The Law Commission has advised the government against altering the existing minimum age of consent stipulated in the Protection of Children from Sexual Offences (Pocso) Act. Enacted in 2012, the Pocso Act is India’s comprehensive law addressing child sexual abuse, administered by the Ministry of Women and Child Development. It offers gender-neutral protection for individuals under 18, defining various forms of sexual abuse, harassment, and pornography offenses. The Act also introduced mandatory reporting and child-friendly procedures for recording evidence and conducting trials. An amendment in 2019 increased penalties, including the death penalty for aggravated penetrative sexual assault.
Facts/Terms for UPSC Prelims
- Pocso Act: The Protection of Children from Sexual Offences Act, enacted in 2012 in India, provides legal safeguards and penalties related to child sexual abuse, harassment, and pornography offenses. It establishes gender-neutral protection for individuals under 18.
- Ministry of Women and Child Development (MoWCD): The government department responsible for formulating policies and implementing programs related to women and children’s welfare and development in India.
- Gender-Neutral Law: A legal framework that does not discriminate based on gender, treating all individuals equally regardless of their sex or gender identity.
- Aggravated Sexual Assault: This term refers to instances of sexual assault that involve specific aggravating factors, such as the victim being mentally ill or the perpetrator holding a position of trust or authority over the child.
- In-Camera Trial: A legal proceeding conducted in private, away from public view. In the context of the Pocso Act, it ensures that child victims do not have to face the accused during their testimony, thereby safeguarding their privacy and emotional well-being.
