POCSO ACT 2012: AN OVERVIEW AND IMPORTANT JUDGMENTS
Author :- VISHNU KUMAR PATIDAR, a Student of SVKM'S PRAVEEN GANDHI COLLEGE OF LAW MUMBAI
IN TODAYS WORLD WE HEARD TO MANY CASES WHERE WE SEE THAT A CHILD IS RAPPED BY SOME BOYS, A MINOR STUDET IS SEXUALLY BULLIED BY SENIORS IN SCHOOLS, A 8 MONTHS GIRL CHILD IS RAPPED BY A MAN. THESE ALL CASES SAID THAT WE AGAIN AND AGAIN FAILED AS HUMANS IN PROTECTING OUR DAUGHTERS AND SISTERS. SO TO OVERCOME THIS TYPE OF CASES INDIAN GOVERNMENT COME WITH AN ACT IN 2012 “ THE PROTECTION OF CHILD FROM SEXUAL OFFENCES. ACT 2012”.
SOME SALIENT FEATURES OF POCSO ACT- FIRST UNLIKE IPC IT IS NOT GENDER SPECIFIED. IT SAYS ANYONE WHO IS MINOR IS COVERD IN THIS PROVISIONS. SECOND SECTION 23 OF THE POCSO ACT SPECIFIES THE MEDIA PROCEDURE AND IMPOSES THE DUTY TO MAINTAIN THE VICTIM’S (CHILD) IDENTITY UNLESS THE SPECIAL COURT HAS ALLOWED THE DISCLOSURE.. THIRDLY SEXUAL ABUSE CASES USUALLY HAPPEN BEHIND CLOSED DOORS, AND PEOPLE TRY TO HIDE THESE INCIDENTS. TO IMPLEMENT THE POCSO ACT, REPORTING THESE INCIDENTS BY THIRD PARTIES HAS BEEN NECESSARY UNDER SECTIONS 19 TO 22 OF THE POCSO ACT.THESE ARE SOME SPECIAL PROVISIONS OF THIS ACT. THIS ACT IS AMENDMENT IN 2019 BY GOVERNMENT. TO MAKE PUNISHMENTS FOR SEXUAL OFFENSES AGAINST CHILDREN MORE STRINGENT, THE AMENDMENT TO THE POCSO ACT WAS MADE IN .THE YEAR 2019 TO PROTECT CHILDREN FROM SEXUAL ASSAULT AND SEXUAL HARASSMENT. THE FIRST FEATURE OF THESE AMENDMENT IS THE DEFINITION OF ‘SEXUAL ASSAULT’ HAS BEEN EXTENDED TO INCORPORATE THE ADMINISTRATION OF HORMONES OR CHEMICAL SUBSTANCES TO CHILDREN TO ATTAIN EARLY SEXUAL MATURITY FOR PENETRATIVE SEXUAL ASSAULT.THE SECOND FEATURE IS THESE ACT DEFINES AND MAKES PUNISHABLE THE CHILD PORNOGRAPHY. THIRDLY ONE MOST IMPORTANT FEATURES IS THAT THOSE COMMITTING PENETRATIVE SEXUAL ASSAULTS ON A CHILD BELOW 16 YEARS OF AGE WOULD BE PUNISHED WITH IMPRISONMENT UP TO 20 YEARS, EXTENDING TO LIFE IMPRISONMENT AND A FINE.. AND FINALLY THE GOVERNMENT HAS ALSO SANCTIONED MORE THAN A THOUSAND FAST-TRACK COURTS FOR SPEEDY DISPOSAL OF PENDING CASES UNDER POCSO..
LETS LOOK AT THE SOME IMPORTANT JUDGEMENTS OF THIS CASES-
JARNAIL SINGH V. STATE OF HARYANA (2013)- THE APPELLANT WAS ACCUSED OF KIDNAPPING AND RAPING THE DAUGHTER OF SAVITRI DEVI WHILE SHE WAS SLEEPING. THE SUPREME COURT OF INDIA, IN THIS CASE, OBSERVED THAT THE PROCEDURE WHICH IS USED TO DETERMINE THE AGE OF A CHILD WHO CONFLICTS WITH THE LAW AS PER THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) RULES, 2007, CAN BE FOLLOWED IN CASES FALLING UNDER THE POCSO ACT, 2012 AS WELL. APPLYING THIS RULE, THE COURT CONVICTED THE APPELLANT, JARNAIL SINGH.
ATTORNEY GENERAL FOR INDIA V. SATISH AND ANOTHER (2021)
IN THE CASE OF SATISH RAGDE V. THE STATE OF MAHARASHTRA (2021), THE BOMBAY HIGH COURT'S NAGPUR BENCH RULED THAT GRABBING A CHILD’S BREASTS WITHOUT MAKING “SKIN-TO-SKIN CONTACT” CONSTITUTED MOLESTATION UNDER THE POCSO ACT, 2021. THIS JUDGMENT BY JUSTICE PUSHPA GANEDIWALA RECEIVED IMMENSE HATRED. THE ATTORNEY GENERAL OF INDIA, THE NATIONAL COMMISSION FOR WOMEN, AND THE STATE OF MAHARASHTRA FILED APPEALS AGAINST THIS HIGH COURT’S DECISION, WHICH WERE HEARD BY A BENCH CONSISTING OF JUSTICES UDAY UMESH LALIT, S RAVINDRA BHAT, AND BELA M TRIVEDI, IN THE PRESENT CASE OF ATTORNEY GENERAL FOR INDIA VERSUS SATISH AND ANOTHER (2021).
NIPUN SAXENA V. UNION OF INDIA (2019)
WHEN A VIOLATION IS COMMITTED UNDER SECTION 23 OF THE POCSO ACT, THE PUBLISHER OR OWNER OF THE MEDIA, STUDIO, OR PHOTOGRAPHY FACILITY IS HELD JOINTLY AND SEVERALLY ACCOUNTABLE FOR HIS EMPLOYEE’S ACT OR OMISSION, AS OBSERVED BY THE SUPREME COURT IN THIS CASE.
SO ULTIMATELY WE CAN SAY THAT THIS ACT VERY HELFULL IN PREVENTING THE OFFENCES COMMIT AGAINST MINORS. AND TIME TO TIME THIS ACT ALSO NEED REFORMS ACCORDING TO THE NEED OF SOCIETY.