Parliament clears bill to protect children from sexual abuse

The lower house of the Indian Parliament on Tuesday passed a bill that aims to protect children from sexual abuse and exploitation.

The Protection of Children from Sexual Offences Act, 2012, which was passed by the Rajya Sabha on May 10, was approved by the Lok Sabha through voice vote .

It is for the first time, the government has come out with a special law addressing the issue of sexual offences against children.

Sexual offences are currently covered under different sections of IPC. The IPC does not provide for all types of sexual offences against children and does not distinguish between adult and child victims.

The Protection of Children from Sexual Offences Act, 2012 will provide protection to victims of sexual assault, sexual harassment and pornography. The bill covers all children under the age of 18 years.

"The bill is gender neutral. It seeks to protect children from sexual offences...the burden of proof will be on the accused," said Women and Child Development Minister Krishna Tirath.

The new legislation provides for stringent punishments, starting from three to ten years of rigorous imprisonment. Period may also extend to imprisonment for life

Punishments for Offences covered in the Act are Penetrative Sexual Assault (not less than seven years), Aggravated Penetrative Sexual Assault (not less than ten years), Sexual Assault (not less than three years), Aggravated Sexual Assault (not less than three years), Sexual Harassment of the Child (three years and fine), and Use of Child for Pornographic Purposes (five years and fine).

Also, the Act provides for establishment of Special Courts for trial of offences and incorporates child friendly procedures for reporting, recording of evidence and investigation.

For speedy trial, the Act provides for the evidence of the child to be recorded within a period of 30 days. Also, the Special Court is to complete the trial within a period of one year, as far as possible.

As for relief and rehabilitation of the child, as soon as the complaint is made arrangements must be made to give the child care and protection by admitting the child into a shelter home or to the nearest hospital within twenty-four hours of the report.

The Special Juvenile Police Unit (SJPU) or local police are also required to report the matter to the Child Welfare Committee within 24 hours of recording the complaint.

The National Commission for the Protection of Child Rights (NCPCR) and State Commissions for the Protection of Child Rights (SCPCRs) have been made the designated authority to monitor the implementation of the Act.

According to a study conducted by the Ministry of Women and Child Development (MWCD), 53 per cent of children in 13 states across the country accepted that they have been sexually exploited.