Why in the News?
The Supreme Court has agreed to hear a petition regarding the mandatory reporting of sexual activity under Section 19 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.
About the POCSO Act, 2012:
- The POCSO Act came into effect on November 14, 2012 (Children’s Day), following India’s ratification of the UN Convention on the Rights of the Child in 1992.
- Its primary objective is to address offences related to the sexual exploitation and abuse of children, which were previously either not specifically defined or inadequately penalized.
- According to the Act, a child is defined as any person below the age of 18 years.
- In 2019, the Act underwent a review and amendment, introducing more stringent punishments (after Nirbhaya Case), including the death penalty, for those committing sexual crimes against children.
Key Features of the POCSO Act:
- Definition of a Child: A child is defined as anyone under 18 years of age.
- Sexual Offences:
- Penetrative Sexual Assault (Section 3)
- Sexual Assault (Section 7)
- Sexual Harassment (Section 11)
- Using Children for Pornographic Purposes (Section 13)
- Abetment and Attempt (Sections 16-18)
- Special Courts & Procedures: Establishes Special Courts for speedy trials and mandates child-friendly procedures.
- Protection of Identity: The identity of the child is protected throughout the process.
- Rehabilitation & Compensation: Provides for the rehabilitation of child victims.
- No Delay in Trials: Trials must be completed within one year of the offence.
Recent Supreme Court Hearing:
- Litigants have raised concerns that mandatory reporting under Section 19 might criminalize consensual sexual activity between juveniles, especially affecting adolescent girls’ right to health.
- They emphasized counseling over criminalization, arguing that the law might discourage adolescents from seeking medical care.
- The Supreme Court acknowledged these concerns and scheduled a detailed hearing on May 8 to address them.
| [UPSC 2017] Which of the following are envisaged by the Right against Exploitation in the Constitution of India?
1. Prohibition of traffic in human beings and forced labour 2. Abolition of untouchability 3. Protection of the interests of minorities 4. Prohibition of employment of children in factories and mines. Select the correct answer using the code given below: Options: (a) 1, 2 and 4 only (b) 2, 3 and 4 only (c) 1 and 4 only* (d) 1, 2, 3 and 4 |
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