INTERNSHIP WORK -POCSO ACT 2012
· POCSO means the protection of children fro sexual
offences
· The POCSO Act was enacted in 2012 and is gender neutral
— it recognises that boys can be victims of sexual violence
as well. It defines a child as someone under the age of 18.
The Indian Penal Code does not recognise that sexual
assault can be committed on boys.
· The Act also increased the scope of reporting sexual crimes
against children. It expanded the definition of sexual
assault to include non-penetrative sexual assault as well as
aggravated penetrative sexual assault
· Notably, this law recognises sexual harassment of a child
which involves touch, and also that which doesn’t such as
stalking, making a child expose themselves or exposing
themselves to a child, and so on.and also included
punishment for persons in positions of trust of authority
like public servants, staff of educational institutions, police
etc.
· The POCSO Act also specifically lays down stringent
punishment for exposing children to, or using them to
create child sexual abuse material like pornography
· under pocso there are several ways to make the procedure
childfriendly
· Under pocso the child is entitled to the following
· Getting their statement recorded at their residence or a place of their
choice, and preferably by a woman police official or an official not below
the sub-inspector rank, in civilian clothes.
· The police official should ensure that during the investigation, the child
shouldn’t come in contact with the accused.
· The child cannot be detained at the police station at night, and his/her
identity should be protected from the public and media unless directed
otherwise by a Special Court.
· If the survivor is a girl, the medical examination should be done by a woman
doctor, and the examination can only be done in the presence of a parent,
or a person the child trusts. If neither of the two are there, then the
examination should be done in the presence of a woman nominated by the
head of the medical institution.
· The special courts stipulated under the POCSO Act are also to be child
friendly. There are provisions such as making a child-friendly atmosphere in
the court premises by allowing a family member, a guardian, a friend or a
relative, in whom the child has trust or confidence, to be present; allowing
frequent breaks for the child during the trial; and ensuring that the child
does not have to face the accused during evidence collection as well as
cross examination.
· Based on the Special court’s discretion, proceedings can also happen in-
camera, i.e., no one except those related to the case can be present in
court, and in presence of the child’s parents or another adult he/she trusts.
· There are also provisions as well as guidelines if the case requires support
from NGOs or social workers as well as experts (psychologists, interpreters
and so on) in the pre-trial and trial stages for the child; as well as guidelines
for interviewing the survivor, including special needs children and children
with disabilities.
By
-JOEL JAMES
ST JOSEPHS COLLEGE OF LAW
