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

The correct answer is Rajasthan.

• Policy framed to focus on the prevention of sex determination and female foeticides.
• The state is the first in the country to make this kind of move.

​ Important Points

•  Ensuring survival and providing an appropriate environment for the development of a girl child.
• The role and responsibilities of each stakeholder have been identified and defined.
• A task force has been constituted under the chairmanship of the chief secretary, Government of Rajasthan for the effective monitoring of the policy.
• The policy is being implemented in the state as per the directions of this task force.​

The correct answer is Cognizable and Non-bailable.

• ​The offence under The Child Marriage Restraint Act 1929 is Cognizable and Non-bailable.

• IPC Sections	Offence/Crime	Nature of offence and punishment
  Laws Protecting Women & Children -The Child Marriage Restraint Act 1929	"Child" means a person who, if a male, has not completed twenty-one years of age, and if a female, has not completed eighteen years of age ; "Child marriage" means a marriage in which either the bride or bridegroom is a child,	Offences under this Act are punishable with up to 3 years of imprisonment coupled with a Fine. All offences under this Act are cognizable, non-bailable and triable by a First Class Magistrate.

  
  Note:

• Non-Bailable offence - Getting bail is not the right of the accused. It is the discretion of the court to grant bail.
  • Cognizable offence - A police Officer may arrest the accused without a warrant.
  • Non-Compoundable offence - Parties associated with the case cannot settle the case out of court and decide not to prosecute

• POCSO Act, 2012 is a gender-neutral act and gives equitable protection to both girls and boys.
• The Act defines a child as any person below eighteen years of age.
• The Act incorporates child-friendly procedures for reporting, recording of evidence, investigation as well as the trial of such offences covered under the act.
• People who traffic children for sexual purposes are also punishable under the provisions relating to abetment in the Act.
• Medical Examination of Child needs to be conducted within 24 hours.
• 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.
• No child is to be detained in any police station in the night for any reason what so ever.
• Police officials are directed not to be in uniform while recording the statement of the child so victimized.