Paper: GS – II, Subject: Governance, Topic: Government Policies, Issue: POCSO Act.
Context:
On August 20, 2024, the Supreme Court set aside a controversial ruling by the Calcutta High Court (HC) that had overturned a conviction under the POCSO Act.
- Critique of the HC’s Ruling: The SC criticized the HC for straying from legal reasoning into social commentary, reaffirming that POCSO does not recognize ‘consensual relationships’ with minors.
- Sentencing Deferred: The SC deferred sentencing pending a report from an expert panel, which later indicated that the victim remained committed to the accused despite her difficult circumstances.
Key Takeaways:
What is POCSO?
- The Protection of Children from Sexual Offences (POCSO) Act, 2012, is a comprehensive law enacted by the Government of India to protect children from offences of sexual assault, sexual harassment, and pornography.
- It also provides for the establishment of Special Courts for the trial of such offences and matters connected therewith or incidental thereto.
Definition of Child:
- The Act defines a child as any person below 18 years of age.
The Act provides punishment as per the gravity of offence:
- The Act was further reviewed and amended in 2019 to Introduce more stringent punishment including the death penalty for Committing sexual crimes on children, with a view to deter the perpetrators & prevent such crimes against children.
- The Government of India has also notified the POCSO Rules, 2020.
The Controversial Calcutta High Court Ruling:
Conclusion:
The SC’s recent ruling underscores the necessity to uphold the protective intent of the POCSO Act against any deviations that may compromise its purpose. It also highlights the urgent need for comprehensive sex education to better protect minors in society.
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