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What You Can Do To Stop Sexual Abuse Against A Child With Disability

April 10, 2017

Here’s a detailed guide to take you through all the laws pertaining to sexual offences against a child, and how the POCSO Act makes it easier for children with disabilities to participate in the investigation and trial.
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What is POCSO?

The Protection Of Children from Sexual Offences Act was enacted in 2012 to address sexual abuse of children (defined to be till the age of 18 years) in different forms. It creates offences depending on the circumstances of the act, and provides for a ‘child friendly’ investigative and judicial procedure for the case. This also includes establishing a special court.

What offences are covered under POCSO?

The core offences created under this law are penetrative and aggravated penetrative sexual assault, sexual and aggravated sexual assault, sexual harassment, and using a child for pornographic purposes.

The aiding and abetting as well as the attempt of these offences are also penalized. The act also places a legal duty upon a person who has apprehension or knowledge that an offence may or has already been committed to report the offence (section 19).

This table outlines the offences under the Act with their punishments:

OFFENCEMINIMUMMAXIMUMFINE
Penetrative Sexual Assault 7 yearsLife imprisonmentYes
Aggravated Penetrative Assault 10 yearsLife imprisonmentYes
Sexual Assault3 years5 yearsYes
Aggravated Sexual Assault 5 years7 yearsYes
Sexual Harassment 3 yearsYes
Abetment of an Offence Abetment of an offence has the same punishment as the offence itself
Attempt of an Offence Punishment of either one half of life imprisonment or one half of the longest term provided for the offenceAnd/or
PORNOGRAPHY RELATED:
Use Of Child For Pornographic Purposes5 yearsYes
Second Conviction
7 yearsYes
Penetrative Sexual Assault for pornographic purposes (direct participation)10 years Life imprisonment Yes
Aggravated Penetrative Sexual Assault for pornographic purposesRigorous Life Imprisonment Yes
Sexual Assault for pornographic purposes6 years 8 yearsYes
Aggravated Sexual Assault for pornographic purposes8 years 10 yearsYes
Store of pornographic material for commercial purposes 3 yearsAnd/or

What are the important authorities under the POCSO?

How does POCSO make procedures easier for children with disabilities to participate in?

POCSO offers a child-friendly process and requires the dignity and autonomy of the child to be respected at all of stages of the legal process. This is the roadmap of procedures under the law:

AuthorityRole
Police/ Special Police Juvenile Unit
  • Record complaint and lodge first information report
  • Preliminary assessment
  • Report cases within 24 hours
  • Produce before CWC within 24 hours if required
  • Adhere to the medical needs fo the child
  • Keep parent/ guardian informed
  • Child Welfare Committee
  • Placement of child in alternate settings if required, when child is at risk of sexual abuse in family
  • Appoints support person
  • District Child Protection Unit
  • Maintain register of case records and make it available to authorities
  • Make payments for services of interpreters/ translators
  • Special Court/ Judge
  • Conducts in-camera trial
  • Ensure child friendly atmosphere
  • Respect dignity of the child
  • Maintain anonymity of the child
  • Must record evidence within 30 days
  • Complete trial within 1 year
  • Support Person
  • Appointed by the Child Welfare Committee
  • Keeping parent/ guardian informed of proceedings
  • Inform child of their role in the judicial process
  • National Commission for protection of child rights/ State commission for protection of child rights
  • Monitor implementaton of the Act
  • Call for reports of the CWC for specific cases
  • Reporting of the implementation of the act by a seperate charter in its annual report
  • What other safeguards are provided to children with disabilities under the act?

    Children with disabilities have the right to an interpreter or special educator who may be brought on board from the time the child is being examined for the first time. The authority recording the statement of the child – be it the Magistrate or the Police Officer – may seek the assistance of either a special educator or any person familiar with the manner of communication of the child or an expert in that field. This provides a wide range of options to enable the child to participate in the proceedings.

    A special educator is defined as a person trained in communication with children with special needs in a way that addresses the child’s individual differences and needs, which include challenges with learning and communication, emotional and behavioural disorders, physical disabilities, and developmental disorders. Normally, special educators and sign language interpreters should hold requisite qualifications and certification from the Rehabilitation Council of India, but these can be relaxed in individual circumstances.

    A ‘person familiar with the manner of communication of the child’ means a parent or family member of a child or a member of his/her shared household or any person in whom the child reposes trust and confidence, who is familiar with that child’s unique manner of communication, and whose presence may be required for or be conducive to more effective communication with the child.

    Of course, the Court must be satisfied that this person has no conflict of interest with the proceedings. If the child expresses any preference or choice regarding their support persons, this will be considered, and if required, more than one person may be engaged to facilitate proceedings.

    As per the Juvenile Justice Act, funds are to be maintained to enable proceedings, and these funds will be used to pay interpreters or special educators where engaged.

    Here are some important authorities you can get in touch with:

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