What is POCSO Act? Here's everything you need to know about children's protection Act

Protection of Children from Sexual Offences (POCSO) Act has been in news recently after a controversial judgement by Allahabad HC for reducing sentence handed down to a man convicted of forcing a child to perform an oral sex act, because of an incorrect application of Protection of Children from Sexual Offences (POCSO) Act. Earlier in year 2019, POCSO Act garnered people’s attention because of an amendment made to it when minimum punishment for aggravated and penetrative sexual assault on children below 16 years was increased from 10 to 20 years, and extendable to life imprisonment or death. Read on to kw everything about POCSO Act.

What is POCSO Act?

POCSO Act, 2012 came into force with effect from vember 14, 2012, along with Rules framed reafter. Act is a comprehensive law enacted with objective of protecting children from a slew of sexual offences like sexual assault, sexual harassment and porgraphy while safeguarding interests of child at every st of judicial process by introducing a child-friendly mechanism for reporting, recording of evidence, investigation and speedy trial of offences through special courts.

This law defines a child as any person below of 18 years. It defines different forms of sexual offences including penetrative and n-penetrative assault, and even sexual harassment and porgraphy. 

Act deems a sexual assault to be ‘aggravated’ under certain circumstances such as when abuse is committed by someone who is a family member or someone in a position of trust or authority like a teacher, doctor or even police officer. 

It prescribes stringent punishment as per gravity of offence. maximum term of rigorous imprisonment for life and fine. Indian Penal Code’s (IPC) Section 44 (1) of special children’s law provides that National Commission for Protection of Child Rights (NCPCR) along with State Commission for Protection of Child Rights (SCPCR) monitor implementation of provisions of Act. 

Act sets a -neutral tone for legal process for any child victims. It is also mandatory to report obligation imposed under Section 19. Last year, government introduced a fresh set of POCSO Rules.

Three major takeaways from rules

• Any children housing institution or coming in regular contact with m is required to conduct a periodic police verification and a thorough background check of each employee who interacts with a child.
• An institution must give special regular training in order to sensitise its employees on child safety and ir protection. 
• More importantly, it has to adopt a child protection policy that is based on principle of zero tolerance to violence against children. 

(Im: Representative Im)