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The Protection of Children
from Sexual Offences (Amendment) Bill, 2019 was passed recently by both Houses
of Parliament with an objective of stopping the rampant sexual abuse of
children. The bill seeks to provide more stringent punishment, including death
penalty, for sexual crimes against children.
Key changes
proposed:
1) Penetrative sexual assault: The bill increases minimum punishment for this offence from 7 years to 10 years. It also provides for with imprisonment between 20 years to life, with fine if person commits penetrative sexual assault on child below age of 16 years.
2) Aggravated penetrative sexual assault: The Bill adds two more grounds to definition of aggravated penetrative sexual assault. These include: (i) assault resulting in death of child and (ii) assault committed during natural calamity or in any similar situations of violence. It also increases minimum punishment from 10 years to 20 years, and maximum punishment to death penalty.
3) Aggravated sexual assault: The Bill adds two more offences to definition of aggravated sexual assault. These include: (i) assault committed during natural calamity and (ii) administrating or help in administering any chemical substance or any hormone to child for the purpose of attaining early sexual maturity.
4) Child Pornography: The Bill defines child pornography as any visual depiction of sexually explicit conduct that involves child such as photograph, video, digital or even computer generated image indistinguishable from actual child. It also enhances punishments for certain offences related to child pornography.
5) Storage of pornographic material: It increases punishment for storage of pornographic material with imprisonment between three to five years, or fine, or both. In addition, it also adds two other offences for storage of pornographic material involving children. These include: (i) transmitting, displaying, distributing such material except for the purpose of reporting it and (ii) failing to destroy or delete or report pornographic material involving child.
.1) Penetrative sexual assault: The bill increases minimum punishment for this offence from 7 years to 10 years. It also provides for with imprisonment between 20 years to life, with fine if person commits penetrative sexual assault on child below age of 16 years.
2) Aggravated penetrative sexual assault: The Bill adds two more grounds to definition of aggravated penetrative sexual assault. These include: (i) assault resulting in death of child and (ii) assault committed during natural calamity or in any similar situations of violence. It also increases minimum punishment from 10 years to 20 years, and maximum punishment to death penalty.
3) Aggravated sexual assault: The Bill adds two more offences to definition of aggravated sexual assault. These include: (i) assault committed during natural calamity and (ii) administrating or help in administering any chemical substance or any hormone to child for the purpose of attaining early sexual maturity.
4) Child Pornography: The Bill defines child pornography as any visual depiction of sexually explicit conduct that involves child such as photograph, video, digital or even computer generated image indistinguishable from actual child. It also enhances punishments for certain offences related to child pornography.
5) Storage of pornographic material: It increases punishment for storage of pornographic material with imprisonment between three to five years, or fine, or both. In addition, it also adds two other offences for storage of pornographic material involving children. These include: (i) transmitting, displaying, distributing such material except for the purpose of reporting it and (ii) failing to destroy or delete or report pornographic material involving child.
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Positives:
1)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.
2) It intends to protect the interest of vulnerable children in times of distress and ensures their safety and dignity.
3) The amendment is aimed to establish clarity regarding the aspects of child abuse and punishment thereof.
4) It is gender-neutral and thus looks into the sexual assault of both minor boys and girls.
1)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.
2) It intends to protect the interest of vulnerable children in times of distress and ensures their safety and dignity.
3) The amendment is aimed to establish clarity regarding the aspects of child abuse and punishment thereof.
4) It is gender-neutral and thus looks into the sexual assault of both minor boys and girls.
Challenges:
1) Lack of social awareness among the masses.
2) Children find it difficult to understand many advertisements and campaigns related to abuses.
3) There is advancement of law but it appears that it has no impact because the number of cases is multiplying.
4) Problem with implementation of the law.
5) Child protection committees not in place at village level.
6) Politicization of rape cases on communal grounds.
7) The rate of conviction under the POCsO act is only 32% as that of past 5 years and pendency is 90%.
8) Absence of proper training at village level leads to child abuse.
9) Judges don’t use the power to announce medical interim compensations to the victims.
1) Lack of social awareness among the masses.
2) Children find it difficult to understand many advertisements and campaigns related to abuses.
3) There is advancement of law but it appears that it has no impact because the number of cases is multiplying.
4) Problem with implementation of the law.
5) Child protection committees not in place at village level.
6) Politicization of rape cases on communal grounds.
7) The rate of conviction under the POCsO act is only 32% as that of past 5 years and pendency is 90%.
8) Absence of proper training at village level leads to child abuse.
9) Judges don’t use the power to announce medical interim compensations to the victims.
So, this is a high time that mass awareness programs to be
held by government and related NGOs and gender sensitized education to be
provided in the school as part of their curriculum.
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