New POCSO rules notified | Law for sexual offences against children made more stringent

Centre has notified a set of new rules enabling implementation of the recent amendments to the POCSO Act under which provisions of punishment for child abuse have been made more stringent.

Some significant addition in the rules include provision ofmandatory police verification of school and care home staff, procedures toreport sexual abuse material such as pornography and imparting age-appropriatechild rights education.

   

Regarding crackdown on child pornography, the rules statethat “any person who has received any pornographic material involving achild or any information regarding such pornographic material being stored,possessed, distributed, circulated, transmitted, facilitated, propagated ordisplayed, or is likely to be distributed, facilitated or transmitted in anymanner shall report the contents to the special juvenile police unit (SJPU) orpolice, or the cybercrime portal”.

“The report shall include details of the device inwhich such pornographic content was noticed and the suspected device from whichsuch content was received including the platform on which the content wasdisplayed,” the rules state.

Under the Protection of Children from Sexual Offences(POCSO) Rules, 2020, state governments have been asked to formulate a childprotection policy based on the principle of “zero-tolerance” toviolence against children.

The police shall be adopted by all institutions,organisations, or any other agency working with, or coming in contact withchildren, the rules state.

“The central government and every state governmentshall provide periodic training including orientation programmes, sensitisationworkshops and refresher courses to all persons, whether regular or contractual,coming in contact with the children, to sensitise them about child safety andprotection and educate them regarding their responsibility under the Act,”it said.

The Centre and state governments have been asked to prepareage-appropriate educational material and curriculum for children, informingthem about various aspects of personal safety, including measures to protectphysical and virtual identity; to safeguard emotional and mental wellbeing,prevention and protection from sexual offences and reporting mechanisms,including Childline helpline services through toll-free number — 1098.

“Orientation programme and intensive courses may alsobe organised for police personnel and forensic experts for building theircapacities in their respective roles on a regular basis,” it said.

Under the new rules, any institution housing children orcoming in regular contact with them, such as schools, creches, sports academiesor any other facility, must ensure periodic police verification and backgroundcheck for every staff.Thenew POCSO rules became effective from March 9.

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