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26/05/2021 - Government Policies

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May 25, 2021

Reforming the Protection of Children from Sexual Offences Act 2012 is necessary to account for the better protection of children. Do you agree with this view? Comment (200 Words)

Refer - The Hindu

Enrich the answer from other sources, if the question demands.

5 comments
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IAS Parliament 3 years

KEY POINTS

·        India has sought to “protect children from offences of sexual assault, sexual harassment and pornography” through the Protection of Children from Sexual Offences Act (POCSO).

·        With growing international jurisprudence around these issues, and in line with the UN Convention on the Rights of the Child, India must revise its legal and procedural methods to deal with historical child sexual abuse.

·        Provisions in the Criminal Procedure Code (CrPC) prohibit judicial magistrates from taking cognisance of cases beyond a specific time period.

·        As such, any reporting of an offence, under Section 354 of the IPC, more than three years after the date of incident would be barred by the CrPC.

·        This presents an insurmountable legal barrier against the registration of historical child sexual offences which took place before 2012.

·        One of the major drawbacks of delayed reporting is the lack of evidence to advance prosecution.

·        Union Ministry of Law and Justice, at the request of the then Minister for Women and Child Development, clarified that no time limit shall apply for POCSO cases.

·        Though this was a welcome clarification and would help strengthen the POCSO jurisprudence, it still fails to address the plight of children who were victims of sexual abuse before 2012. 

Saurabh kasaudhan 3 years

Kindly review

IAS Parliament 3 years

Good attempt. Keep Writing.

Tapasvi 3 years

Kindly review 

IAS Parliament 3 years

Try to explain about article 23, 39(f). Keep Writing.

Harsh 3 years

Please review

IAS Parliament 3 years

Try to stick to word limit. Keep Writing.

K. V. A 3 years

Pls review

IAS Parliament 3 years

Avoid writing short forms, explain about article 23. Keep Writing.

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