Editor,
Apropos the article, “Spare a thought on CHILDREN’S DAY: How Safe is Your Child?” by Bivan Rodriques Mukhim (ST November 14, 2013) the author claims that “unfortunately in India, there is no separate, exclusive legislation to deal with the problem of child sexual abuse”. This statement is incorrect and does not represent the current legal framework dealing with child sexual abuse in India. Contrary to the author’s claim, a special law entitled ‘Protection of Children from Sexual Offences Act, 2012 (POCSO)’ has been passed to address the issue of sexual offences against children.
POCSO has come into force from 14th November, 2012 and provides protection to all children under the age of 18 years from the offences of sexual assault, sexual harassment and pornography. The Act provides for stringent punishments, which have been graded as per the gravity of the offence. The punishments range from simple to rigorous imprisonment of varying periods. There is also provision for fine, which is to be decided by the Court. An offence is treated as “aggravated” when committed by a person in a position of trust or authority of child such as a member of security forces, police officer, public servant, etc.
The Act provides for the establishment of Special Courts for trial of offences under the Act, keeping the best interest of the child as of paramount importance at every stage of the judicial process. The Act incorporates child friendly procedures for reporting, recording of evidence, investigation and trial of offences.
These include: (1)Recording the statement of the child at the residence of the child or at the place of his choice, preferably by a woman police officer not below the rank of sub-inspector (2) No child to be detained in the police station in the night for any reason. (3) Police officer to not be in uniform while recording the statement of the child (4) The statement of the child to be recorded as spoken by the child (5) Assistance of an interpreter or translator or an expert as per the need of the child. (6) Assistance of special educator or any person familiar with the manner of communication of the child in case child is disabled. (7) Medical examination of the child to be conducted in the presence of the parent of the child or any other person in whom the child has trust or confidence (8) In case the victim is a girl child, the medical examination shall be conducted by a lady doctor (9).Frequent breaks for the child during trial(10) Child not to be called repeatedly to testify (11)No aggressive questioning or character assassination of the child (12) In-camera trial of cases
For the more heinous offences of Penetrative Sexual Assault, Aggravated Penetrative Sexual Assault, Sexual Assault and Aggravated Sexual Assault, the burden of proof is shifted to the accused. This provision has been made keeping in view the greater vulnerability and innocence of children. Under the Act, media has been barred from disclosing the identity of the child without the permission of the Special Court. The punishment for breaching this provision by media may be from six months to one year. The Act casts a duty on the Central and State Governments to spread awareness through media including the television, radio and the print media at regular intervals to make the general public, children as well as their parents and guardians aware of the provisions of this Act. The National Commission for the Protection of Child Rights (NCPCR) and State Commissions for the Protection of Child Rights (SCPCRs) have been made the designated authority to monitor the implementation of the Act.
In the light of this information, it is humbly requested that a newspaper of such repute should be cautious enough and avoid blatant errors as the present one.
Yours etc.,
Shishir Tiwari,
Via email
MUDA eviction
Editor,
Radical activist Agnes Kharshiing’s arrest on 8th November, 2013 for alleged obstruction of MUDA eviction drive and issuance of threats to officials is the latest episode in her chequered career of courting arrest and publicity using questionable methods. Her career as an activist is full of such events where she has issued threats publicly to Govt servants and others who disagree with her fanatical methods. She is clearly taking full advantage of her gender to intimidate people and evade justice. The question that needs to be asked is how she gets out on bail so quickly each time. Has no case been ever filed against Ms. Kharshiing? If yes, why is she still free to continue with her misguided crusade against Govt? Time to bring troublemakers to book! This will serve as a warning to other disruptive elements that have formed a Mafia in the state.
Yours etc.,
Gordon Warjri
Shillong- 3