Shocking Facts You Didn’t Know About POCSO Act 2012. The 22nd Law Commission of India’s Recommendations new charges POCSO Act.
POCSO full from : Protection of children from Sexual Offenses (POCSO)
Table of Contents
What is POCSO Act 2012
This Act Protection of Children from Sexual offenses act, 2012. The Act defines a child and any person below 18 years of age. Introduced 2013 to found that registration of POCSO cases have increased steadily since 2013 such cases. The Commission (headed by Justice Ritu Raj Awasthi) is set to release its report on the minimum age of consent under the POCSO Act 2012.
The Act clearly explains and distinguishes between different forms of sexual abuse, including non-penetrative and penetrative assault, sexual assault and aggravated sexual assault, among others.
facts were observed by the report with regards
The titled A decade of POCSO was carried out by the Justice, Access, and Lowering Delays in India (JALDI) initiative at Vidhi Centre for Legal Policy, in collaboration with the Data Evidence for Justice Reform (DE JURE) program at the World Bank.
On an average it takes almost 510 days for a POCSO case to be disposed of. Conviction rate under POCSO cases is 14%.
The Act clearly explains and distinguishes between different forms of sexual abuse, including non-penetrative and penetrative assault, sexual assault and aggravated sexual assault, among others.
A victim can report an offence at any time, even a number of years after the incidence of abuse.
To provide speedy delivery of justice. The act stipulates that cases should be disposed of within a year. The Act forbids the disclosure of the victim’s identity in any form of media unless authorised by the special courts established by the Act.
Abuse the rise case
Particularly since the Covid-19 outbreak, when new forms of cybercrime have emerged. Lack of awareness or knowledge On the part of minor girls, boys, parents and society as a whole.
Minors aged between 16 and 18 who engage in a consensual act that may come under the definition of sexual activity under the law run the risk of being booked under POCSO. While these cases of adolescent sex may not necessarily result in conviction of a minor boy, the law is such that it could result in denial of bail and prolonged detention.
Recent amendment new Act (2019)
recent amendment to POCSO Act It enhanced the punishments for specific offences to deter abusers and ensure dignified childhood. introduced death penalty for the offence of aggravated penetrative sexual assault. offences for transmitting or propagating pornographic materials involving a child.
In almost 25% of POCSO cases between 2016 and 2020, the victim and accused were in a romantic relationship .
POCSO provisions are at loggerheads with traditions of child marriage in some of the tribal communities.
New upcoming 22nd Law Commission of India
The 22nd Law Commission of India’s Recommendations new charges POCSO Act. The Commission Against(headed by Justice Ritu Raj Awasthi) is set to release its report on the minimum age of consent under the POCSO Act 2012.
The Law Commission is of the view that lowering the age of consent may be counterproductive for women. The Commission is likely to recommend awareness measures on adolescent health care including making sex education mandatory and teaching the basics of consent under the POCSO Act in schools.
Why Is The Commission Against
The decision government’s proposal to increase the minimum age of marriage for women and The incongruity between Muslim personal law and the POCSO law.
Under the law, the age of consent under the POCSO Act, the age of majority is 18 years.
The Union Cabinet cleared a proposal to raise the legal age of marriage for women from 18 to 21 years to bring it on par with men. The government cited gender neutrality, risks of early pregnancies and overall empowerment of women as reasons to increase the age of marriage.
Under Muslim personal laws, marriage for girls is at puberty, which is presumed to be at age 15. This gap between Muslim personal laws and the special legislation is prohibiting child marriage.
Lowering the age of consent for sexual activity under POCSO could potentially have an impact on these aspects too.
Before the POCSO ACT only National Commission for Protection of Child Rights apply India. Now NCPCR working with new implementation of the POCSO Act.
The National Commission for Protection of Child Rights (NCPCR)
National commission for Protection of Child Rights are It is a statutory body constituted by the GoI under the Commission for Protection of Child Rights Act, 2005.
The body member NCPCR – Chairperson + 6 members.
NCPCR has certain responsibilities in relation to the implementation of the POCSO Act like monitoring designation of Special Courts by State Governments, monitoring the appointment of public prosecutors by State Governments, etc.
Conclusion
The 22nd commission demand to improved to this Act minimum age consent under this POCSO Act 2012, stop this activity protected every child boy, girl and women.
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