The Union Cabinet has sanctioned amendments to the Protection of Children from Sexual Offences (POCSO) Act, 2012. These changes are designed to impose harsher punishment for sexual crimes against children. Initially, the death penalty was permitted only in cases involving girls under 12 years. Now, however, this extreme form of punishment can be applied in cases involving boys as well.
Gender Neutral Amendments
The amendments include the death penalty for all instances of aggravated penetrative sexual assault against children under 18 years, regardless of their gender. This makes the Act gender-neutral.
Revised Definition of ‘Sexual Assault’
The amendments have modified the definition of ‘sexual assault’ in POCSO to include hormone administration to children to hasten their sexual maturity for commercial sexual exploitation purposes. Previously, the Act covered 20 types of penetrative sexual crimes against children, but now there are 21 categories—with the addition of sexual assault of child victims of calamities or natural disasters.
New Category Added
In justifying the inclusion of the 21st category, The Ministry of Women and Child Development referred specifically to reported rapes of young girls following the Kedarnath floods and reiterated that children make up 50-60% of disaster victims.
List of Perpetrators
Perpetrators now comprise a variety of individuals, including police officers, members of the armed forces, public servants, relatives, and staff of a jail, remand home, protection home, hospital, educational institution, or religious institution.
Tougher Penalties
The amendments also extend the punishment for an aggravated penetrative sexual assault which previously ranged from a minimum of 10 years to a minimum of 20 years and a maximum of life imprisonment or death under Section 6 of the POCSO Act. Punitive measures have been made harsher in cases involving child pornography and for storing such content.
| Categories of Crime | Potential Perpetrators | Punishments |
|---|---|---|
| Aggravated Penetrative Sexual Assault | Police officers, Armed Forces Members, Public Servants, Relatives, Institution Staff | 20 years to life imprisonment or death |
| Child Pornography | General Public | Stricter Punishment |
Scope of Applicability of Death Penalty
The act has also extended death penalty applicability to cases where sexual assault victims are children with mental or physical disabilities, repeat offenders, instances of rape and attempted murder, and communal violence rape cases.
Effectiveness Analysis
The amendments aim to secure the interests of vulnerable children, especially during times of distress, by ensuring their safety and dignity. By incorporating strong penal provisions into the Act, it’s expected that this will act as a deterrent against child sexual abuse. At the same time, less than 3% of all POCSO cases culminate in convictions, which prompts experts to caution about the potentially discouraging effect the death penalty might have on reporting crimes.
Introduction to the POCSO Act, 2012
The POCSO Act, 2012 was established to protect children from offences of sexual assault, sexual harassment, and pornography, safeguarding the interest and well-being of children. The Act defines a child as anyone below eighteen years of age and places the child’s best interests and welfare of paramount importance at all stages.
POCSO e-Box: Online Complaint System
The National Commission for Protection of Child Rights (NCPCR) launched an online complaint box, the POCSO e-Box, in 2016 to facilitate the reporting of child sexual abuse. The system allows for easy reporting and timely action against offenders under the POCSO Act, 2012, helping to maintain the confidentiality of complaints.
