It was his game
That he made me play
He promised me it'll be fun
Better than molding a clay
Take off your clothes
Show me your skin
They're the basic rules
To win.
Child molestation, which is also known in psychiatric terms as pedophilia, is a crime that involves indecent sexual relations between an adult and a child.
According to the Child Molestation Research and Prevention Institute (2010), "It is estimated that at least two out of every ten girls and one out of every ten boys are sexually abused by the end of their 13th year." According to National Child Abuse Statistics (2010),"90% of child sexual abuse victims know the perpetrator in some way; 68% are abused by family members."
With this startling information, it is vital that adults find as many opportunities to speak with their children at an early age, to strongly monitor the adults that their children interact with on a daily basis, and to inform the child that this issue is very much prevalent in today's time and world.
Until 2012, there was no appropriate legal framework in India which deals with child sexual abuse. Earlier sex crimes against children were protected by section 354, 375, 377,509 of Indian Penal Code
Section 354 : Assault or criminal force to woman with intent to outrage her modesty
Section 374: deals with rape
Section 509 : states any person who intends to insult the modesty of a woman through word, gesture or act
Section 377 : deals with unnatural offence
In the year 2012, the Parliament of India has passed the Protection of Children against Sexual Offences Act (POSCO) for the victims of child sexual abuse below 18 years of age.
T h e A c t C o v e r s
- Exhibitionism. An adult revealing genital organs to the child and influencing the child to do the same for them.
- Touching and fondling of a child. An adult touches the child's genital organ with hands or with other objects and persuading the child to touch their genitalia.
- Assault which includes rape and sodomy. An adult having anal, oral and vaginal intercourse with a child with or without penetration.
- An adult is persuading or encouraging a child to hear, read or view anypo*nographic material.
- An adult forcing a child to indulge in anysexual activity.
- An adult marrying a minor, or minor marrying another minor is considered to be a forced relation.
O v e r v i e w O f T h e A c t :
POSCO Act is gender neutral. The consent of the child is immaterial under this act.
This law mandates the reporting and recording of sexual abuse against a child. Section 19(1) of the POSCO Act makes it compulsory to report the offence.
This act lists the sexual crimes committed against a child.
Section 3 of the POSCO Act states: "A person is said to commit "penetrative sexual assault" if (a) he penetrates his penis, to any extent, into the vagina, mouth, urethra, or anus of a child or makes the child to do so with him or any other person; Since the words "any other person" are used in Section 3(a), women may also be offenders or victims under the second part of Section 3(a)"
It also provides protection to minors during the judicial process. Section 5(j): "Whoever commits penetrative sexual assault on a child, which in the case of female child, makes the child pregnant as a consequence of sexual assault. However, even in these offences, women can be joined as abettors under Section 16, POCSO Act.
P u n i s h m e n t s U n d e r T h e A c t :
"As per section 42 of the POCSO Act, where an act or omission constitutes an offence punishable under this Act and also under sections 166A, 354A, 354B, 354C, 354D, 370, 370A, 375, 376, 376A, 376C, 376D, 376E or section 509 of the Indian Penal Code, then notwithstanding anything contained in any law for the time being in force, the offender found guilty of such offence shall be liable to punishment under this Act or under the Indian Penal Code as provides for punishment which is greater in degree.
- For penetrative sexual assault, the sentence not less than seven years extended up to life imprisonment along with fine under section 4 of the POSCO Act.
- Aggravated sexual assault committed by a person of trust or authority like police officer under section 6 would be punished with not less than ten years and extended up to rigorous life incarceration and fine.
- Non-penetrative sexual assault committed by a person with sexual intent must be punished with not less than three years and extended up to 5 years of imprisonment under section 10 of the POSCO Act.
- Under section 10, if the aggravated sexual assault is done by the authority or by the person of trust, it would be punished with not less than five years and extended up to seven years of incarceration.
- For sexual harassment under section 12 of the POSCO Act, prescribes a punishment of 3 years along with fine.
Children are blooming flowers of God's paradise. They should be nurtured and protected. Considering their comfort level IPC providesfollowing provisions.
...
1. As soon as the matter is reported to the police officer, within 24 hours, the case should be presented before the Child Welfare Committee.
2. The statement of the minor should be recorded in his or her home or his or her favourite place only by a female police officer.
3. This act also provides a speedy trial and in camera proceedings to ensure confidentiality.
4. The minor should not be called in the court repeatedly. He or she may be testified through video from home.
5. The medical examination must be conducted by a female doctor, in the presence of a person whom minor trusted. Consent of the parents or guardians if present, otherwise the consent of medical professional on the behalf of a minor is required.
6. The defence should route the entire question through the judge and cannot ask any aggressive or character assassination questions to the juvenile.
7. The minor should not be exposed to accused in any way during the recording of evidence.
...
The cases like two minor girls are assaulted by the manager of Baba Deep Jyoti Anath Ashram in Odisha, or boys sodomized by guards and senior inmates at govt. run Ashiana home for boys, Delhi or Arya Orphanage Case, Delhi- abuse of a child in Juvenile Justice Homes. Case of Asifa are some of those that are reported in India but sexual abuse of a child is still to some extent veiled in secrecy.
It is essential for parents and guardians of the child to get sensitized and understand the degree of the problem. It is also crucial for the parents to create a protective environment for the child and to guide their children how to protect themselves from sexual abuse.
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