Many of the perpetrators are close kins, neighbours and persons who are entrusted with the safety and protection of children. What is more, there have been several incidents of school children being sexually assaulted by their teachers. Unfortunately, even toddlers are not spared, they are being targeted for sexual assault – a most heinous crime against humanity itself, one can say.
Indeed, of late, child rape has become a countrywide phenomenon in India. Official statistics revealed that there has been an alarmingly increasing number of children, particularly minor girls, being raped across the country. According to the National Crime Records Bureau (NCRB), the number of child rape cases rose from 5484 in 2009 to 13,766 in 2014. This not only reflects the stark failure on the part of law enforcement agencies to tackle the crime, but also a nefarious social pathology – one where children, the most vulnerable group of society, are increasingly being targeted for sexual assault.
The National Human Rights Commission (NHRC) condemned the increase in child rape incidents, while describing these as a very alarming development and a sad reflection on the attitude of indifference of the society towards the violation of human rights of children. It recommended that all such cases be tried expeditiously and certain deterrent punishment be given to the culprits. To further prevent such inhuman crime, the NHRC called for changing the mindset of the society, besides increasing the conviction rate by sensitizing the law enforcement agencies and the judiciary.
It was on the backdrop of the increasing child rape incidents in the country, that the Parliament in 2012 brought about the Protection of Children from Sexual Offences (POCSO) Act, which is applicable to the whole of India. The POCSO Act 2012 defines a child as any person below the age of 18 years and provides protection to all children under the age of 18 years from sexual abuse. It also intends to protect the child through all stages of judicial process and gives paramount importance to the principle of ‘best interest of the child.’
Penetrative and aggravated penetrative sexual assault, sexual and aggravated sexual assault, sexual harassment, and using a child for pornographic purposes are the five offences against children that are covered by this Act. This Act envisages punishing even abetment or an attempt to commit the offences defined in the Act. It recognizes that the intent to commit an offence, even when unsuccessful needs to be penalized. The punishment for the attempt to commit is up to half the punishment prescribed for the commission of the offence.
This Act suggests that any person, who has an apprehension that an offence is likely to be committed or has knowledge that an offence has been committed, has a mandatory obligation to report the matter. Failure to report attracts punishment with imprisonment of upto six months or fine or both. It is now mandatory for police to register an FIR in all cases of child abuse. As per this Act, the child’s medical examination can be conducted even prior to registration of an FIR. This discretion is left up to the Investigation Officer (IO). The IO has to get the child medically examined in a government hospital or local hospital within 24 hours of receiving information about the offence. This is done with the consent of the child or parent or a competent person whom the child trusts and in their presence.
Child Welfare Committees (CWC) play a vital role under the POCSO Act, cases registered under this Act need to be reported to the CWC within 24 hours of recording the complaint. The CWC should take into account the opinion of the child to decide on the case within three days and conclude whether the child should remain in an institution or be with the family. The CWC should nominate with the consent of the child parent / guardian / other person who the child trusts.
The State Commission for Protection of Child Rights (SCPCR) has been empowered with the responsibility of monitoring the implementation of the provisions of the POCSO Act 2012, to conduct inquiries and to report the activities undertaken under the Act, in its annual report. The commission is also empowered to call for a report on any specific case of child sexual abuse falling within the jurisdiction of a CWC. The Commission can also recommend interim relief, or make recommendations to the State Government to effectively redress the matter.
The rules laid down in this Act also has defined a criteria of awarding the compensations by the special court that includes loss of educational and employment opportunities along with disability, disease or pregnancy as the consequence of the abuse. This compensation would be awarded at the interim stage as well as after the trial ends. The Act casts duty on the state to spread awareness to the general public, of the provisions of this legislation through media i.e. radio, television and print at regular intervals.
To be sure, the POCSO Act 2012 has resulted in more cases being reported. But legal measures need to work in tandem with social institutional interventions. Apart from swift convictions, the culture of entitlement of males has to end. Parents and schools need to instill the lesson – through how they handle kids as much as in theory – that females have their full humanity just like males and that both are equal partners in society. The authorities concerned should immediately get down to addressing the root of the heinous crime.
(The writer is a freelance journalist)
