The government launched an act protecting them from sexual harassment to make children safe and parents at ease. Let’s find out about the POCSO Act punishment.
The POCSO Act got legislated in 2012 to guard children against sexual crimes. It was passed to save children from sexual assault, sexual harassment, and child pornography and specify the establishment of Special Courts for hearing such crimes and related issues and happenings.
The Act got amended in 2019 to make requirements for the enhancement of penalties for various crimes to prevent the perpetrators and provide safety, security, and noble childhood for a kid. It also specifies POCSO act punishment for people who traffics children for sexual objectives. The Act also applies punishment against false complaints or incorrect details.
Key Attributes Of The Act
It is not a gender-biased act
By describing a child as ‘any person below the age of 18 years, the POCSO Act establishes a gender-neutral tone for the legal framework open to child sexual abuse sufferers. However, the Act does not differentiate between criminals of child sexual abuse based on gender.
It is a crime not to report abuse
It needs every person who doubts or has the learning of a sexual offence being perpetrated against a child to report it to the provincial authority or the Special Juvenile Police Unit. The Act punishes the perpetrator of sexual abuse and disciplines those who have failed to convey the offence with either imprisonment, a fine, or both.
No time limitation for reporting abuse
A victim can inform a crime at any time, even several years after the abuse has been executed. Therefore, institutions dealing with children in India cannot prohibit child sexual abuse complaints filed against their workers based on time-lapse.
Confidentiality of victim’s individuality
Section 23 of the POCSO Act restricts exposure of the victim’s identity in any state of media, except when approved by the special courts specified under the Act. A breach of this section can draw penalties under the Act.
The latest rules added to the Act
Any organisation residing with children or coming in frequent contact with them must perform an occasional police verification and background review of every worker who might interact with a child. Such an organisation must impart routine training to sensitise its workers on child protection and safety.
It has to embrace a child protection approach based on zero tolerance for brutality against children. Moreover, this approach must reflect the child security policy of the state government in which the institution works.
Sexual Harassment And Punishment
Section 11 describes sexual harassment as a person gets said to perpetrate sexual harassment upon a child when such a person with sexual purpose:
Any person speaks or creates any sound, makes any gesture, or shows any object or part of the body with the intention that such word or sound shall get heard, or such gesture or object or part of the body shall get seen by the child; or
Forces a child to do such things mentioned above;
Draws or Displays a child anything that may relate to pornography or pornographic connotations, watching or getting child either directly or digitally, intimidates to use an actual or fabricated portrayal through electronic, film, digital or any other method, of any body part of the child.
Section 12 of the POCSO Act defines the sentence of detention for a term, which may advance to three years and shall also be accountable to fine. Section 12 of the POCSO act summarises all the related guidelines on punishment and confinement of the offenders.
Section 10 of the POCSO Act punishment for the worsened sexual attack. Whoever commits an exacerbated sexual attack shall get disciplined with imprisonment of either report for a term that shall not be less than five years but may expand to seven years and get exposed to a fine.
Conclusion
POCSO Act 2012 is described as An Act to save children from offences of sexual assault, sexual harassment, and pornography and provide for the setting up of Special Courts for the trial of such crimes and issues coupled with it.
It got passed on the guideline under the Ministry of Women and child development. It specifies strict confinement as POCSO Act punishment for a term that shall not be less than ten years. Still, it may advance to detention for life and a fine as a penalty for exacerbated penetrative sexual attack.