The commission of crimes against children, holding them hostage and demanding ransom from their parents and guardians, or killing for trafficking in organ trade, surface from time to time despite normal criminal law in force.
However, the occurrence of several sexual offences against the children involving honour and psyche goaded the Government to enforce separate preventive measures.
The Government passed the maiden Act for Prevention of Children from Sexual Offences (POCSO) during 2012 followed by rules thereto which became effective from 14th November 2012.
The Act contains nine chapters with 46 sections/rules dealing with various aspects viz, prevention, protection, punishment, fine, medication, compensation, development, legal assistance/ guidelines, victim families, psychiatry, psychology etc.
The Act and the Rules are gender neutral to encompass male / female children. Taking cognizance of serious and increasing number of sexual offences against children Ministry of Women and Child Development (GOI) introduced (POCSO) Amendment Bill 2019 during August 2019 with new provisions in rules which were passed by the Parliament and came in force with effect from 9th March 2020. Under these rules provisions of punishment for child abuse have been made more stringent to protect them from sexual assault, sexual harassment, sexual exploitation and the sexual abuse.
The rules aim to ensure their healthy physical, emotional, intellectual and honourable social development. The offences against children are considered grave and therefore non-bailable and cognizable for proceeding prosecution.
The trials are to be conducted by the Juvenile Justice Courts. Under the new amended rules any institution housing children or coming in contact with children such as crèches, kindergartens, schools, Sports, academics or any other center/facility are to ensure periodic police verification and background check for every staff member.
To crackdown on child pornography the rules provide that, “any person who has received any pornographic material involving a child or any information regarding such pornographic material being stored, processed, distributed, circulated, transmitted, facilitated, propagated or displayed or is likely to be distributed, facilitated or transmitted in any manner shall report the contents to the Special Juvenile Police Unit (SJPU) or police or the cyber crime portal”.
The rules elaborate that, “the report shall include the details of the device in which such pornographic content was noticed and the suspected device from which such content was received including the platform on which the content was displayed.”
To curb child pornography the bill provides that those who use a child for pornographic purposes should be punished with imprisonment for five years and fine. Also if a person having any information of any child abuse fails to report may face imprisonment for 6 months or both. The bill increases the punishment from 10 years to 16 years.
It further adds that if a person commits penetrative sexual assault on child below 16 years he will be punishable with imprisonment between 20 years and life with a fine. Under the rules Governments have been asked to formulate a child protection policy based on the principle of “zero tolerance” to violence against children.
The Centre and the State Governments have been asked to prepare age appropriate curriculum and material for children informing them about various aspects of personal safety, measures to protect physical and virtual identity, to safeguard emotional and mental well-being, prevention and protection from sexual offences and reporting mechanism including Child Helpline Service through toll free Number 1098.
Organising of orientation programmes and intensive course has also been stressed for police personnel and forensic experts for building their capacities in their respective roles on regular basis.
As noticed often the children, women and the old are more vulnerable to lustful external forces than the robust. There are faith, cast and creed related crimes also. On average this class of societal setup is found victim to various kinds of exploitations owing to their peculiar positions and possessions.
Various reports those became public through print and electronic media based on reliable sources of studies and surveys conducted from time to time have portrayed unwanted rising crime graph against this trio sometimes resulting in their termination.
As a corollary, legislative, judicial and the executive fire-wall under the overall responsibility of government has been raised and armoured with constitutional safeguards as a foresight to ward off possibility of any illegal, immoral, immodest and unethical happenings.
The ground situation is,however, far from satisfactory as according to a report (3/2023) of Central Ministry of Home Affairs the crime against children has risen from 470 in 2019 to 845 in 2021 and crime under POSCO Act from 109 to 294 during the same period.
The possibility of immunity due to the systemic laxity and sometimes judgmental errors in registered cases have also affected against the prevention of abuse. The scale of punishment heightened with reinforcement of stiff additions and alterations in rules has not yielded matching dividends as the causes of crime are not addressed adequately.
Though criminals are imposed fine and imprisonment or both, criminality is less stricken to block elusion. Punishment/cure is subsequent to crime or offence established and second to prevention. With existent preventive machinery it is the profligate milieu founded on chain of circumstances not conducive to the formation of a strong self resistant character itching to commit any undesired acts that demands remodelling immediately.
While the cinematographed movies and those played on television screens contribute to the knowledge and learning skills the verbal and pictorial demonstration of crime creating events and glorifying the villainous acts have worked a spark in the heap of husk. Some may confront with dissent. But majority shares the same concern and majority must prevail if right in principle.
This element has to be withdrawn from the educative and the entertainment media. Subliminal advertising is to be filtered from the socially and morally unacceptable material. Literature containing pornographic contents has to be banned and deleted anywhere present in any form ab-initio.
The writers, printers, publishers, suppliers, demonstrators, cultural organizations, economic forums, clergy etc, are to be made accountable suitably to broom the way for leading a peaceful & meaningful life.
Suitable curricula is to be introduced in all the educational learning/skill development/capacity building and entertainment institutions. Programmes flashed through print and electronic media should maintain requisite decency in line with the universal brotherhood. Edibles-food/non-food, and drinks arousing undesired instincts in or against children are to be stopped.
The violators be imposed measured fine or punishment or both as prescribed in the relevant laws or rules/regulations and executive orders. Imparting justice should delay to none of the parties deserving protection or punishment.
Justice delivery system should leave no scope for any misinterpretation to reach swiftly the real culprit and rush remedies to the victim. Unless all chances to the corrupt tendency are not plugged cruel jaws will not eschew from preying fledgling doves.
The fast decaying tree of decency has to be refurbished to reap the ripe and sweet fruit. Diseased tree is self endangered and produces diseased fruit. Both require care and cure equally. All are to cooperate to achieve the desired objective as single sparrow cannot make a summer.
The author is a former Sr. Audit Officer and Consultant of A.G’s Office Srinagar.