The WCD's move to bring in the amendment to the Act was prompted by the gang rape-murder of a minor girl in Kathua and the massive outrage that followed it
The Cabinet has cleared amendments to the Protection of Children from Sexual Offences (POCSO) Act to award the death penalty for sexual offence against girls below the age of 12 years. An ordinance by the Modi Cabinet was promulgated by President Kovind in April this year.
In addition to that, the Union Ministry of Women and Child Development had mooted another amendment to the Act to bring in enhanced punishment for sexual assaults against young boys. The law ministry had cleared it and it is now in the Cabinet, awaiting approval.
The WCD's move to bring in the amendment to the Act was prompted by the gang rape-murder of a minor girl in Kathua and the massive outrage that followed it.
"I am deeply disturbed by the rape case in Kathua and all the recent rape cases that have happened on children. I and the ministry intend to bring an amendment to the Protection of Children Against Sexual Offences (POCSO) Act asking for the death penalty for rape on children below 12 years," WCD minister Maneka Gandhi had then said, reacting on the incident.
As per the new amendments, apart from speedy investigations, the minimum punishment of rape of a girl under 16 years has been increased from 10 years to 20 years, extendable to life imprisonment. And in the case of gangrape of a girl below the age of 12 years, the maximum punishment will be life imprisonment or death penalty.
As for the amendment to award the same penalty to sexual assault to young boys, Gandhi decided to bring in the change in law following an online petition by filmmaker Insia Dariwala. "Child sexual abuse (CSA) is gender neutral. Boys who are sexually abused as children spend a lifetime of silence because of the stigma and shame attached to male survivors speaking out. It is a serious problem and needs to be addressed," Gandhi had said.
MANEKA ON BOYS
The Cabinet also gave its nod to a proposal to amend the JJ Act so that district magistrates could be the final authority to approving adoptions, instead of courts. The move was to shorten the time needed to adopt children, since courts are overburdened. District magistrates will also be made in-charges of the child custody authority and will have the requisite data of the child. Union women and child development minister Maneka Gandhi on Tuesday spoke of the amendment. WCD officials said that since DMs have information about the cases and have access to all the departments, they will help in making the process faster.
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