The government is bringing what could be termed mother of all legislations to protect children (up to the age of 18) from sexual exploitation.
The government is bringing what could be termed mother of all legislations to protect children (up to the age of 18) from sexual exploitation.
Protection of Children from Sexual Offences Bill (PCSOB), 2010, has been finalised and will most likely be placed before the Union cabinet for clearance next week. It will be tabled in parliament in the winter session. PCSOB will be superior to all other existing provisions of IPC.
The bill, which may soon become a law, expands the definition of incestuous sexual assaults to include, apart from parents and family members, to relatives, teachers, heads of institutions, staff, managers, etc.
It makes persons having knowledge of such attacks - media, hotel where the assault has occurred, hospitals, studios, neighbours, relatives — accountable for reporting the matter to police and proposes punishment otherwise.
“The term incest is seen as limited to relations with father or brother. An attempt has been made to widen its horizon to include all those people who are related to the child in some way,” Bharati Ali of Haq, an NGO for child rights, said. Ali was part of the bill making process.
Getting wiser with the Ruchika Girhotra case, the government has realised that molestation is a mild term. Hence, for the first time, sexual harassment has been made a crime against children too, which will include any sort of misbehaviour with a child done with “sexual intent”.
Uttering a word, or making a sound (like whistling) or a gesture or exhibiting any object or body part with “sexual intent” to attract the attention of a child will be seen as sexual harassment attracting punishment up to three years in jail.
“We have tried to cover all aspects of sexual assault to provide better protection from sexual abuse while stipulating stringent punishment as a deterrent. This will contribute to a sense of security among children and allow them to live with freedom and dignity,” women and child development minister Krishna Tirath said.
The bill proposes innovations such as child-friendly courts and procedures and punishment for not reporting offences and for false complaints and information. In cases where the victim is below 16, the onus of proving that s/he has not committed the offence will be on the accused.
The bill covers all aspects of sexual offences - aggravated, aggravated penetrative, assault by armed and security forces and school authorities. Physically incapacitating a child or causing him/her to become mentally ill, even if temporarily, making a girl pregnant, inflicting HIV/AIDS or any other life-threatening disease or infection that may incapacitate a child will be seen as an aggravated form of sexual assault.
Police officers investigating such cases shall ensure that victims do not come in physical contact with accused and do not see them while testifying. A harsher punishment has been prescribed if offences under the bill are committed by public servants, police officers, security or army officers or persons in position of trust or authority.
However, child rights activists complained the bill does not address the issue of supporting victims and their families. “The intention should not be to define crime and prescribe punishment. In special laws, criminality gets lost and becomes a social issue. The special points in the new law should be incorporated under a special chapter in IPC, which is the Bible for police. New law will further lead to duplication and complication,” Bharati Ali said.
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