POCSO Act now gender-neutral, invites death penalty for aggravated sexual assault on children
The Lok Sabha on Thursday passed Protection of Children from Sexual Offences (Amendment) Bill, 2019 that provides death penalty for aggravated sexual assault on children and greater punishments for other crimes against minors.
Piloting the bill to amend the POSCO Act, 2012 Women and Child Development Minister Smriti Irani said it aims at making offences against children gender-neutral and award punishments that act as a deterrent.
The Bill also defines child pornography so that sexual predators indulging in such heinous crimes could be punished, she added. It would provide added legal protection to 39% of population or 43 crore children, irrespective of whether they are a girl or boy, she added.
WHAT’S NEW
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- Use of child for pornographic purposes — 5 years’ (minimum) jail
- Porn purposes resulting in penetrative sexual assault — 10 years to life imprisonment
- Porn purposes resulting in an aggravated penetrative assault —Life in jail or death
- Use of child for porn resulting in sexual assault — 3-5 years
- Use of child for pornographic purposes resulting in aggravated sexual assault — 5-7 years
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She regretted that 5,000 persons follow a child pornography site operated by a person, which is a matter of grave concern for society. "The site had even shown the rape of a minor girl," she said.
The Bill, also defining child pornography and making it punishable, has already been passed by the Rajya Sabha.
Members, cutting across party lines, supported amendments though some demanded that Bill be referred to the standing committee as it makes certain offences punishable with death which may prove to be a hindrance in reporting such crimes as in most cases the offender is from the family.
Recalling a case wherein children were administered drugs and hormones to make them sexually active, she said the law is aimed at providing stringent punishment to such offenders. "We want to provide added protection to children...in rarest of rare cases death (penalty)," she said.
DMK member Kanimozhi demanded the bill be sent to select committee or standing committee as harsher punishment could deter people from reporting the crime.
Presiding over the proceedings, BJD's Bhartruhari Mahtab pointed out that the Hindi version of the POCSO bill used the word 'balakon', a term for young boys, while the English word "children" is gender-neutral.
OPINION
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‘IN RIGHT DIRECTION’ The amendments are a step in the right direction. However, the number of such cases in the country is over 1.5 lakh. What is required is to ensure protection to victim soon after such an incident is reported. The families should be helped finan-cially and with security, while the children should be assisted through psychological counselling and rehabilitation. All such cases should be tried expeditiously so that the justice is met. Bhuwan Ribhu, activist, Bachpan Bachao Andolan
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