Decoding the POCSO Act

 

What good is that childhood where one is forced to live in a constant nightmare? To terrify children with the image of hell- is that good for the world?” “One believes things because one has been conditioned to believe them.”

 

The Protection of Children from Sexual Offences (POCSO) Act is an act passed precisely to hinder the sexual assault of children under the age of 18. The POCSO act says that any kind of sexual assault whether it is a penetrative or non-penetrative one, punishment is mandatory.

 

The act does not discriminate between boys and girls and acknowledges that boys can be subjected to sexual assault too. This makes the act unique in itself. Offenses such as stalking and touching are also covered in the act. The method for inscribing sexual assault is also dictated by the law. Section 19 of the Act states that anyone who is an eyewitness to the assault should inform it quickly or would face trial as per the law.

 

As per sections 13, 14, 15 use of children in pornography is a criminal offense. Accused in such cases is ‘ guilty until proven innocent ’ with quite contrasting with IPC. If children are administered drugs to induce their sexual maturity earlier then that person can be sentenced to a minimum of 20-years of jail.

The minimum punishment for such offenses has been increased from 10 to 20-years, these changes were made in the law. As per the severity of the crime and the court’s decision this punishment can be extended to lifetime jail. Changes were made because of the upsurge in cases. Women and Child Development Minister Smriti Irani announced the percent increase in cases. In 2013 it increased by 44.7% as compared to 2012. While a 178.6% increase in cases in 2014 as compared to 2013. Still, there wasn’t a decline in cases.

 

The national database has registered a total of 6,20,000 sexual offenders and they are been traced by investigators. Therefore it becomes necessary for the implementation of severe punishments so that people will think twice before doing such cruel crimes.

There are many drawbacks to this law. The act has to face many negative remarks for assigning the death penalty to the accused. According to data collected almost 94% of sexual assaults are committed by one of the family members only. Thus victim can be unsure of reporting the crime. Most people do not fear this law as one can face severe punishment like the death penalty. Amendments should be done in the law to make people fear the assurance of getting punishment rather than the hardness of punishment. As per the National Crime Report Bureau, almost 89% of the cases are pending in court.

 

So, how can we ensure the implementation of the Act?

NGOs are very important in such cases as they can create awareness among people about these laws. They can also inspire parents to have a strong and communicative bond with their children. This can help children in sharing their traumas freely without any problem.

 

Victims and their families have found comfort in sharing their problems with NGOs first rather than informing them immediately to the police. Such a person from NGO can be present at the time of report making (Section26[1]) or during medical examination (Section 27). Thus NGOs have become “the first point of contact” in sexual assault cases.

 

We also play an important role in spreading awareness among our family members. If we see any weird actions of children like losing enthusiasm in group activities then we can report the crime directly.

 

Making various changes in the law has also not prevented the upsurge in cases. Thus the Act is in very much need of proper study. As a part of society, it becomes our responsibility to help children in making their childhood special and not becoming a nightmare.