India has one of the largest population of children in the world – Census data from 2011 shows that India has a population of 472 million children below the age of eighteen, of which 225 million are girls Protection of children by the state is guaranteed to Indian citizens by an expansive reading of Article 21 of the Indian constitution, and also mandated given India’s status as signatory to the UN convention on the right of the child. Child sexual abuse laws in India have been enacted as part of the nation’s child protection policies.The Parliament of India passed the ‘Protection of Children Against Sexual Offences Bill, 2011’ regarding child sexual abuse on 22 May 2012 into an Act.
Offences under the Act:
The new Act provides for a variety of offences under which an accused can be punished.
It recognises forms of penetration other than penile-vaginal penetration and criminalises acts of immodesty against children too. Offences under the act include:
- Penetrative Sexual Assault: Insertion of penis/object/another body part in child’s vagina/urethra/anus/mouth, or asking the child to do so with them or some other person
- Sexual Assault: When a person touches the child, or makes the child touch them or someone else
- Sexual Harassment: passing sexually coloured remark, sexual gesture/noise, repeatedly following, flashing, etc.
- Child Pornography
- Aggravated Penetrative Sexual Assault/ Aggravated Sexual Assault
Child-friendly process:
It also provides for various procedural reforms,making the tiring process of trial in India considerably easier for children. The Act has been criticised as its provisions seem to criminalise consensual sexual intercourse between two people below the age of 18. The 2001 version of the Bill did not punish consensual sexual activity if one or both partners were above 16 years.
Definition of child:
The Act defines a child as a person under the age of 18 years. However, this definition is a purely biological one, and doesn’t take into account people who live with intellectual and psycho-social disability.
My Opinion:
It is really a commendable step as it will generate fear of law in criminal’s mind.The crime against Children will decline subsequently which will lead to establishment of society’s peace and harmony.Children can live their life fearlessly,who are future of our country’s progress and development.
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