By Our Reporter
SHILLONG: The National Commission for the Protection of Child rights (NCPCR) and the State Commission for the Protection of Child rights have been made the designated authority to monitor the implementation of the Protection of children from sexual offences Act 2012 which came into force on November 14, 2012.
It may be mentioned that the Act will also be applicable to the State once the State Commission for Protection of Child rights starts functioning.
At present, the rules prepared under this commission have already been approved by the cabinet recently and what is left now is the setting up of a search committee as per the rules which will be headed by the State Social Welfare Minister.
The commission is expected to start functioning this year of which it will look after all cases related to child welfare and the State commission will take the task of the national commission.
The Protection of children from sexual offences Act 2012 under the ambit defines a child as a person below the age of 18 and is gender neutral and has a clear definition for all types of sexual abuses like sexual harassment, penetrative or non-penetrative sexual abuse and pornography.
Sexual abuses are currently covered under different sections of IPC. The IPC does not provide for all types of sexual offences against children and more importantly does not distinguish between adult and child victims.
This act provides for stringent punishment, which have been graded as per the gravity of the offence.
The punishments range from simple to rigorous imprisonment of varying periods. There is a provision for fine which is to be decided by the court.
Not leaving out punishments for offences committed by the higher ups and the men in uniforms, this act also mentions that an offence is treated as ‘aggravated’ when committed by a person in a position of trust or authority of child such a member of security forces, police officers and public servant.
Moreover, the media has been barred from disclosing the identity of the child without the permission of the special court. The punishment for breaching the provision by media may be from six months to one year.
The act recognizes that the intent to commit an offence, when unsuccessful for whatever reasons, needs to be penalized.
The attempts to commit an offence under the act have been made liable for punishment for upto half the punishment prescribed for the commission of the offence.
