CSA-POCSO & Socio-legal Aspects to child sexual abuse

compiled by Oviya. E

Significance of Empower People is their initiative to address serious and sensitive social issues that bother and affect human lives. This time, they have come up with yet another important discussion on CSA-POCSO &Socio- legal Aspects of child sexual abuse. Ms.Aakansha Kulkarni, a social worker presents to the audience about the same, and Ms.Ayushi Gandhi, a social worker joins as a panelist. Ms. Hridaya Ajgaonkar moderates the discussion.

She starts the presentation with the United Nations Charter of Rights of the Child. This legally binding document ensures that the fundamental rights belong to each child. India ratified the UNCRC in 1992. UNCRC has 54 articles. In 2005, India set up a commission to protect the rights of the child. National Commission for the protection of child rights came into being in March 2007.

Some of the Laws pertaining to Child Sexual Abuse:

·        Juvenile Justice Act, 2015

                                            This act looks upon developmental needs and proper care, protection, and treatment. It is a child-friendly approach. POCSO deals with the child sexual abuse aspect of Juvenile Justice.

·        POCSO- Protection of Children from Sexual Offenses Act, 2012.

    This was formulated on 14^th November 2012. Until 2012, there was no distinction between adult and child. Some salient features of this act are as follows:

                      1. Gender neutral

                      2. Reporting of abuses is mandatory

                      3. Recording of sexual abuses is mandatory.

                      4. It lists all different types of abuses and offenses.

                      5. Provisions for minors during legal processes.

  Ms. Aakanksha speaks about Socio-Legal stakeholders. Police, Child welfare Committees, shelter homes, Lawyers, Courts, civil society organizations, and institutions or organizations that work with children like schools, youth groups, etc. These are some of the stakeholders mentioned by her.

She then lists out the provisions in the act.

·       * Case is brought to CWC (child welfare committee)  within 24 hours

·        * Child-friendly procedure of recording the case and medical examination processes.

·        *Special courts.

·        * Child-friendly judicial procedure

Punishments in the Act:

·        For penetrative sexual assault, the imprisonment is not less than 7 years and can be extended until a lifetime punishment along with a fine.

·        For aggravated penetrative sexual assault, imprisonment is not less than 10 years and can be extended until lifetime imprisonment along with fine.

·        For non-penetrative sexual assault and aggravated non-penetrated sexual assault, the imprisonment is not less than 5 to 7 years.

·        For sexual harassment, imprisonment is 3 years and a fine.

·        For use of minor for pornographic purposes, the punishment is

5-year imprisonment and fine.

 

Barriers to implementing the POCSO act:

·        Social stigma

·        Legal issues

·        Repercussions to reporting

·        Fear of re-victimization

·        Systemic issues

She mentions the preventive measures.

They are as follows.

·        The judicial proceeding must be properly carried out.

·        Proper rehabilitation must occur

·        Preventive measures can be untaken by Government regulations, civil society organizations, and NGOs

She strongly believes that it is necessary to introspect on what is going wrong. We must work with stakeholders and think about a solution to bring a stop to this.

Ms. Ayushi Gandhi records her anxiety over the implementation of the policies. She strongly feels that proper organizations and structure is absent in our society that results in the improper implementation of policies and laws.

This webinar is an eye-opener for all those who aren’t aware of child abuse and laws that work to save children.