The Author, Niharika Kalra is a 2nd Year, B.Com.LLB student of University Institute of Legal Studies, Panjab University. She is currently interning with LatestLaws.com.
Q1. What are sexual offences?
Sexual offences include violence against children, which is a gross violation of children’s rights. It can take the form of sexual abuse, harassment, rape or sexual exploitation in prostitution or pornography. Children are vulnerable to these offences at homes, schools, workplaces etc.
Q2. What is child sexual abuse?
Child sexual abuse is a form of child abuse that includes sexual activity with a minor. A child cannot consent to any form of sexual activity, period. When a perpetrator engages with a child this way, they are committing a crime that can have lasting effects on the victim for years. Child sexual abuse does not need to include physical contact between a perpetrator and a child.
Q3. What is POCSO rules?
The new POCSO rules are included under POCSO Act 2012. It was enacted to provide a robust legal framework for the protection of children from offences of sexual assault, sexual harassment and pornography, while safeguarding the interests of children at every stage of the judicial process. The new rules enables implementation of recent amendments to the Act under which provisions of punishment for child abuse has been made more stringent.
Q4. What will the government do to generate awareness?
The central or state government shall prepare age-appropriate study material for educating children about various aspects of personal safety including measures to protect their physical, and virtual identity and to safeguard their emotional and mental well being. It shall also inculcate in them gender sensitivity, gender equality and gender equity for effective prevention of offences under the Act.
Q5. How it could be reported?
Government has provided various reporting mechanisms including a Child helpline-1098 services.
Q6. What procedure should be followed regarding care and protection of child?
Whenever local police or SJPU(Special Juvenile Police Unit) receives any information or complaint the respective police officer should take following details like name telephone number and supervisor getting information should also tell the person his name and designation. If the child needs any emergency medical care, he/she must be taken immediately to the hospital for the medical examination. The supervisor must ensure that the samples collected for the purposes of the forensic tests are sent to the forensic laboratory immediately and must inform the child's parent or guardian or other person in whom the child has trust and confidence.
Q7. What medical aid and care will be provided?
Where an officer of the SJPU, or the local police receives information that an offence under the Act has been committed and is satisfied that the child needs urgent medical care and protection, such officer, or as the case may be, the local police shall, within 24 hours of receiving such information, arrange to take such child to the nearest hospital or medical care facility center for emergency medical care.
Q8. Do doctors or medical practitioners need any legal notice to examine the victim child?
No medical practitioner, hospital or other medical facility center rendering emergency medical care to a child shall demand any legal or magisterial requisition or other documentation as a pre-requisite to rendering such care.
Q9. What all needs of a child should a medical practitioner examine?
Needs include treatment of cuts and bruises or any genital injuries. He must examine for Sexually transmitted diseases and exposure to HIV and possible pregnancy and contraceptive should be discussed with the parents or guardian.
Q10. What legal aid and assistance is provided?
The Child Welfare Committee (CWC) shall make a recommendation to District Legal Services Authority for legal aid and assistance. The legal aid and assistance shall be provided to the child in accordance with the provisions of the Legal Services Authorities Act, 1987 (39 of 1987).
Q11. What special relief will be provided to the victim?
In case a child needs any special relief like food, clothes, transport or any other need which CWC might find satisfactory, CWC may recommend for payment of such needs to
(i) the DLSA under Section 357A or
(ii) the DCPU out of such funds placed at their disposal by state or
(iii) funds maintained under section105 of the Juvenile Justice (Care and Protection of Children) Act,2015 (2 of 2016)
The payment shall be made immediately within a week of receipt of recommendation.
Q12. What compensation is provided to victim?
It is the duty of court to pass an order for interim compensation to meet the needs of the child for relief or rehabilitation at any stage after registration of the First Information Report. Such interim compensation paid to the child shall be adjusted against the final compensation. Compensation is provided under sub-section (8) of section 33 of the Act read with sub-sections (2) and (3) of section 357A of the Code of Criminal Procedure, 1973 (2 of 1974).
Q13. What factors should be taken into consideration before providing compensation?
(i) type of abuse, gravity of the offence and the severity of the mental or physical harm or injury suffered by the child;
(ii) the expenditure incurred on child's medical treatment for physical or mental health
(iii) loss of employment or education as a result of the offence
(iv) whether the child became pregnant or any disability as a result of the offence;
(v) whether the child contracted a sexually transmitted disease (STD) or HIV as a result of the offence: or any other factor that the Special Court may consider to be relevant.
Q14. How is POCSO Act 2012 different from POCSO Rules 2020?
The provisions of punishment for child abuse under POCSO Rules 2020 have been made more stringent. Some significant addition in the rules include provision of mandatory police verification of school and care home staff, procedures to report sexual abuse material such as pornography and imparting age-appropriate child rights education. The state governments have been asked to formulate a child protection policy based on the principle of "zero-tolerance" to violence against children. In regard of child pornography, the rules state that any person who has received any pornographic material involving a child or any information regarding such pornographic material shall report the contents to the special juvenile police unit (SJPU) or police, or the cybercrime portal.
