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CHILD ABUSE – POSCO ACT, 2012

Violence against children is widespread and remains a sad reality for millions of children from all social and economic groups in India.

Both girls and boys in India face early marriage, domestic violence, sexual violence, domestic and school violence, human trafficking, online violence, child exploitation and bullying.

All forms of violence, abuse and exploitation have lasting effects on the lives of children. Gradually India is becoming increasingly aware of violence against children, especially sexual abuse.

According to the National Crime Record Bureau, 109 children in India are exposed to some form of child sexual abuse every day.

Similar records show a significant increase in crimes against children each year. Unlike many other crimes, horrific crimes against children are generally reported to be minor.

This is because even if a child confides in someone, the truth is often covered with fear of family dignity and social stigma. Child abuse is a violation of basic human rights.

Child Sexual Abuse in India

The CSA does not pay much attention to public discourse and is rarely taken for granted by the criminal justice system. About 19% of the world’s children find a home in India.

As a signatory to the United Nations Convention on the Rights of the Child in 1992, the Government of India has promised to protect all children from all forms of sexual exploitation and exploitation. The Convention places an obligation on state-owned enterprises to prevent the coercion or coercion of a child into engaging in illicit sexual activity.

Children who have been sexually abused in India are often frustrated by the repeated failure of the criminal justice system to address CSA-related complaints and the related social stigma that comes after the abuse.

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CSA cases are not only reported in India but are also common in many other Asian countries where self-identification is ignored to protect the family name and dignity from the stigma attached to sexual harassment.https://thelegallock.com/controversial-skin-to-skin-judgement-of-bombay-high-court/

POSCO Act, 2012 – Provision Against Child Abuse

An organization led by the Department of Women and Child Development led to the enactment of a new law called Protection of Children against Sexual Offences Act, 2012 (POCSO Act) to address the risk of child sexual abuse cases in India.

  • The POSCO Act, 2012 requires severe penalties, ranging from simple imprisonment to difficult seizures of different types and periods. There are also fines, which are determined by the Court based on the facts and facts of each case. The crime is considered a serious offence if it is committed by a person in a position of authority and the authority of minor or such members of the public as security guards, police officers, civil servants, etc.
  • The act does not use the word rape in sexual offences and does not limit sexual intercourse to just entering. Instead, the action increases the so-called sexual assault of the mouth to enter the oral sex, as well as the insertion of any kind of anus, into the mouth or vagina, in addition to the penis. Prior to the POSCO Act, many suspects in such cases were released free of charge or charged under severe categories under the IPC as outrageous of a woman’s dignity because actions such as digital entry are not considered a crime under the IPC. The increase in illegal attacks under POSCO, 2012 has now raised the bar of child protection in India and made sentences of various forms of entry possible.
  • The POCSO Act, 2012 is a positive force in many respects as it not only provides for post-crime but also includes under its definition of repeated sexual harassment or stalking, watching or contacting a child directly, electronic media or otherwise, which includes incidents of child abuse via sexually explicit messages or cyberspace.
  • POSCO law also has strong provisions to prevent the misuse of the law and the penalty is provided for making false complaints or submitting false information with the malicious intent to damage someone’s dignity.
  • Under the POSCO Act, 2012 the media was barred from disclosing the identity of children who had been sexually abused without the consent of the Special Court. The penalty for violating this provision was imprisonment for 6 months to 1 year.
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Types of Child Abuse

There are many types of child abuse. Physical, sexual, emotional, and psychological abuse are four types of child abuse listed by the World Health Organization.

Physical abuse refers to the physical abuse of a child; it is a deliberate act that results in physical harm. It usually happens when a person is upset and vents his or her anger on the child by slapping him or her or anything else.

Playing with a child’s brain to make him feel worthless and ashamed of himself, threatening to hurt him physically, or talking to him or someone in front of him using harsh words are all examples of mental abuse.

Emotional child abuse is related to child psychological abuse because it involves insulting or threatening the child’s feelings, which makes him or her sad or sad.

Child sexual abuse occurs when an adult or young adult uses a child to arouse sexual desire. It includes engaging a child in sexual activity for pleasure or financial gain by an individual or organization.

After Effects of Child Abuse

Child abuse has a devastating effect on a child’s mental, emotional, and physical well-being. It also contributes to the child’s development.

Child abuse shortens a child’s life span because the child has no desire to live because of the environment in which they live and the behaviour of individuals or communities around them. Child abuse changes a child’s lifestyle by putting him or her under constant stress or making him or her unhappy.

It also affects the child’s perception of the country or community because of what is happening in his or her life.

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It also impairs a child’s self-esteem and makes him believe that he is inferior and that he lacks the ability to make choices. https://www.medicinenet.com/what_are_the_effects_of_child_abuse/article.htm

Conclusion

Child sexual abuse is a nuisance to Indian society which is why the Act was introduced in 2012. However, no law can be applied effectively and efficiently, without the concerted effort of the investigating and implementing agencies.

A multi-sided approach is needed in this regard, and the responsibility rests with the provincial governments, the police department, the justice system, and medical organizations for urgent action and to deal with these cases with urgency, compassion, and compassion.

Prompt prosecution is possible only if the judges, their staff, prosecutors, the police, and the security forces work together, failing which any special court idea will be defeated.

To improve the sentencing rate, it is important to intensify both the investigation and the trial so that the survivor cannot be pressured into harbouring resentment.

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