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Legopedia

Laws Protecting Children against Child Exploitation and Abuse

Child Protection Act In India

It is an undisputed fact that child sexual crime in India is increasing at an alarming rate. Young children carry with them hopes and dreams to achieve greatness. Nonetheless, the stark truth is that kids are confronting misuse in this progressed mechanical century.

Child sexual exploitation incorporates assault, lewd behavior, and much more. It is an issue which has turned into a serious one in India. The effect of child sexual exploitation is very disturbing in India than in any other nation of the world. It is likewise a reality that a large number of girls and boys worldwide are by large sexually mishandled inside homes and outside. They are manhandled by families and known people. The culprit can be any individual who misuses the child’s powerlessness to increase sexual delight. It includes mental, physical and psychological mistreatment of a child through unmistakable and secret sexual acts and gestures.

Until 2012, there was no proper lawful system in India which managed child sexual exploitation and abuse. Earlier any mishap or case of child sexual exploitation or abuse was taken care of under sections 354, 375, 377 and 509 of Indian Penal Code.

Section 354 managed assault or criminal force upon a woman with planned intentions to molest her.

Section 374 managed unlawful labor expressing “Whoever unlawfully compels any person to labor against the will of that person shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.”

Section 509 dealt with Word, gesture or act intended to abuse the decorum of a woman.

Section 377 dealt with Unnatural offenses.

The pornographic cases were dealt with under the Young Persons (Harmful Publication) Act, 1956.

Child Protection Act In India

Extension of POSCO

  • This Act might be known as the Protection of Children from Sexual Offenses Act, 2012.
  • It reaches out to the entire of India, with the exception of the State of Jammu and Kashmir.

Implementation of POSCO Act

In the year 2012, the Parliament of India passed the Protection of Children against Sexual Offenses Act (POSCO) for the casualties of child sexual abuse under 18 years old. The Protection of Children from Sexual Offenses Act, 2012 got the President’s consent on 19th June 2012 and was articulated in the Gazette of India on 20th June 2012.

What is POSCO Act?

The Act considers one a child if the individual is less than 18 years old. It characterizes distinctive types of sexual abuse, including penetrative and non-penetrative attacks, and also lewd behavior and explicit actions.

The POSCO Act additionally enforces the police as child defenders amid the investigation procedure. In this manner, the police workforce has to accept a report of sexual abuse of a child instantly. They are also given the obligation of taking care and assurance of the kid and making sure that the child is safe until the case is presented before the magistrate.

Arrangements of POSCO Act

  • As soon as the issue is reported to the police, within 24 hours, the case ought to be exhibited before the Child Welfare Committee.
  • The words and explanation of the sufferer ought to be recorded in his or her home or his or her most loved place only by a female police member.
  • This demonstration likewise gives a fast trial and in the camera, procedures to guarantee secrecy.
  • The minor ought not to be brought in the court over and over again. He or she might be affirmed through a video call from home.
  • The medicinal examination must be led by a female specialist, within the sight of a man whom the child trusts.

Punishments listed under POSCO Act

  • For penetrative rape, the sentence at the very least is seven years which can be extended up to life detainment alongside a fine under segment 4 of the POSCO Act.
  • Aggravated rape conferred by a man of trust or expert like cop under area 6 would be given at least ten years and can be stretched out up to thorough life imprisonment and fine.
  • For the non-penetrative rape submitted by a man with a sexual plan will be behind bars for three years and can be extended up to 5 years of detainment under area 10 of the POSCO Act.
  • Under segment 10, if the sexual act is performed by any relative or near and dear ones, it would be dealt with five years of life behind bars and can stretch out up to seven years of detainment on appeal.
  • For any unscrupulous actions with a child, the accused will be sent to jail for three straight years.

Conclusion

The POSCO Act can possibly help children who have faced sexual exploitation and abuse and have been denied equity because of incorrect laws. The Act is dynamic in its approach. It is unbiased and sets down stringent punishments for those involved in sexual offenses.

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by Lovina Malhotra

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