting, or (not) reporting the pornographic material involving a child. The person can be further penalized with jail term or fine or both for transmitting, propagating, administrating such material in any manner
• More stringent punishment for storing or possessing any pornographic material in any form involving a child for commercial purpose.

Significance:

• The amendment is expected to discourage the trend of child sexual abuse by acting as a deterrent due to strong penal provisions incorporated in the Act.
• It may protect the interest of vulnerable children in times of distress and ensures their safety and dignity. The amendment aims to establish clarity regarding the aspects of child abuse and punishment thereof.