Protection of Children from Sexual Offenses (POCSO) e-box

According to UNICEF violence against children can be “physical and mental abuse and injury, neglect or negligent treatment, exploitation and sexual abuse.

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Context: According to UNICEF violence against children can be “physical and mental abuse and injury, neglect or negligent treatment, exploitation and sexual abuse. Violence may take place in homes, schools, orphanages, residential care facilities, on the streets, in the workplace, in prisons and in places of detention.” Such violence can affect the normal development of a child impairing their mental, physical and social being. In extreme cases abuse of a child can result in death.
What are the various forms of the child abuse? There are many forms such as- physical, emotional, sexual, neglect, and exploitation. Any of these that are potentially or actually harmful to a child’s health, survival, dignity and development are abuse.

Sexual offences against children are rampant but only a small percentage gets reported. About 53% of children surveyed, reported having faced one or the other form of sexual abuse in their lifetime.  In most cases, the offender is a family member/near relative or an acquaintance.  The child victim in such cases generally does not report these offences.  Sexual abuse scars the psyche of the affected child for entire life. A child who is sexually abused has to face very serious consequences such as cognitive impairment, violent and risk behaviour including depression and anxiety. Feeling shame and guilt with poor interpersonal relationship & self esteem are other consequences of sexually abused children.

Highlights of the ‘Protection of Children from Sexual Offences Act 2012’: 1. The Act defines a child as any person below the age of 18 years and provides protection to all children under the age of 18 years from the offences of sexual assault, sexual harassment and pornography.

2. This is the first time that an Act has listed aspects of touch as well as non touch behaviour (e.g.: photographing a child in an obscene manner) under the ambit of sexual offences.

3. The Act incorporates child friendly procedures for reporting, recording of evidence, investigation and trial of offences

4. The attempt to commit an offence under the Act has also been made liable for punishment for upto half the punishment prescribed for the commission of the offence.

5. The Act also provides for punishment for abetment of the offence, which is the same as for the commission of the offence. This would cover trafficking of children for sexual purposes.

6. For the more heinous offences of Penetrative Sexual Assault, Aggravated Penetrative Sexual Assault, Sexual Assault and Aggravated Sexual Assault, the burden of proof is shifted on the accused.

7. The media has been barred from disclosing the identity of the child without the permission of the Special Court.

What are the issues related to the child abuse?

1. The police are not booking culprits under the act for lack of awareness.

2. There have been some reported cases of non-cooperation from courts as well.

3. Incidents of child sexual abuse were on the rise in India with very few convictions in cases which were reported.

4. Intra-family abuse or abuse that takes place in institutions such as schools or government homes has received minimal attention. This may be due to the structure of family in India and the role children have in this structure. Children in India are often highly dependent on their parents and elders; they continue to have submissive and obedient roles towards their parents even after they have moved out of their parental home. This belief that parents and family are the sole caretaker of the child has proved to have negative effects on child protection laws and strategies.

Recent initiative of the government: Recently government of India has launched the Protection of Children from Sexual Offences (POCSO) e-Box is an online complaint management system for reporting sexual offences against children.

The facility is available on the NCPCR website. Anyone, a victim or an adult, can visit the website and file a complaint about a child facing sexual abuse.

What is the much needed course of action? 1. Launch campaign to raise awareness on ‘The role of the bystander in preventing child abuse’. Studies conducted worldwide reveal that the child abuser banks on the psychology of the bystander to continue undeterred. This leaves the child alone, mute and helpless inthe hands of the predator, while the adults at home, on a bus, in a school, or in a park look away and remain silent.

2. Volunteers should visit nursing homes, hospitals and clinics of paediatricians to engage medical personnel and parents in recognizing and addressing the emotional, mental and physical health effects of child sexual abuse.

3. Poster campaign should run at schools, colleges,corporate houses and apartment complexes.

4. Make police more sensitize towards such cases.

5. Special courts should be made to handle the cases in child friendly atmosphere. Video conferencing can be used as a method of conducting the proceedings.

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