Child sexual abuse has been prevalent in societies. However,
there are laws to protect children against abuses. Sexual abuse does not discriminate
with gender, but there is no denying that female are often targeted more. The
government of India has POCSO Act 2012 for protection of children and there
were many things which needed to be involved for example- stricter punishment for male victim.
The recent rape cases of Kathua and Unnao where minors
were raped brutally compelled law to change and turn strict towards rapists.
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| Image Source- Youtube |
What is Sexual Abuse?
A child is sexually abused when
they are forced or persuaded to take part in sexual activities. This doesn't
have to be physical contact and it can happen online. Sometimes the child
won't understand that what's happening to them is abuse. They may not even
understand that it's wrong. Or they may be afraid to speak out. That's why
we're working to break the silence around child sexual abuse, and give children
a voice when they desperately need support.
What is POCSO Act?
POCSO or The Protection of Children from Sexual
Offences Act (POCSO Act) 2012 was
established to protect the children against offences like sexual abuse, sexual
harassment and pornography. Protection of Children from Sexual Offences Act,
2012 received the President's assent on June 19, 2012.
However,
the absence of changes to Prevention of Child Sexual Offences Act (POCSO),
2012, which deals with sexual crimes against both girls and boys, meant that
similar crimes committed against boys carried lighter punishment as those
committed against girls. The latest set of changes approved by the Union
Cabinet address these anomalies.
Amendments in April 2018
The
Bill was introduced to amend the Indian Penal Code to provide death penalty for
gangrape of a girl less than 12 years, and 20 years in jail to death penalty
for rape of a girl less than 12 years, among others.
Provisions
were also added to provide imprisonment for the rest of one’s natural life for
gangrape of a girl less than 16 years, while rape of a girl in the same age
bracket would be punishable with jail of 20 years up to life imprisonment.
Change in December 2018
Boys included
The
government of India in last week of December 2018, approved amendments to the
POCSO Act 2012, to bring punishments for sexual assaults against boys on par
with those against girls, including the provision of death penalty when a child
is under 12-years-old.
The
Union Cabinet approved changes to Section 6 of the POCSO Act, which deals with
punishments for aggravated penetrative sexual assault, enhancing the punishment
of 10 years to life imprisonment to 20 years to imprisonment for remainder of a
person’s natural life or with death.
This
category of offence includes assault on a child under the age of 12 years,
gangrape, assault on a mentally or physically challenged child or one that is
committed by a relative.
The
government has also amended the definition of aggravated penetrative sexual
assault to include an offence that causes the death of a child.
How do you define child sexual abuse
There are 2 different types of child sexual abuse. These
are called contact abuse and non-contact abuse.
Contact abuse involves
touching activities where an abuser makes physical contact with a child,
including penetration. It includes:
·
sexual touching of any part of the
body whether the child's wearing clothes or not
·
rape or penetration by putting an
object or body part inside a child's mouth, vagina or anus
·
forcing or encouraging a child to
take part in sexual activity
·
making a child take their clothes
off, touch someone else's genitals or masturbate.
Non-contact
abuse involves non-touching activities, such as grooming, exploitation, persuading children to perform
sexual acts over the internet and flashing. It includes:
·
encouraging a child to watch or hear
sexual acts
·
not taking proper measures to prevent
a child being exposed to sexual activities by others
·
meeting a child following sexual grooming with
the intent of abusing them
·
online abuse including making,
viewing or distributing child abuse images
·
allowing someone else to make, view
or distribute child abuse images
·
showing pornography to a child
·
sexually exploiting a child for
money, power or status (child exploitation).
