why was protection of children from sexual offences act 2012 implemented
Answers
The Protection of Children from Sexual Offences Act, 2012 was enacted to:
1.) provide a robust legal framework for the protection of children from offences of sexual assault, sexual harassment and pornography.
2.)The framing of the Act seeks to put children first by making it easy to use by including mechanisms for child-friendly reporting, recording of evidence, investigation and speedy trial of offences through designated Special Courts.
Important provisions of this act :
Gender Neutral: The Act has not differentiated between girls and boys when it comes to giving protection from sexual offences. Any child irrespective of his sex can claim protection under this Act but the act has failed to use the pronoun ‘he’ in the description of various offenses. It is truly a gender neutral Act.
Coverage of all types of Sexual Abuse: The Act covers within its ambit all types of sexual abuses
Punishment for Violation: The Punishment under this Act depends upon kind and harshness of the offence .
Child Friendly Procedures : The Act provides child friendly procedures for reporting of crime, recording of evidence, investigation and trial of offences in this Act which is as follows:
Recording statement of child at the residence of the child or at the place of his choice, preferably by a women police officer not below the rank of sub – inspector.
Evidence has to be recorded within 30 days.
Police officer to be not in uniform while recording statement of the child.
No child to be detained in Police Station at night.
The Statement of the child is to be recorded as spoken by the child.
Assistance of an interpreter or translator or an expert can be taken as per need of the child.
Assistance of Special educator or any person familiar with the manner of communication of the child in case child is disabled.
Frequent breaks for the child during trial.
Child not to be called repeatedly to testify.
No aggressive questioning or character assassination of the child is allowed.
Medical examination of the child to be conducted in presence of the parent of the child
Compensation: Under the Act provisions are made for compensation to the victims of sexual abuse which includes compensation on account of loss of education and employment opportunities along with disability, disease or pregnancy suffered by victim.
Nature & Definition of aggravated offences : An offence will be treated as aggravated if it is committed by a person in position of trust or authority of a child for eg. By a police officer etc.
Intention to Commit offence under this Act : The Act recognizes the intent to commit an offence, even when it is unsuccessful, for whatsoever reasons, needs to be penalized.