POCSO ACT 2012
RECENT IN NEWS :
WFI chief Brij Bhushan Singh, booked under POCSO.(WRESTLERS PROTEST)
Chief Justice of India D Y Chandrachud asked lawmakers to look into “growing concern” over criminalisation under the POCSO Act of adolescents who engage in consensual sexual activity.
WHAT IS POCSO ACT ?
POCSO Act was enacted by the Parliament in 2012 to prevent children aged less than 18 from offences like sexual harassment, sexual assault, and child pornography. Its full form is the Protection of Children from Sexual Offences Act. The Act was passed in 2012 under the Ministry of Women and Child Development. MOREVER, POCSO Act defines Penetrative Sexual Assault, Aggravated Penetrative Sexual Assault, Sexual Assault, Aggravated Sexual Assault and also Child Pornography.
It also provides death penalty for Aggravated Sexual Assault
WHY WAS POCSO ACT PASSED WHEN WE ALREADY HAD INDIAN PENAL CODE?
POCSO ACT was passed to provide more stringent punishment for offences against children.
POCSO ACT does not discriminate against any gender. It’s a gender neutral law and male child is also protected. IPC on the other hand is not gender neutral and protects only female gender against sexual abuse.
CONSENT UNDER POCSO:
Under POCSO ACT every person under the age of 18 years is considered and child, hence consent of child is not valid.
WHY WORRY:
As per the reports conviction under POCSO ACT is only 27% while some states has it as low as 14%.
POCSO ACT provides that the trail should be held on daily basis and shall be concluded within one year but that is not happening on ground.
Minimum Punishment under POCSO is imprisonment of 3 years. Many courts prefer to acquit the accused because they think 3 years is too much punishment for the offence for which accused is charged.
CONCERN OVER CONSENSUAL SEXUAL RELATIONSHIP:
Minors aged between 16 and 18 who engage in a consensual act that may come under the definition of sexual activity under the law run the risk of being booked under POCSO. While these cases of adolescent sex may not necessarily result in conviction of a minor boy, the law is such that it could result in denial of bail and prolonged detention.
The Karnataka High Court has ruled that the intent of the Protection of Children against Sexual Offences (POCSO) Act, 2012, is not to prosecute teenagers who fall in love.The HC made the observation while ordering the termination of a case registered under the POCSO Act against a 16-year-old boy who eloped with a 16-year-old girl.
NOTE: Important for Preliminary Examination Only
