Question Discussion & Solution

The correct answer is Punishment is imprisonment for Natural life and shall also be liable to fine.

• Under Section 370,
  • When a public servant or a police officer is involved in the trafficking of any person then, such public servant or a police officer shall be punished with imprisonment for the life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine.

Key Points

• Section 370 -
  • ​Trafficking means - whoever, for the purpose of exploitation, a. recruits b. transports c.harbours, d.transfers, or e. receives, a person or persons, by-
    • ​using threats,
    • using force, or any other form of coercion,
    • by abduction,
    • by practising fraud, or deception,
    • by abuse of power,
    • by inducement, including the giving or receiving of payments or benefits, in order to achieve the consent of any person having control over the person recruited, harboured, transported, transferred, or received, commits the offence of trafficking. 
• The expression "exploitation" shall include any act of physical exploitation or any form of sexual exploitation or practices similar to slavery, servitude, or the forced removal of organs.
• The consent of the victim is immaterial in the determination of the offence of trafficking.

Additional Information

• Trafficking of person: 7 to 10 years + Fine.
• Trafficking of more than one person: 10 years to Life + Fine.
• Trafficking of minor: 10 years to Life + Fine.
• Trafficking of more than one minor: 14 years to Life + Fine.
• A person convicted of the offence of trafficking of minor on more than one occasion: Imprisonment for Natural Life + Fine.
• A public servant or a police officer involved in trafficking of minor: Imprisonment for Natural Life + Fine.

The correct answer is Juvenile Justice (Care and Protection of Children) Act, 2015.

• Juvenile Justice (Care and Protection of Children) Act, 2015:
  • An Act to consolidate and amend the law relating to children alleged and found to be in conflict with law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, social re-integration, by adopting a child-friendly approach in the adjudication and disposal of matters in the best interest of children and for their rehabilitation through processes provided, and institutions and bodies established, hereinunder and for matters connected therewith or incidental thereto.

Key Points

• The act is in force from 15^th January 2016.
• The main aim of the act is to consolidate and amend the law relating to children alleged and found to be in conflict with law and children in need of care and protection.
• Ministry of women and child development is the nodal authority for the implementation of this act.

Additional Information

• The Juvenile Justice (Care and Protection of Children) Act was enacted for the first time in 1986 and got enforced nationwide in the year 2000.
• This act was also amended in 2006 and 2011.
• But the act underwent major changes in 2015 and thus it was renamed as The Juvenile Justice (Care and Protection of Children) Act, 2015.

The correct answer is 1993.

• Rashtriya Mahila Kosh (RMK) was established by the Government of India in March, 1993 as an autonomous body under the Ministry of Women & Child Development.
  • It was registered under the Societies Registration Act 1860.

Additional Information

• Rashtriya Mahila Kosh (RMK) is a  national  level  organization  as an  autonomous  body  under the  aegis of  the  Ministry of  Women and Child Development, for socio-economic empowerment  of  women. 
• The  operating  model  currently followed by  RMK is that  of a  facilitating agency  wherein  RMK  provides loans to  NGO-MFIs termed as Intermediary Organizations (IMO) which on-lend to Self Help Groups (SHGs)  of women. 
• RMK extends micro-credit to the women in the informal sector through a client-friendly, without collateral and in a hassle-free manner for income generation activities.
• RMK has taken a number of promotional measures to popularize the concept of micro-financing, enterprise development, thrift and credit, formation and strengthening of  Women-SHGs through intermediary organizations.

A 2007 survey by the Ministry of Women and Child Development showed that 53% of children in India had been sexually abused. 

Important Points The Protection of Children against Sexual Offences Act (POCSO) was passed by both houses of Parliament on May 22, 2012.  

• It came into effect on Children’s Day, November 14, 2012.
• Salient Feature of POCSO- 
  • It is gender-neutral.
  • It makes the reporting of abuse mandatory.
  • It makes the recording of sexual abuse mandatory.
  • It lists all known types of sexual offences towards minors.
  • It provides for the protection of minors during the judicial process.

From the above, it is clear that the Protection of Children against Sexual Offences Act (POCSO) came into effect on Children’s Day, November 14, 2012.

The correct answer is Gang rape of a girl below 16 years of age.

Key Points 

• 376 DA: PUNISHMENT FOR GANG RAPE ON WOMAN UNDER SIXTEEN YEARS OF AGE
  • Where a woman under sixteen years of age is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offense of rape and shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and with fine:
  • Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim:
  • Provided further that any fine imposed under this section shall be paid to the victim.

Additional Information 

• 376DB: Punishment for gang rape on women under twelve years of age.
  • Where a woman under twelve years of age is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offense of rape and shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and with fine, or with death.
  • Such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim: 
    • Any fine imposed under this section shall be paid to the victim.