POCSO Act 2012 & Amendment 2019�Other Laws related to sexual offences against children
WORKING FOR CHILD SAFETY AND GENDER EMPOWERMENT SINCE 2001
CREATING SAFE SPACES
Establish Session Values
What will make this class a safe space for everyone to talk, share and discuss freely? Talk about things that are close to our heart? Things that bother us to make us sad? How do we want others to behave? How will we behave? How can we make it easy for all of us to understand as well as enjoy these sessions together? Some values - based off behaving - that may support us in sharing and discussing openly are:
Listening to each other with respect
Speaking with respect for each other
Trust each other
Any other value on which we all want to mutually agree?
CREATING SAFE SPACES
enfoldindia.org
Legal Framework in India
Women [Indian Penal Code, 1860]
Trafficking of minors for sex work [Immoral Traffic Prevention Act, 1956]
Women belonging to Scheduled Castes and Scheduled Tribes [Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act, 1989]
Electronic transmission of material depicting children in sexual explicit acts [Information Technology Act, 2000]
Children, i.e., persons below 18 years [Protection of Children from Sexual Offences Act, 2012]
Women and children with disabilities [Rights of Persons with Disabilities Act, 2016]
CREATING SAFE SPACES
enfoldindia.org
POCSO Act and Procedures
WORKING FOR CHILD SAFETY AND GENDER EMPOWERMENT SINCE 2001
CREATING SAFE SPACES
Why was POCSO Act enacted?
(C) Swagata Raha 2018
Increasing incidence of child sexual abuse and low rate of conviction in rape cases.
IPC failed to adequately address sexual assault, sexual harassment, pornography, as well as sexual violence against boys.
Interests of a child victim and witness needed to be protected through child friendly procedures and a Special Court.
Obligations under the United Nations Convention on Rights of the Child, 1989 needed to be complied with.
CREATING SAFE SPACES
enfoldindia.org
Key Features of POCSO Act & Rules
Gender neutral.
Child-friendly provisions for reporting, recording of evidence, investigation and trial.
Offender is presumed guilty.
Special Courts for speedy trial
Punishment graded as per gravity of the offence.
Child offenders will be tried under the Juvenile Justice (Care and Protection of Children) Act, 2000.
(C) Swagata Raha 2018
Sexual Offence
Mandatory reporting and recording
Child = 18 years
Compensation
False Reporting
Child-friendly procedure
Care and protection
Presumption of guilt
Special Court
Emergency medical care
Protection of Children from Sexual Offences Act 2012
POCSO Act
CREATING SAFE SPACES
enfoldindia.org
Roles and Responsibilities
© Swagata Raha
Reporting
Child, family, school, media, NGOs, hospitals, person-in-charge of an institution, CWC, Childline, and others
Investigation and recording of statement
SJPU/ Police
Magistrate
Care and Protection
SJPU/Police
Child Welfare Committee, DCPU
Special Court
Medical practitioners
Trial
Special Court
Special Public Prosecutor
Support Person
Implementation and Monitoring
State Government
NCPCR & SCPCR
CREATING SAFE SPACES
enfoldindia.org
Offences under POCSO
Touch-based Offences
Non-Touch-based Offences
Other Offences
Abetment (1) Instigates (2) Conspires for doing of that offence (3) intentionally aids by act or illegal omission.
Attempt to commit offence, cause such an offence to be committed, does any act towards commission of the offence.
CREATING SAFE SPACES
enfoldindia.org
Internal Response �and �Redressal Process
WORKING FOR CHILD SAFETY AND GENDER EMPOWERMENT SINCE 2001
CREATING SAFE SPACES
Strengthening the system: �School and State Child Protection Policy
In Karnataka and some other States, every school has to have:
Recruitment policies, background check, check with previous employer. An unofficial chat better than written documents. Ask:�“Would you recommend this person to work with children?”
A Child Protection Policy to take care of a child’s physical, emotional and sexual safety – to be shared with every parent and staff member
A Child Protection Officer, A Child Protection Committee
Every School has to conduct:
Awareness sessions for all parents, teaching and non-teaching staff
Personal Safety sessions for all students from grade 1 to 12
Annual appraisal of staff and personnel.
CREATING SAFE SPACES
enfoldindia.org
Strengthening the system: �Child Protection Committee
Members of the Child Protection Committee
Principal/ Head of Institution: President
Senior Teacher/ Caregiver
Senior Non teaching staff.
2 senior students
2 parents
External member of good standing.
CREATING SAFE SPACES
enfoldindia.org
An incident is reported or witnessed or suspected
A child reports a child safety violation/abuse/ sexual abuse to a teaching or non-teaching staff or any other adult engaged by the EI
A teaching or non-teaching staff or any other adult engaged by the EI witnesses or suspects a child safety violation/ abuse/sexual abuse in EI
Inform
CPO
or Chairperson of
CPC
CREATING SAFE SPACES
enfoldindia.org
To be Completed within 24 Hours
Remove child from imminent danger
If child abuse or sexual abuse ensure child is not further questioned
Ensure safety of child victim
If child is at risk or harm, inform CWC/Police and remove child to safe place.
Assess Immediate Risk
Administer First Aid/CPR
For Medical Tests take child to nearest hospital, preferably after parents arrive
Medical Intervention
Inform & reassure parents
If cognizable offense appraise them of legal obligations
Inform Parents / Guardians
Secure Premises
Preserve any evidence e.g. clothing
Evidence Preservation
Within 24 hrs.
Inform EI Management
Initiate Inquiry
Convene CPC meeting
File FIR or Complaint with Police
Report cognizable offense
Stmt. by Police in plain clothes at EI or child’s home, when child is in a state to talk
Record Child’s Statement by Police
CREATING SAFE SPACES
enfoldindia.org
Inquiry Procedure and Action
CPO prepares a detailed case report for the CPC.
Non-cognizable offenses are inquired & investigated by the CPC.
All those engaged in the inquiry will be relieved from regular work/class.
If other children affected, CPC discusses institution’s action, progress of case filed
CPO meets child or adult reporting the incident, incl other adults & children (if necessary) to document facts, reportage, observations and opinions
Within 3 working days of incident being reported.
CREATING SAFE SPACES
enfoldindia.org
When alleged abuser is an adult
If a teaching or non-teaching staff of the EI or associated with the EI, he/she must be placed under suspension or kept away from premises till completion of inquiry.
When the alleged abuser is convicted by Court and sentenced , EI must formally terminate the person.
KSCPP FOR EI
CREATING SAFE SPACES
enfoldindia.org
When alleged abuser is a child
KSCPP FOR EI
Must be treated as a child in conflict with law and process as mandated under the Juvenile Justice Act must be followed
If offense is cognizable, EI:
Must inform the parent/guardian of the child who committed the offence and call them over to the EI or police station.
Must report/file a complaint with the jurisdictional police station.
Shall ensure that the child is not intimidated in any manner or subjected repeated questioning/interrogation.
Place the child under suspension until the enquiry process is completed by the Police and Juvenile Justice Board.
CREATING SAFE SPACES
enfoldindia.org
When alleged abuser is a child
KSCPP FOR EI
If offense is non-cognizable, such as bullying, the EI:
Shall talk to the child to understand why the child behaved the particular way.
Shall ensure that all measures are taken not to intimidate the child in any way.
Parents/guardians shall be called to the EI and counseled to seek help if necessary, keeping the best interest of the child and other children
If the child wishes, he /she should be allowed/assisted to have a person of choice who advocates on his/her behalf during discussions and inquiries.
Refer child for counseling to facilitate reformative process.
Disciplinary action proportionate to the offence shall be initiated.
CREATING SAFE SPACES
enfoldindia.org
Follow up and Closure
Head of Institution shall make a report to the BEO including status update of the case in 15 days.
A Case file of a non-cognizable offense shall be closed within 6 months.
A Case file for a cognizable child safety violation or child sexual offense is kept open until case is disposed of by the court of jurisdiction.
KSCPP FOR EI
CREATING SAFE SPACES
enfoldindia.org
EXTERNAL RESPONSE MECHANISMS
WORKING FOR CHILD SAFETY AND GENDER EMPOWERMENT SINCE 2001
CREATING SAFE SPACES
External Response Structures
CWC
JJB
SJPU
DCPU
KSCPR
Child Line (1098)
State Departments
EI and Child
CREATING SAFE SPACES
enfoldindia.org
Mandatory Reporting (under Section 19)
Penalty for non-reporting (under Section 21)
KSCPP FOR EI
Who must report? Anyone who has:
Knowledge of an incident of child sexual abuse
Apprehension of a likelihood child sexual abuse
Whom to report to?
SJPU or
Local Police
All teaching and non-teaching staff of the EI as well as the Management are legally obliged to report.
CREATING SAFE SPACES
enfoldindia.org
Penalty for False Complaint�(Section 22)
KSCPP FOR EI
Any person who makes a false complaint or provides false information against any person in respect to specific sexual offences mentioned under POCSO shall be punished with imprisonment between 6 months to 1 year with/without fine, Sec 22 (1).
Any person who makes a false complaint or false information against a child knowing it to be false, against a child thereby victimizing the child shall be punished with imprisonment up to one year or a fine or both, Sec 22 (2).
CREATING SAFE SPACES
enfoldindia.org
Abetment and attempt to commit an offence
KSCPP FOR EI
A person who instigates any sexual offence against a child or conspires with others for the commission of the crime, intentionally aids by committing such crime is said to abet an offence, Sec 16, and shall be punished with punishment provided for that offence, Sec 17.
Punishment for attempt to commit an offence will be one half of punishment as prescribed for the offence itself, Sec 18.
CREATING SAFE SPACES
enfoldindia.org
Documentation and Record Keeping
WORKING FOR CHILD SAFETY AND GENDER EMPOWERMENT SINCE 2001
CREATING SAFE SPACES
Importance of Documentation
Documentation of child safety violations is central to the Child Protection Policy.
Thorough documentation provides a solid foundation of the school’s efforts to provide a safe environment, prevent incidences of abuse and respond sensitively and professionally to incidences of abuse.
Documenting the incident is very important to record the details of how and where it occurred as soon as it comes to our notice.
If documentation is not timely, important information and data can get lost,
Comprehensive documentation of each case facilitates referrals and convergence of services.
Absence of quality documentation may lead to critical errors in judgement, inability to provide justice to a student-victim and poor outcomes for all students in the school.
CREATING SAFE SPACES
enfoldindia.org
Who is Responsible for Documentation
Head of the Institution
Child Protection Officer
Any Teacher / Staff of the school to whom the child has reported an incident of Child Sexual Violence
CREATING SAFE SPACES
enfoldindia.org
Important Documents and Records
Reporting the Case of a Child Protection Violation
Case File -Annexure 3 of CPP
Minutes of the CPC Meeting
Documenting and Keeping the records of Complaint Box and Suggestion Book
A Section in the Annual Report on Child Protection Measures
CREATING SAFE SPACES
enfoldindia.org
Recording a Child Safety Violation
Records to be maintained when a safety violation incident occurs:
Child’s complete case file with
Medical reports
Counseling Reports
Child’s Statement
Case report: (Refer ANNEXURE 3: Child Abuse Reporting Form)
FIR
Record of when and how the parent(s) were contacted
CREATING SAFE SPACES
enfoldindia.org
Recording Complaints from the Complaint Box
Date and Time of Opening of the Box
Attendance Record of who were present during the opening
Complaints of Child Protection Violation issues are noted down by the CPO to be discussed with HI and CPC meeting. The slips needs to be filed / stored.
Based on severity of complaint, CPO will record if an Emergency CPC meeting needs to be called.
Actionables minutes as a part of the Minutes of the Meeting
CREATING SAFE SPACES
enfoldindia.org
Suggestion book
Suggestion book should be reviewed once in 3 months
Suggestions should be placed in CPC meetings
CREATING SAFE SPACES
enfoldindia.org
Annual Report
Section in the annual report should contain information on the work done by school with regard to child safety and protection services . It should include
Statistics:
Modifications made to infrastructure and processes adopted as preventive measures
Number of CPC meetings held
Number of Child Protection Violation incidents
Children’s Complaints and Suggestions Actioned
Capacity building sessions held for staff, management, children and parents
Case Study
CREATING SAFE SPACES
enfoldindia.org
Where our system fails:
Confusing reporting mechanism
Multiple interviews and examinations
Lack of coordination between stakeholders
Lack of comprehensive care plans
CREATING SAFE SPACES
enfoldindia.org
Trauma Caused To Child �(Secondary Victimization)
Repeated, insensitive, and humiliating interviews
Frightening, insensitive medical examination
Confronting the perpetrator
Facing a hostile family
Unpleasant placement experience
Treatment that the child finds unhelpful
Court testimony
Not knowing what is going to happen
CREATING SAFE SPACES
enfoldindia.org
Punishment for Sexual Offences under POCSO Act
Offence | Minimum | Maximum | Fine |
Section 4(1): Penetrative Sexual Assault | 7 10 years | Life imprisonment | √ |
Section 4(2): Penetrative Sexual Assault on child below 16 years | 20 years | Life imprisonment (remainder of life) | √ |
Section 6: Aggravated Penetrative Sexual Assault | RI 10 20 years | Life imprisonment (remainder of life) Or DEATH | √ |
Section 8 : Sexual Assault | 3 years | 5 years | √ |
Section 10: Aggravated Sexual Assault | 5 years | 7 years | √ |
Section 12: Sexual Harassment | - | 3 years | √ |
Section 14: Using child for pornographic purposes | 1st CV: 5 years 2nd CV: 7 years | 1st CV: 5 years 2nd CV: 7 years | √ √ |
Section 14(1) + Section 3 | 10 years Punishment u/s 4 +S.14(1) | Life imprisonment | √ |
Section 14(1) + Section 5 | RI for life Punishment u/s 6 +S.14(1) | | √ |
Section 14 + Section 7 | 6 years Punishment u/s 8 +S.14(1) | 8 years | √ |
(C) CCL-NLSIU, 2014
CREATING SAFE SPACES
enfoldindia.org
Punishment for Sexual Offences under POCSO Act
Offence | Minimum | Maximum | Fine |
Section 14 + Section 9 | 8 years Punishment u/s 10 +S.14(1) | 10 years | √ |
Section 15(1): Storage of pornographic material involving child with intention to share or transmit and failure to delete/destroy/report to prescribed authority | 1st offence: Rs 5000 fine 2nd/subsequent offence: Rs 10000 fine | | |
Section 15(2): Storage or possession of pornographic material in any form involving a child for transmitting or propagating or displaying or distributing in any manner at any time except for the purpose of reporting, or for use as evidence in court | | 3 years | And/Or |
Section 15(3): Storage or possession of pornographic material in any form involving a child for commercial purpose | 1st CV: 3 years 2nd/Subsequent CV: 5 years | 3 years 1st CV: 5 years 2nd/Subsequent CV: 7 years | And/Or √ |
© CCL-NLSIU, 2014
CREATING SAFE SPACES
enfoldindia.org
Offences introduced under the Criminal Law (Amendment) Act, 2013 and 2018
Offence | Minimum | Maximum | Fine |
Section 370(6): Repeat trafficker of minors | Imprisonment for remainder of natural life | | √ |
Section 376(1): Rape | RI 7 10 years | Life imprisonment | √ |
Section 376(2): Aggravated Rape (excludes rape of a woman below 16 years of age) | RI 10 years | Life imprisonment for remainder of life | √ |
Section 376(3): Rape of woman below 16 years | RI 20 years | Life imprisonment for remainder of life | √ |
Section 376A: Rape causing death or resulting in vegetative state of victim | RI 20 years | Life imprisonment for remainder of life or death | - |
Section 376AB: Rape of woman below 12 years | RI 20 years | Life imprisonment for remainder of life or death | √ |
Section 376C: Sexual intercourse by a person in authority (includes superintendent or manager of children’s institutions) | RI 5 years | RI 10 years | √ |
© Swagata Raha
CREATING SAFE SPACES
enfoldindia.org
Offences introduced under the Criminal Law (Amendment) Act, 2013 and 2018
Offence | Minimum | Maximum | Fine |
Section 376D: Gang rape | RI 20 years | Life imprisonment for remainder of life | √ |
Section 376DA: Gang rape of woman below 16 years | Life imprisonment for remainder of life | √ | |
Section 376DB: Gang rape of woman below 12 years | Imprisonment for remainder of the person’s natural life | Death | √ |
Section 376E: Repeat offenders under sections 376, 376A, 376D | Imprisonment for remainder of life | Death | - |
Section 509: Word, gesture or act intended to insult the modesty of a woman | | SI 3 years | √ |
© Swagata Raha
CREATING SAFE SPACES
enfoldindia.org
Sexual offences against children (POCSO)
Penetrative sexual assault
Aggravated penetrative sexual assault
Sexual assault
Aggravated sexual assault
Sexual Harassment
Using child for pornographic purposes
Storage of pornographic material involving child
4
6
8
10
12
14
15
POCSO Act #
Clause
CREATING SAFE SPACES
enfoldindia.org
Sexual offences against children (POCSO)
Abetment (1) Instigates (2) Conspires for doing of that offence (3) intentionally aids by act or illegal omission
Attempt to commit offence, cause such an offence to be committed, does any act towards commission of the offence
POCSO Act #
Clause
17
18
CREATING SAFE SPACES
enfoldindia.org
Sexual offences against children (JJ act)
No report in any newspaper, magazine, news-sheet or visual media of any inquiry regarding child in conflict with law or child in need of care and protection
Giving intoxicating liquor or narcotic drug or tobacco products or psychotropic substance, except on the order of a duly qualified medical practitioner
Whoever commits any offences referred to in this act on any child who is disable as so certified by a medical practitioner, then, such person
JJ Act #
Clause
74
77
85
CREATING SAFE SPACES
enfoldindia.org
Slide 4
This PowerPoint is part of a project to prevent gender based violence. This project is supported by Ford Foundation.
CREATING SAFE SPACES
enfoldindia.org
Slide 9
Thank You!
ENFOLD PROACTIVE HEALTH TRUST
+91 802552 0489 | +91 99000 94251 | enfoldindia.org
SURAKSHITH APP
Information, stories on personal safety for children.
BAL SURAKSHA APP
Information on answering children’s questions, managing child sexual abuse.
STRI SURAKSHA APP
On crimes against women, laws, interventions and healing techniques.
All Apps in 10 languages, free on android Developed with UNICEF and MeitY (CDAC Hyderabad)
CREATING SAFE SPACES