The Background of the Act
The Protection of Children from the Sexual Offences Act, 2012 (POCSO) came with the objective of addressing the sexual abuse and sexual exploitation of the children through legal provisions. The Act is gender-neutral and it defines a child who is below eighteen years of age. The provisions of the Act are made as such that they provide due regard and well being of the children.
The Amendments
The Rajya Sabha cleared the POCSO Amendment Bill. And the bill includes some serious and deterrent punishments for people who are convicted under the POCSO Act, 2012.
- The minimum punishment for aggravated penetrative sexual assault (Section 4) will be increased from 10 to 20 years. However, the maximum punishment for this offence is proposed as the Death Penalty. The aggravated penetrative sexual assault is when a person of Armed forces, police officer or any other Public Servant commits an act of Penetrative Sexual Abuse. These cases also included the cases where the offender is relative of the child or where sexual organs of the child are injured.
- As regards the penetrative sexual assault (Section 3), the minimum punishment will be increased from 7 to 10 years. It also states that if the penetrative sexual assault is committed with the child of below 16 years of age. That person shall be punishable between 20 years and life imprisonment and also with fine.
- The Bill adds two more offences in the definition of aggravated penetrative sexual assault:
- Assault committed during a natural calamity
- Administering or help in administering any hormone or any chemical substance to a child for the purpose of attaining early sexual maturity.
Impact of the Amendment
The Amendment intends to cause a threat of the death penalty in the minds of the offenders. It aims to protect the interest of vulnerable children in times of distress and ensures their safety and dignity.