GS Paper 2
Syllabus: Government policies and interventions for the development of the social sector, Institutions and bodies constituted to protect vulnerable sections etc
Context:
In Rama Bande Rama v. the State of Karnataka, the Karnataka High Court quashed criminal proceedings of rape and kidnapping under the Indian Penal Code, under the Protection of Children from Sexual Offences (POCSO) Act, 2012.
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- It was based on a complaint of a 17-year-old girl’s father against her 20-year-old partner.
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Protection of Children from Sexual Offences (POCSO) Act, 2012:
It was enacted to protect the children from offences of sexual assault, sexual harassment and pornography with due regard for safeguarding the interest and well-being of children.
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- Consent of person under 18 years: Under POCSO, the consent of a person under the age of 18 is irrelevant, regardless of the nature and circumstance of the sexual interaction, or the particulars of the person with whom it takes place.
- It defines a child as any person below eighteen years of ag
- Consent of person under 18 years: Under POCSO, the consent of a person under the age of 18 is irrelevant, regardless of the nature and circumstance of the sexual interaction, or the particulars of the person with whom it takes place.
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Issues:
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- Criminal justice system: A number of young couples in consensual and non-exploitative relationships have found themselves embroiled in the criminal justice system
- Sexual offences: Boys/young men are charged with sexual offences without proper investigations.
- Institutionalized in children’s homes: The girls are treated as victims and institutionalized in children’s homes when they refuse to return to their parents or their parents refuse to accept them.
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Related Judgments:
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- Vijaylakshmi v. State Rep (2021): The Madras High Court observed that, punishing an adolescent boy who enters into a relationship with a minor girl by treating him as an offender, was never the objective of the POCSO Act.
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Need of Reforms in Law:
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- Social realities: The high rate of acquittals shows that the law is not in sync with the social realities of adolescent relationships.
- Blanket criminalisation: Consensual sexual acts involving older adolescents erodes their dignity, best interests, liberty, privacy, evolving autonomy, and development potential.
- Burden on courts: It also impacts the delivery of justice as these cases constitute a large burden on our courts.
- They divert attention from investigation and prosecution of actual cases of child sexual abuse and exploitation.
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Conclusion:
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- Prevent criminalisation: There is a compelling need for law reform to revise the age of consent and prevent the criminalisation of older adolescents engaging in factually consensual and non-exploitative acts.
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Other features of POCSO Act:
Insta Links:
Mains Link:
Q. Examine the main provisions of the National Child Policy and throw light on the status of its implementation. (UPSC 2016)
Prelims Links:
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- POCSO Act
- Adolescent
- IPC
With reference to the United Nations Convention on the Rights of the Child, consider the following: ( UPSC 2010)
- The Right to Development
- The Right to Expression
- The Right to Recreation
Which of the above is/are the Rights of the child?
(a) 1 only
(b) 1 and 3 only
(c) 2 and 3 only
(d) 1, 2 and 3
Ans: (d)
Justification:
- All of them are rights of children under UNCRC.
- The UN Convention on the Rights of the Child(CRC) was adopted by the United Nations in 1989.
- It has been ratified by all members of the UN except for the United States.
- Under the articles of the convention, all parties to it are required to ensure that children’s basic needs are fulfilled and they are able to reach their full potential.
