Now Death Penalty on Sexual Offenders:- POCSO (Amendment) Bill, 2019

• There was a girl named Nirbhaya (hypothetical name). She was just 10 years old. One of her relative used to abuse her sexually. He used to rape her. When rape was not enough for him. He started inserting wooden knives, spoons in her vagina for the sake of bloody so called pleasure. The girl was not aware of what was happening with her. She never shared this to anyone. She was dying inside. And that eternal pressure forced her to Commit suicide.
• In other story, a 9 years old boy was sexually assaulted by his bus driver on a way to school. 
• A teacher at a primary school use to beat a 10 years old girl on her chest & private parts. 
• A 16 years old girl was murdered by her parents when they found she was pregnant.

There are endless such stories where a child is sexually assaulted. It has to be knocked out now. To prevent such crime POCSO Act was introduced in 2012, but penalties given there was not strong enough to scare assaulter.

[Image Source: Indiatoday. in]

As Robert Uttaro Said ''But no matter how much evil I see, I think its important for everyone to understand that there is much more light than darkness''.
Finally with grace of God this statement seems to be true as the Rajya Sabha on Wednesday (31/7/2019) made amendments to the POSCO Act, 2012, including death penalty and stringent punishments for sexual offenders. 

The bill was introduced by Union Minister Smriti Irani who handles Women and Child Development in the central ministry. The POCSO (Amendment) Bill,2019 also provides for fines and imprisonment to curb child pornography. The bill was passed in the Rajya Sabha without much hurdles. In fact, the experience shared by the Rajya Sabha member Derek O' Brien about how he was sexually abused at the age of 13 years was commendable. The POCSO (Amendment) Bill, 2019 now gets Lok Sabha approval too.

Here onwards whatever we are writing is require courage to write. But this information is MOST IMPORTANT in order to deflate such crimes. Share it with others. Specially with children so that we don't need to burn candle for another Nirbhaya. 
Thankfully, now we have strict law on sexual abuses. This article aims to make offenders realise that they better need to think thrice before assaulting any human being for now they can even be charged with death penalty. Let's understand the law:-

What is POCSO Act?

• The Protection of Children from Sexual Offences Act (POCSO Act) 2012 was formed to protect children from offences of sexual abuse, sexual harassment and pornography and to provide a child-friendly system for the trial of these offences.
• Unfortunately this is NOT Applicable in Jammu & Kashmir
• The Act defines a child as a person under the age of 18 years.

Forms of Sexual Abuse:

The Act defines different forms of sexual abuse, including penetrative and non-penetrative assault, as well as sexual harassment and pornography, etc.
(1) Penetrative sexual assault: 
Under the act a person commits 'penetrative sexual assault' if

(a) he penetrates his penis or any other object into vagina,mouth,urethra or anus of a child or makes child to do the same or any other person; or

(b) manipulates any part of body of child so as to cause penetration or applies his mouth to the penis,vagina,anus,urethra of the child or makes the child to do so to such person or any other person.

     Punishment:-

• Imprisonment between 10 years to life, with a fine.
• Further, if a person commits penetrative sexual assault on a child below 16 years of age shall be punished with imprisonment between 20 years to life, with a fine.
• Earlier under POSCO Act,2012 it was Imprisonment between 7 years to life, with a fine.

(2)Aggravated penetrative sexual assault: 
Under the act a person is said to have committed 'aggravated penetrative sexual assault' if

 (a) he is a police officer, a member of the armed forces or security forces, or a public servant;

 (b) he is a relative of the child through blood or adoption or marriage or guardianship;

(c) he commits penetrative sexual assault on a child and attempts to murder the child;

(d) he commits penetrative sexual assault on the child for more than once or on a child below 12 years;

(e) he injures the sexual organs of the child or inflicts the child with life threatening disease or in case of female child, makes the child pregnant.

     Punishment:-

• Imprisonment between 20 years to life time, with a fine or with death penalty.
• The bill includes the assault committed during violence, natural calamity or similar situations.
• Earlier under POSCO Act,2012 it was Imprisonment between 10 years to life time, with a fine.

(3)Sexual Assault:- 
Under the act, 'sexual assault' mean actions where a person touches the vagina, penis, anus or breast of the child or does any other act with the sexual intent without penetration.

    Punishment:-

• Imprisonment between 3 years to 5 years, with a fine.

(4)Aggravated sexual assault: 
Under the act, it includes the cases of sexual assault where:

(a) the offender is a police officer, a member of the armed forces or security forces, or a public servant;

(b) the person commits sexual assault on a child which causes the child to become mentally ill or inflicted with infect

(c) the person is a relative of the child through blood or adoption or marriage or guardianship;

(d) the offender commits sexual assault on a child using deadly weapons , fire heated substance.

    Punishment:-

• Imprisonment between 5 years to 7 years, with a fine.
• The bill includes the assault committed during natural calamity or violence.
• The bill also includes the person who persuades or induces a child to get administered or direct anyone to help in administering any drug or hormone to a child with the intention that such child attains early sexual maturity.
• Earlier under POSCO Act,2012 it was Imprisonment between 5 years to 7 years, with a fine

(5)Pornographic purposes: 
Under the act, it includes any person who uses a child in any form of media for the purpose of sexual gratification.

It includes the usage of a child engaged in real or simulated sexual acts (with or without penetration).

Activities & Punishments related to Pornography:-

(a) Use of child for pornographic purposes resulting in penetrative sexual assault 

• Imprisonment between 10 years to life time imprisonment.(In case of child below 16 years minimum imprisonment is 20 years

(b) Use of child for pornographic purposes resulting in aggravated penetrative sexual assault:

• Imprisonment between 20 years to life time , or death.

(c) Use of child for pornographic purposes resulting in sexual assault

• Imprisonment between 3 years to 5 years.

(d) Use of child for pornographic purposes resulting in aggravated sexual assault:

• Imprisonment between 5 years to 7 years.

(e) Use of child for pornographic purposes:

• Minimum imprisonment - 5 years.

(6)Storage of pornographic material involving child:- 
Any person found guilty of storing any pornographic material in any form involving a child for commercial purposes.0

    Punishment:-

• Imprisonment between 3 years to 5 years, or a fine, or both.
• It also includes the person who fails to delete or destroy or report to concerned authorities about the pornographic material involving a child.
• Earlier is was Imprisonment upto 3 years, or a fine, or both.

We just expect that our little effort help victims to understand better that there is a law in our country to help them and provide justice against any form of assault they face. We just hope that one day our country will be liberated in its truest form towards a better INDIA.

!! A Welcome Step by our Government !!

[source: www.isca. in & www.prsindia. org] 

[***Note:-  All the penalties mentioned above are as per the proposed POCSO (Amendment) Bill, 2019]

!! I hope it was helpful !!

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