Question Discussion & Solution

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 Article 14, 15, and 21.

• Sexual harassment results in a violation of the fundamental rights of a woman to equality under article 14 and 15 of the constitution of India and her right to life and to live with dignity under Article 21of the constitution and right to practise any profession or to carry on any occupation, trade, or business with includes a right to a safe environment free from sexual harassment.
• It extends to the whole of India.

 Additional Information

• Sexual Harassment:-
  • ​A man committing any of the facts -
    • ​Physical contact and advances involving unwelcome and explicit sexual overtures.
    • a demand or request for sexual favours.
    • showing pornography against the will of a woman.
    • making sexually coloured remarks shall be guilty of the offence of sexual harassment

• Assault or using force against a woman of any age with intent to outrage her modesty is an offence punishable under Section 354 of IPC,1860.
• This is a cognizable offence, meaning in such offences police can arrest the accused even without the warrant.
• Punishment for this offense is-:  Jail of minimum 1 year which may extend to 5 years along with 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 12.

Key Points 

• The Ordinance amends the IPC, 1860 to increase the minimum punishment for rape of women from seven years to ten years.
• Rape and gang rape of girls below the age of 12 years will carry minimum imprisonment of twenty years and is extendable to life imprisonment or death.
• Rape of girls below the age of 16 years is punishable with imprisonment of twenty years or life imprisonment.

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 offence 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.