The Government introduced a bill seeking to prevent sexual abuse of children with provisions for stringent punishment for such offences in Rajya Sabha during the budget session. Till now, all such cases were being tried under the Indian Penal Code. The bill envisages a jail term up to seven years and a fine of Rs. 50,000 for such crimes.
Some of the salient features of the Bill are:
- · The bill describes a child as individual below the age of 18
- · One of the anomalies existing in present legislation is that a sexual act with children between the age of 16-18 is considered a crime, the proposed legislation recognizes the ground reality of early marriage and does not make it an offence if the consent of individual between 16-18 has been taken.
- · To enhance speedy trials, the States will be required to designate a session court in each district to try offences under this bill.
- · Till the proposed legislation aims at protecting children against offences of sexual assault, sexual harassment, pornography and provide for establishment of special courts for trial of such offences.
- · Sexual assault also includes fondling the child in an inappropriate way which will invite a penalty of minimum three years in jail.
- · Minimum 5 years punishment of penetrative sexual assault.
- · If offence committed by police, security personnel, public servant, persons from educational institution, hospitals or children’s home than minimum punishment is 5 years prison which can be extended to 7 years.
- · There is a special provision for abusing children for pornography or even possessing such material.
The bill is long overdue considering inadequacy and inappropriateness of archaic Indian Penal Code, however one is rather worried that considering less and less attention of legislators in formulating laws (amount of interruptions in the legislative houses have risen dramatically), if this much needed bill also does not fall on the wayside.
Please find Bill no. XIV of 2011 Protection of Children from Sexual Offences Bill, 2011 as introduced in the Rajya Sabha at our website http://www.srr-foundation.org
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