This article discusses various legal provisions and prescribed punishment for offences against children in India and in International Law. These provisions ensure well being of Children and protect them from abuse of any kind or illegal trafficking or any other offences.
Trafficking of the children mainly means they are recruited, moved or transported and then oppressed , forced to work or sold. Over 20.9 million men, women, children are victim of human trafficking . Trafficking and sexual abuse of the children includes child pornography and child prostitution are particularly the cruel crimes and are also the serious rupture of fundamental rights. According to a survey, the children of Europe about 10% to 20% are sexually assaulted during the childhood. This phenomenon is not decreasing and this matter has emerged as global problems to be thought of.
Several International covenants and agreements highlight the issue of trafficking and sexual abuse of children, every one has recognized that, this exists in our society. Universal Declaration of Human Rights[“UDHR”] International Covenants of Civil and Political Rights [“ICCPR”], Protection of Children against Sexual offences [“POCSO”] and many more such International declarations. Under UDHR it has stipulated under para 2 of the article 25 that children is entitled to special care and assistance. Many of the principles have also been adopted by the general assembly on November 20/1959. Under ICCPR protection for children is identified under Article 23 and 24, International Covenant on Economic , Social and Cultural Rights mentions it in Article 10.
The POSCO Act, 2012 was passed by Rajya Sabha on 10th May, 2012 later by Lok Sabha on 22nd May, 2012. This act has been drafted to strengthen the legal provision for protection of children from sexual abuse and exploitation. it was for the 1st time that a special offences against children were recognised.
POSCO Act takes sufficient cognizance of possible acts forced upon children and recognises punishment for the once proven to have committed those offences. Aggravated penetrative assault shall be given the punishment of not less then 10 years of imprisonment which is subject to an extension. Sexual assault on children is given punishment of 3 years imprisonment and can also be extended to 5 years. Whoever uses a child for pornographic activity, shall be punished with imprisonment for 5 years and it can also be extended to the term of 7 years.
Conclusion:
Children are the future of our country, they need to be educated well so that they can take our country to the heights. Victim of sexual assault or trafficking should raise their voice, our Indian laws are well on their path to help.
This article is written by Shiralee Kinariwala
of Indore Institute of Law.
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