Enhancing the POCSO Act, 2012

For Prelims:

The following institutions and policies are essential in addressing child protection: Supreme Court, Protection of Children from Sexual Offences (POCSO) Act, 2012, National Commission for Protection of Child Rights (NCPCR), UN Convention on the Rights of the Child, Fast Track Special Court’s Scheme, and National Crime Records Bureau (NCRB).

For Mains:

Measures addressing child sexual abuse in India and related challenges.

Source: The Hindu

Why in the News?

The Supreme Court recently ruled that the viewing or possession of sexually explicit material involving minors is a punishable offence under the POCSO Act, 2012.

• This ruling clarifies that possessing such material is illegal, even if it is not shared or distributed.
• The decision overturned an earlier ruling by the Madras High Court, which had held that private viewing of child pornography was not punishable if it wasn’t distributed.

Key Highlights of the Supreme Court Ruling:

Redefinition of Terminology: The court urged the government to replace the term “child pornography” with “child sexual exploitative and abuse material” (CSEAM) to better reflect the nature of exploitation and abuse.

Expanded Scope of Section 15 of the POCSO Act: The Supreme Court reinterpreted Section 15 to cover more scenarios:

• • Possession Without Reporting: Individuals possessing child pornography must delete or report it; failure to do so is punishable.
  • Intent to Distribute: Storing such content with the intent to share or display it, except for reporting purposes, is an offense.
  • Commercial Possession: Possessing child pornography for commercial use carries the most severe penalties.

Inchoate Offenses: The court categorized offenses under Section 15 as “inchoate,” meaning preparatory steps toward committing a crime.

Redefinition of Possession: The definition of “possession” was expanded to include “constructive possession,” meaning having control over the material without physically holding it.

• • Watching child pornography without downloading can still be considered possession.
  • Receiving a link to such material and not reporting it can result in accountability.

Educational Reforms: The ruling called for comprehensive sex education in schools, emphasizing consent, healthy relationships, and respect for diversity.

Awareness About POCSO Act, 2012: Sections 43 and 44 require governments to promote widespread awareness of the Act.

Expert Committee Formation: The court recommended an expert committee to design educational programs and raise awareness about the POCSO Act.

Victim Support: The judgement stressed the importance of robust victim support, including psychological counselling, therapy, and educational support.

Status of Crimes Against Children:

• Rising Market: India now ranks highest in the world for uploading online child sexual abuse imagery, according to the National Centre for Missing and Exploited Children (NCMEC).
• Geographical Spread: Delhi leads in child pornography uploads, followed by Maharashtra, Gujarat, Uttar Pradesh, and West Bengal.
• Increased Circulation: The National Crime Records Bureau (NCRB) reported 781 cases of creating or storing child porn in 2018, up from 331 in 2017, with 1,171 cases of dissemination in 2022.

About the POCSO Act:

The POCSO Act addresses child sexual exploitation and abuse, defining a child as anyone below 18 years.

• Features:
  • Gender-Neutral: The Act recognizes that both boys and girls can be victims.
  • Confidentiality: Section 23 ensures the identity of child victims remains confidential.
  • Mandatory Reporting: Sections 19-22 require reporting suspected or known cases of child abuse.

Challenges in Implementing the POCSO Act:

• Lack of Support Persons: In 96% of cases, victims are not provided with “support persons” throughout the legal process.
• Insufficient POCSO Courts: Not all districts have dedicated POCSO courts, with only 408 courts established across 28 states by 2022.
• Shortage of Special Prosecutors: There is a lack of prosecutors specifically trained to handle POCSO cases.

Conclusion:

A collaborative effort among educators, healthcare professionals, and law enforcement is critical for early intervention and prevention of child sexual exploitation. Societal change is essential to support victims and help them recover, restoring their dignity and hope.

Explore our courses: https://apnipathshala.com/courses/

Explore Our test Series: https://tests.apnipathshala.com/