Centre notifies new POCSO rules making law for sexual offences against children more stringent - Pragnya IAS Academy - News Analysis.

Centre notifies new POCSO rules making law for sexual offences against children more stringent.

Some of the significant additions in the new rules include provision of mandatory police verification of staff in schools and care homes, procedures to report sexual abuse material (pornography), imparting age-appropriate child rights education among others.

The Union government has notified the Protection of Children from Sexual Offences Rules, 2020 which enables implementation of recent amendments to the Act under which provisions of punishment for child abuse has been made more stringent.

Some of the significant additions in the new rules include provision of mandatory police verification of staff in schools and care homes, procedures to report sexual abuse material (pornography), imparting age-appropriate child rights education among ot hers.
For crackdown on child pornography, the rules state that "any person who has received any pornographic material involving a child or any information regarding such pornographic material being stored, possessed, distributed, circulated, transmitted, facilitated, propagated or displayed, or is likely to be distributed, facilitated or transmitted in any manner shall report the contents to the special juvenile police unit (SJPU) or police, or the cybercrime portal".
"The report shall include the details of the device in which such pornographic content was noticed and the suspected device from which such content was received including the platform on which the content was displayed," the rules said.
Under the rules, the state governments have been asked to formulate a child protection policy based on the principle of "zero-tolerance" to violence against children, which shall be adopted by all institutions, organisations, or any other agency working with, or coming in contact with children.
"The central government and every state government shall provide periodic training including orientation programmes, sensitisation workshops and refresher courses to all persons, whether regular or contractual, coming in contact with the children, to sensitise them about child safety and protection and educate them regarding their responsibility under the Act," the rules said.
The Centre and state governments have been asked to prepare age-appropriate educational material and curriculum for children, informing them about various aspects of personal safety, including measures to protect their physical and virtual identity; and to safeguard their emotional and mental wellbeing, prevention and protection from sexual offences and reporting mechanisms, including Childline helpline services through toll free number - 1098.
"Orientation programme and intensive courses may also be organised for police personnel and forensic experts for building their capacities in their respective roles on a regular basis," it said.
Under the new rules, any institution housing children or coming in regular contact with children, including schools, creches, sports academies or any other facility for children must ensure a police verification and background check on periodic basis of every staff.
The new POCSO rules became effective from March 9.
The POCSO Act was enacted in 2012 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. (Source: The Economic Times)


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Centre notifies new POCSO rules making law for sexual offences against children more stringent.

Govt introduces amendments to POCSO Act in LS, making it gender neutral - Pragnya IAS Academy - News Analysis.

Govt introduces amendments to POCSO Act in LS, making it gender neutral.

The POCSO Amendment Bill also provides for stringent punishments for other crimes against those below 18 years of age.

The Government on Tuesday introduced in Lok Sabha amendments to the POCSO Act, which provides for death penalty for aggravated sexual assault on children, making it gender neutral and introducing provisions against child pornography and for enhancing punishment for certain offences.
The Protection of Children from Sexual Offences (Amendment) Bill, 2019, seeks to protect children from offences of sexual assault, sexual harassment and pornography and provide for establishment of Special Courts for trial of such offences.
The POCSO Amendment Bill, introduced by Minister of State in Ministry of Women and Child Development Virendra Kumar, also provides for stringent punishments for other crimes against those below 18 years of age.
"The said Act is gender neutral and regards the best interests and welfare of the child as matter of paramount importance at every stage so as to ensure the healthy physical, emotional, intellectual and social development of the child," said the statement of Objects and Reasons of the Bill.
The Sections 4, 5, 6 of the Act are proposed to be amended to provide the option of stringent punishment, including death penalty, for committing aggravated penetrative sexual assault on a child.
The Act defines child as any person below the age of 18 years and the amendments are aimed at discouraging the trend of child sexual abuse by acting as a deterrent.
Besides, Section 9 of the Act is being amended to protect children from sexual offences in times of natural calamities and disasters and in cases where children are administered any hormone or chemical substance to attain early sexual maturity for the purpose of penetrative sexual assault.
The Bill proposes a fine of not less than Rs 1,000 for not destroying or deleting or reporting the pornographic material involving a child. In case of subsequent offence, the fine would be not less than Rs 5,000 crore.
The offender can be further penalised with 3-year jail term or fine or both for transmitting, propagating, administrating such material.
"In the recent past incidences of child sexual abuse cases demonstrating the inhumane mind-set of the abusers who have been barbaric in their approach towards young victims is rising in the country. Children are becoming easy prey because of their tender age, physical vulnerabilities and inexperience of life and society," the Bill said.
It said there is a strong need to take stringent measures to deter the rising trend of child sex abuse in the country.
The proposed amendments make provisions for enhancement of punishments for various offences so as to deter the perpetrators and ensure safety, security and dignified childhood for a child.


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Govt introduces amendments to POCSO Act in LS, making it gender neutral.

Govt approves amendments to POCSO Act - Pragnya IAS Academy - News Analysis.

Govt approves amendments to POCSO Act.

This category of offence includes assault on a child under the age of 12 years, gangrape, assault on a mentally or physically challenged child or one that is committed by a relative.

The government on Friday approved amendments to the POCSO Act 2012, to bring punishments for sexual assaults against boys on par with those against girls, including the provision of death penalty when a child is under 12-years-old.
Following the outrage over gangrapes in Unnao and Kathua earlier this year, the government had brought an Ordinance in April and followed it by passing a Bill in Parliament during Monsoon Session. The Bill was introduced to amend the Indian Penal Code to provide death penalty for gangrape of a girl under 12 years, and 20 years in jail to death penalty for rape of a girl under 12 years, among others.
Provisions were also added to provide imprisonment for the rest of one’s natural life for gangrape of a girl under 16 years, while rape of a girl in the same age bracket would be punishable with jail of 20 years up to life imprisonment.
However, the absence of changes to Prevention of Child Sexual Offences Act (POCSO), 2012, which deals with sexual crimes against both girls and boys, meant that similar crimes committed against boys carried lighter punishment as those committed against girls. The latest set of changes approved by the Union Cabinet address these anomalies.
The Union Cabinet approved changes to Section 6 of the POCSO Act, which deals with punishments for aggravated penetrative sexual assault, enhancing the punishment of 10 years to life imprisonment to 20 years to imprisonment for remainder of a person’s natural life or with death.
This category of offence includes assault on a child under the age of 12 years, gangrape, assault on a mentally or physically challenged child or one that is committed by a relative.
The government has also amended the definition of aggravated penetrative sexual assault to include an offence that causes the death of a child. (Source: The Hindu)


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Govt approves amendments to POCSO Act.