Here is all you needed to know about the POCSO Act

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POCSO: The Protection of Children from Sexual Offences (POCSO) Act, is a comprehensive law to provide for the protection of children (below 18 years) from the offences of sexual assault, sexual harassment and pornography by incorporating child-friendly mechanisms for reporting, recording of evidence, investigation and speedy trial of offences through designated Special Courts.

The Act has come into force with effect from 14th November, 2012 along with the Rules framed there under.

It defines different forms of sexual abuse, including penetrative and non-penetrative assault, as well as sexual harassment and pornography,

A sexual assault is considered to be “aggravated” under certain circumstances, such as when the abused child is mentally ill or when the abuse is committed by a person in a position of trust or authority vis-à-vis the child, like a family member, police officer, teacher, or doctor. People who traffic children for sexual purposes are also punishable under the provisions relating to abetment.

It prescribes stringent punishment graded as per the gravity of the offence, with a maximum term of rigorous imprisonment for life, and fine. It provides for mandatory reporting of sexual offences so it is a legal duty upon a person who has knowledge that a child has been sexually abused to report the offence; failure to do so may cause a six months‟ imprisonment and/ or a fine.

The police take role of child protectors during the investigative process. and are given the responsibility of making urgent arrangements for the care and protection of the child, such as obtaining emergency medical treatment for the child and placing the child in a shelter home, should the need arise. They are required to bring the matter to the attention of the Child Welfare Committee (CWC) within 24 hours of receiving the report, so the CWC may then proceed where required to make further arrangements for the safety and security of the child.

As per the Act

The medical examination of the child should be conducted with least distress and in the presence of the parent or other person whom the child trusts, and in the case of a female child, by a female doctor.
The Special Courts should conduct the trial in-camera and without revealing the identity of the child, in a child-friendly manner with a trusted guardian present.
The child is not to be called repeatedly to testify in court and may testify through video-link rather than in a courtroom.
Act stipulates that a case of child sexual abuse must be disposed of within one year from the date the offence is reported.
The Special Court can determine the amount of compensation to be paid to a child who has been sexually abused, so that this money can then be used for the child‟s medical treatment and rehabilitation.

Children who have been sexually abused are not only traumatised as a result of their experience, but are also more vulnerable to further and repeated abuse and at risk of secondary victimization at the hands of the justice delivery process.

A common example is the handling of cases of child victims by unspecialized police, prosecutors and judges who are not trained in justice for children, children’s rights or how to deal and communicate with victim children and their families.

The lack of clear guidelines and procedures on how to deal with child victims and their families in a child – sensitive manner during the court process affects the quality of trial and evidence and trial process; the child is subjected in such cases to repeated probing and questioning, made to relive the traumatic incident again and again, and thereby suffer in the retelling.

The victims also do not receiving proper medical support and counselling, causing physical and mental distress to the child and his/her family and hampering the healing process for the child. In addition to this, families and child victims are unable to benefit from legal aid as the appropriate agencies are not involved at the right stage in the procedure.

Child victims do not receive timely advice and assistance so as to be free from a fear of family breakdowns and social isolation if the offender is a relative and/or the breadwinner of the family. There is also no system of supervision for checking the welfare and well-being of child victims during and after the court process, particularly when the abuser is the parent or guardian of the child.

The prevention of child sexual abuse, protection of victims, justice delivery, and rehabilitation of victims are not isolated issues. The achievement of these objectives requires a co-ordinated response of all the key players, which include the police, prosecution, Courts, medical institutions, psychologists and counsellors, as well as institutions that provide social services to the children.

Source: https://wcd.nic.in/sites/default/files/POCSO-ModelGuidelines.pdf

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When I reminisce about my childhood, it is filled with pleasant memories, a loving family, and a sound and secure place I could call home. We grew up without phones and technology and playing outdoors was a luxury we could afford, unlike this generation. I was encouraged to be independent and go out alone for any work or meet friends, go to their houses or outings. I enjoyed a lot of freedom. Freedom which I haven’t been able to give to my daughter though. Because this freedom came with a price.

Groping, catcalling, eve teased, flashed at are some things which came along with being a woman who could roam freely on the streets. Oh, how many times such incidents happened to me. Even though these were more than 25 years ago I can still recall them with the same goosebumps and chill I felt then.

Going to theatres meant that somebody will surely feel you from behind while exiting in the crowd. Traveling in crowded buses and trains meant men rubbing their private parts from behind you. Walking in the streets meant being cat-called or being followed by some creepy pervert. Flashing their private parts at women would be someone’s fetish. As a young girl, I don’t have to tell how each incident left me feeling- dirty, disgusted, scared, nauseated. Every time. Their touch on my chest would remain for days. That hand that crept from behind between my legs and grabbed me would leave me traumatized for weeks together. It was a violation of my body. Yet I did not know whom to tell this to. Because I felt shameful. I don’t know why. I felt that part of it was my fault somehow.

I started becoming an overcautious and hypervigilant person. While walking on the streets I would make sure that I would cross my chest with my hands if I saw any man coming from the opposite direction so he wouldn’t grab them or brush against them and go. I would cover my butt with my handbag while walking out of crowded places to avoid giving a chance to any pervert to grope me from behind. These were the coping mechanisms I came up with before I became bold enough to bring such men to task by confronting them or calling them out in the crowd.

But when I had a daughter, I decided that I would never let this happen to her ever. She will never go through what I went through. Never would I let her go out anywhere in the first place to even let this happen to her. She has never traveled on public transport. I have never let her go alone even to the grocery store by herself. When we go to a movie or a mall, I make sure I walk behind her so no one will have a chance to touch her. I constantly watch out for any boys or men who would be checking her out or tease her. That\s how overprotective I am. I am constantly telling her what to wear and what not to because I know how those men in the streets can be- they can undress you with their eyes and make you feel naked even if you are in a burkha.

Now that she is a teenager our arguments are always surrounding her dressing style or freedom and independence. My policing makes her think I am old fashioned and I don’t trust her, but no. I don’t want her to experience what I have. I don’t want anyone touching her or violating her body in any way which would make her feel traumatized as it did to me.

I wish she would understand this. I wish she knew how it feels like to have a piece of your heart walking outside your body- You would do everything in your power to protect it from harm right?

The everyday numbers in rapes, sexual harassment cases, and the killing of minors haven’t help me change. The recent judgments which were passed by the Maharashtra Lady Judge where she said that no skin to skin contact does not amount to sexual harassment had me burning with rage. I wish I could tell her how it felt. I wish I could tell her how this affected me as a mother of a daughter. I wish I could tell her how scared parents of girls feel while sending their kids to schools, colleges, and work. Why do many parents put pressure on their kids to dress in a certain way is because when a sick society and a weak judiciary will not help us to protect our children, so we tend to think layers of clothes might help. Maybe asking them to dress down will not attract the eyes of the predators?

But deep inside we also know that that’s not true either. Rapists will rape. Eve teasers will tease. Molesters will molest. It has nothing to do with the dress, time of the day, or place. They will do it at home, on the streets, in public places, anywhere they can Because they know they will get away. Because being a woman is a punishment by itself.

So until then, I will continue to be the mother my daughter dislikes for all the policing I do. A mother who asks her to cover herself, a mother who won’t let her travel alone, a mother who wants her home before dark. Just another helpless overprotective mother.