In every country, the extent of its progress and development is measured by the development of its children. Childrens always are the integral part of any countries’ vision, progress and development. India is home to the largest child population in the world, and almost 42 per cent of its total population is under eighteen years of age.They gradually develop towards their adulthood and always remain in the process of gradual learning of the ways of life. But one of the issues marring the vision for the country’s children is the evil of child sexual abuse. In order to curb this social evil, the Indian government has passed a special law known as the Protection of Children from Sexual Offences Act, 2012.
This law was passed in order to protect the innocent children from evils like sexual abuse, sexual assault, sexual harassment and pornography. This law is gender-neutral. According to this act, an indidual is considered as a child if he is below the age of eighteen years. A comprehensive view of this act is given below:
The Children as per this Sexual Offences Act, 2012 are safeguarded from precise definitions of different sexual abuse like sexual assault, sexual harassment and pornography.This Act provides stringent punishment, ranging from paying fine to life imprisonment or prison with rigorious punishment depending on the gravity of the offence.This act also defines punishment for the persons who may provide false information with the intention to defame any person, including a child.
The Children by Sexual Offences Act, 2012 are provided with child-friendly procedures for reporting offences, recording of evidences, investigation and trial keeping up with the best international child protection standards in view. This act also defines the minimum qualifications and experience for interpreters, translators, special educators, and experts. It too enrolls the provision of arranging care and protection and emergency medical treatment with suitable compensation for the child who becomes the victim of sexual offence.
The responsibility as well as the manner of periodic monitoring of this act falls on the shoulders of the National Commission for Protection of Child Rights and State Commissions for Protection of Child Rights. Organizations like Child Welfare Committees, District Child Protection units are the ones, upon which the rules rely. These rules had been established under the Juvenile Justice Act 2000. Basic aim of such rules and regulations is to assist and protect the children from sexual abuse.
Further the law approves that, in case a child is taken to medical for emergency medical care, no magisterial requisition or other documentation will be demanded by the medical authorities. It’s also having the criterion of being awarded with compensations by the Supreme Court of India. This consists of the intensity of the offence like missing of educational opportunity or job opportunities as a result of the offence, including disability, disease or pregnancy suffered. The awards may be compensated both at the interim stage as well as upon completion of trial.
In May, 2012 this law was passed by the Parliament and on 19th June 2012, the Act got the President’s assent. It was notified in the Gazette of India for public information on 20th June, 2012. From14th of November, 2012, the Act has to come into force along with the rules framed under this Act.