Part of: Prelims and GS-I – Problems faced by children and women
Context The Supreme Court quashed a Bombay High Court decision to acquit a man charged with assault under the Protection of Children from Sexual Offences Act (POCSO) solely on the grounds that he groped the child over her clothes without “skin-to-skin” contact.
The SC said that the act of touching a sexual part of the child’s body with sexual intent will not be undervalued.
The judge had argued that the High Court order would set a “very dangerous precedent” and cripple the intention of the POCSO Act to punish sexual offenders.
Salient features of the POCSO Act
“Children” according to the Act are individuals aged below 18 years. The Act is gender-neutral.
Different forms of sexual abuse including but not limited to sexual harassment, pornography, penetrative & non-penetrative assault are defined in the Act.
The investigation process should be child-friendly and the case should be disposed of within one year from the date of reporting.
The Act provides for the establishment of Special Courts for the trial of such offences and matters related to it.
Section 45: The power to make rules lies with the central government.
The National Commission for the Protection of Child Rights (NCPCR) and State Commissions for the Protection of Child Rights (SCPCRs) monitor the Act’s implementation. Both are statutory bodies.
Section 42 A: In case of inconsistency with provisions of any other law, the POCSO Act shall override such provisions.
