NEW DELHI: Amid disturbing reports of child rape and molestation from across the country, the Centre has written to all state governments asking them to sensitize local police of a seven-month-old law which provides for stringent punishment for offences of sexual assault and sexual harassment against minors.
Citing the provisions of the Protection of Children from Sexual Offences Act (POCSO), which came into force in November last year, the Union home ministry — in its four-page note to the states — also asked them to take measures to make public aware of the law so that victims, their family members and others lodge complaints.
Underlining the need for effective implementation of the law, the ministry, in its note, said, "The Act recognizes that the intent to commit an offence, even when unsuccessful for whatever reason, needs to be penalized."
The note was written by joint secretary (centre-state) S Suresh Kumar to additional chief secretaries and principal secretaries (home) of all state government and Union Territory administration on May 28.
The recent incident in Rajasthan where minor girls were sexually assaulted in an NGO-run shelter prompted the ministry to send such an advisory to the states so that such episodes do not remain unreported.
An incident in Delhi where a five-year-old girl was raped by her neighbours in April leading to public outrage also set the tone of the note. As against 5,368 cases of child rape in the year 2009, India had reported 5,484 cases of such incidents in 2010 and 7,112 incidents in 2011.
It is also felt that many cases remain unreported, specifically where minors are sexually abused by their relatives or acquaintances.
Highlighting a provision of the POCSO, the ministry said, "The Act makes it mandatory to report commission of an offence and also the recording of complaint. Failure to do so would make a person liable for punishment of imprisonment for six months or/and with fine".
The ongoing investigation into the Rajasthan incident revealed that the sexual assault of the orphaned minor girls continued for so long because it wasn't reported.
Citing the provisions of the Protection of Children from Sexual Offences Act (POCSO), which came into force in November last year, the Union home ministry — in its four-page note to the states — also asked them to take measures to make public aware of the law so that victims, their family members and others lodge complaints.
Underlining the need for effective implementation of the law, the ministry, in its note, said, "The Act recognizes that the intent to commit an offence, even when unsuccessful for whatever reason, needs to be penalized."
The note was written by joint secretary (centre-state) S Suresh Kumar to additional chief secretaries and principal secretaries (home) of all state government and Union Territory administration on May 28.
The recent incident in Rajasthan where minor girls were sexually assaulted in an NGO-run shelter prompted the ministry to send such an advisory to the states so that such episodes do not remain unreported.
An incident in Delhi where a five-year-old girl was raped by her neighbours in April leading to public outrage also set the tone of the note. As against 5,368 cases of child rape in the year 2009, India had reported 5,484 cases of such incidents in 2010 and 7,112 incidents in 2011.
It is also felt that many cases remain unreported, specifically where minors are sexually abused by their relatives or acquaintances.
Highlighting a provision of the POCSO, the ministry said, "The Act makes it mandatory to report commission of an offence and also the recording of complaint. Failure to do so would make a person liable for punishment of imprisonment for six months or/and with fine".
The ongoing investigation into the Rajasthan incident revealed that the sexual assault of the orphaned minor girls continued for so long because it wasn't reported.
Despite knowing the crime, the in-charge of the care home did not report the matter to the police just to avoid bad publicity of the institution.
The POCSO was drafted to strengthen the legal provisions for the protection of children from sexual abuse and exploitation\pornography.
It provides for stringent punishments which have been graded as per the gravity of the offences – ranging from simple to rigorous imprisonment of varying periods. The Act also provides for the establishment of Special Courts for trial of offences under the law, keeping the best interest of child as of paramount importance at every stage of the judicial process.
For the more heinous offences of penetrative sexual assault and aggravated penetrative sexual assault, the burden of proof is shifted to the accused. “This provision has been made keeping in view the greater vulnerability and innocence of children”, said the ministry’s note.
At the same time, to prevent misuse of the law, punishment has been provided for making false complaint or providing false information with malicious intent. Such punishment has, however, been kept relatively light (six months) to encourage reporting. If false complaint is made against a child, punishment is higher (one year)..........................http://epaper.timesofindia.com/Repository/ml.asp?Ref=Q0FQLzIwMTMvMDYvMDkjQXIwMTcwMQ==&Mode=Gif&Locale=english-skin-custom
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