In order to effectively address the heinous crimes of sexual abuse and sexual exploitation of children through less ambiguous and more stringent legal provisions, the Ministry of Women and Child Development championed the introduction of the Protection of Children from Sexual Offences (POCSO) Act, 2012.
The Act has been enacted to protect children from offences of sexual assault, sexual harassment and pornography and provide for establishment of Special Courts for trial of such offences and related matters and incidents.
The Act was amended in 2019, to make provisions for enhancement of punishments for various offences so as to deter the perpetrators and ensure safety, security and dignified childhood for a child.
Salient Features of Pocso act and Its Amendment
The Act is gender-neutral and regards the best interests and welfare of the child as a matter of paramount importance at every stage to ensure the healthy physical, emotional, intellectual and social development of the child.
The Act defines a child as any person below eighteen years of age. It regards the best interests and well-being of the child as being of paramount importance at every stage, to ensure the healthy physical, emotional, intellectual and social development of the child.
It defines different forms of sexual abuse, including penetrative and non-penetrative assault, as well as sexual harassment and pornography. It deems a sexual assault to be “aggravated” under certain circumstances, such as when the abused child is mentally ill or when the abuse is committed by a person in a position of trust or authority vis-à-vis the child, like a family member, police officer, teacher, or doctor.
Benefits of POCSO Act
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.
Know more about this Act - https://www.legitquest.com/legal-guide/pocso-act
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