Provisions of the POCSO Act

In India, child sexual abuse is a very under-reported crime that has been swiftly and frighteningly growing in the previous decade. Indian families’ aversion to discussing things like safe sex practices, consent, or even the distinction between good and poor touch has also contributed to such crimes. Sexual violence against a child has severe consequences on the child’s physiological and emotional development, which commonly manifests as a psychiatric condition in adulthood.

To slow the alarming rate of child sexual abuse and penalise sexual assault of children, the government of India introduced the Preservation for Children against Sexual Offenses Act, 2012 (POCSO Act).

What is the POCSO Act?

The POCSO Act of 2012 and the rules that followed came into force on November 14, 2012. It is a detailed legislative act to safeguard children from a range of possible offences such as sexual abuse, sexual misconduct, and pornographic materials, as well as protecting their interests at every stage of the judicial proceedings through a child-friendly mechanism for information disclosure, capture proof, research, and right to a speedy trial by special courts. It specifies several types of sexual crimes, including penetrative and non-penetrative assault and sexual misconduct and pornographic material.

Provisions of the POSCO Act

• The National Commission for the Protection of Children’s Rights (NCPCR) and the Standing Committee for the Protection of Children’s Rights are in charge of monitoring and enforcing this law (SCPCR).
• It offers the accepted definition of a child, which is everyone under eighteen and covers children of all genders.
• Offences should be reported, evidence recorded, investigated, and tried in a child-friendly way. 
• Hearing the child’s testimony in their home or another location of the child’s choosing, ideally by a female police investigator not under the level of sub-inspector.
• Under no circumstances can a child be kept in a police station overnight.
• To remove the linguistic barrier, interpreters should be present. If the kid is impaired, a special instructor or someone acquainted with the child’s speech pattern should be present.
• The child’s statement should be documented exactly as it was said.
• To minimise the dread of police, the law enforcement officer should be dressed in casual clothes when documenting the children’s testimony.
• The severity of the penalty and fee should be determined by the offence and the child’s mental health.
• It establishes special courts for adjudication of such crimes. The trial should be dealt with utmost priority and resolved within a year.
• There will be no aggressive interrogation or personal attacks on the child.
• The kid’s physical examination must take place in the presence of the legal guardian or another individual in whom the child has faith and credibility. 
• The Juvenile Court Commission and the Child Welfare Committee provide long and short-term therapy.

General Principles of the POCSO Act

1. Right to life and survival.
2. Best interest of the child.
3. Right to be treated with dignity and compassion.
4. Right to be protected from discrimination.
5. Right to special preventive measures.
6. Right to be informed.
7. Right to be heard and to express views and concerns. 
8. Right to effective assistance.
9. Right to Privacy.
10. Right to be protected from hardship during the justice process.
11. Right to safety.
12. Right to compensation.

Features of the POCSO Act

1. Gender-neutral law: The POCSO Act establishes a gender-neutral legislative structure for child sexual abuse victims by identifying a minor as anyone less than eighteen years. The statute also makes no distinction between male and female offenders of childhood sexual exploitation, and in certain cases, the court systems have found women guilty of similar crimes.

2. Not reporting abuse is an offence: The mandatory disclosure requirement established under Section 19 is the POCSO Act’s greatest prominent and possibly most contentious element. Any individual in control of an organisation who refuses to report any sexual offence involving subordinates is subject to punishment. The statute not only convicts individuals who commit sexual assault but also those who neglect to report the crime, punishing them with jail, a fine, or both.

3. No time limit for reporting abuse: Usually, child sex abuse survivors experience trauma prohibits them from quickly reporting their assault. As a result, a survivor can report the crime at any time, sometimes years after the crime has occurred.

4. Maintaining confidentiality of the victim’s identity: Section 23 of POCSO Legislation forbids the defendant’s identity from being revealed in just about any means of communication unless the special court system formed by the act allows it. Irrespective of whether such statements are done in good conscience, a breach of this provision might result in legal consequences.

5. Any organisation that houses minors or has frequent contact with them must do a regular security check and credit check on each and every individual who may engage with a kid. Such institutions should provide training sessions to its personnel to raise awareness about kid protection and safety.

Conclusion

The POCSO Act’s principal purpose is to protect minors from sexual attacks and exploitation and any other type of sexual offence. However, the act’s goal will not be achieved until the issues of protected sex, good touch, and poor contact are taboo subjects in Indian households.