With the repeated string of sexual abuse or rape of children being reported across the nation in COVID pandemic times and a public outcry being raised ,the victimised and abused child suffers in silence. Traumatised, dejected and horrified family members of unfortunate victims find themselves helpless, confused and unable to cope up with the heinous crime. Child abuse in the family is hidden. Unnoticed and unchecked it goes on unabated. Shelter homes for orphan ,abandoned and surrendered children are equally vulnerable to child abuse. Even though on 22 May 2012, the Parliament passed the Protection of Children against Sexual Offences Act, 2012 (POCSO) and which came into force on 14 November 2012, this special law to protect children from offences of sexual assault, sexual harassment and pornography, remains an unimplemented law, unknown to most and beyond knowledge or information of those who need to apply it. Sadly, the result is that POCSO, an Act, which is a necessity in India where 40 percent of the population is below the age of 18 and where over 53 percent of children reportedly surveyed in 2007 stated that they had experienced one or more forms of sexual abuse, is not complied with despite being on the statute book. Rhetoric demands stiff penalties, expeditious new laws and fast track courts little realising that POCSO, as a wholesome law already says it all. Unfortunately, when the Commission for Protection of Child Rights constituted under an Act of Parliament performs its duty bound function of monitoring and implementing POCSO, there is an outcry amongst a section of those protectors turned predators. The fault lies within. Section 43 of POCSO carries a mandate that the Central and every State Government shall take measures to give wide publicity through television, radio and print media to make general public, children, parents and guardians aware of the provisions of POCSO. Likewise, officers of the Central and State Government, Police Officers besides educational institutions are duty bound to give periodic training on matters pertaining to implementation of provisions of POCSO. Sadly, unfortunately and much to despair, POCSO lives in oblivion unknown to all.
Until recently, various provisions of the Indian Penal Code (IPC) were used to deal with sexual offences against children as the law did not make a distinction between an adult and a child. POCSO deals with sexual offences against persons below age of 18 years. A child has been defined as a person below the age of 18 years. POCSO defines “Penetrative sexual assault,” “sexual assault” and “sexual harassment” making the offence aggravated if it is committed by a police officer, public servant, staff member of jail, remand, protection or observation home, staff of a hospital or an educational institution or by a member of the armed or security forces. POCSO provides for relief and rehabilitation as soon as the complaint is made to the Special Juvenile Police Unit or the local police who are required to make immediate arrangements for care and protection. The intent to commit an offence defined under POCSO is also punishable besides abetment or aiding the sexual abuse of a child. Special emphasis has been provided for trial in special children’s courts with speedy disposal and special procedures to avoid child not seeing accused at time of testifying.
State authorities, Police and Educational institutions have done little to spread awareness of POCSO. The result is obvious. Ignorance is bliss. Those responsible for implementation of POCSO, do not even know that any person or institution who fails to report the commission of an offence under POCSO or fails to record such an offence are also liable for punishment under Section 21 of POCSO.. Most child sex abuse cases are not booked under POCSO. Child sex offenders get away despite a stringent law. Institutions wash their hands off disowning employees. POCSO is unknown. Indoctrination, training, familiarisation and actual application by police officers and other stake holders still remains a far cry. Educational institutions employing services on contract are failing in their duty by neglecting their responsibility
For monitoring and implementation of the provisions of POCSO, the Act enjoins that the National Commission and State Commissions for Protection of Child Rights constituted under the Commissions for Protection of Child Rights Act, 2005 shall ensure the effective carrying out of the provisions of POCSO. The Supreme Court in hard hitting directions in 2013 ha directed that all States are to ensure that the regulatory and monitoring bodies are constituted and made functional. In Punjab and Haryana, the fully functional Commissions are non-existent or effectively non-functional. COVID pandemic calls for special measures which the Supreme Court has directed in 2020 in a suo moto action. UT Chandigarh has led the way in Justice Jaswant Singh Committee taking emergent remedial steps to check child abuse, whilst Punjab & Haryana suffer in silence. It is now for the State Governments to implement this beneficial mandate and create an effective machinery to check heinous crimes of gross sexual abuse against children by enlightening all concerned about it. It is the duty of the State to now perform its obligations for the welfare of society.
In so far child sex abuse is concerned, POCSO is a wholesome law. The Government must create the machinery to implement it and educate its officers besides all stake holders on what it contains.Media must delve into it. The remedy to handle the public outcry is by implementing POCSO. All child offenders must be charged, tried and punished in accordance with POCSO expeditiously. Speedy, stringent and relentless pursuit of POCSO is the remedy and a possible cure. The State must not waste its time in exploring alternatives when the answers exists in a law made by Parliament for these special offences against children, the most vulnerable section of society. Today’s children are tomorrow’s future. Let us protect them.
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