SECTION 6 AMENDED IN POCSO ACT 2012
POCSO ACT made stringent, DEATH for aggravated sexual assault. The Union Cabinet on Friday 28th December 2018, approved amendments to strengthen the PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012, included the death penalty for aggravated sexual assault on children, besides providing stringent punishments for other crimes against those below 18 years of age. Union Minister Sri. Ravi Shankar Prasad said, children should be protected from sexual offences and the cabinet has approved amendments to various sections of POCSO ACT, to achieve this. While addressing the media people in New Delhi after a Cabinet meeting he said, SECTIONS 4,5,6,9,14,15, and 42 of the POCSO ACT, 2012, are made to address child sexual abuse in an appropriate manner. He also said, “The modification is made to address the need for stringent measures required to deter the rising abuse in the country”.
An official statement said SECTIONS 4,5 and 6, of the Act are proposed to be amended to provide the option of stringent punishment, including the DEATH PENATY, for committing aggravated penetrative sexual assault on a child. These amendments are aimed at discouraging the trend of child sexual abuse by acting as a deterrent. The Act defines child as any person below the age of 18 years. It is a gender-neutral legislation.
The amendments are also proposed to the SECTION 9 of the Act to protect children from sexual offences in times of natural calamities and disasters and in cases where children are administered in any way, any hormone or any chemical substance, to attain early sexual maturity for the purpose of penetrative sexual assault. Sections 14 and 15, of the POCSO ACT, 2012, are also proposed to be amended to address the menace of the child pornography. It is proposed to levy fine for not destroying or deleting or reporting the pornographic material involving a child. The offender can be further penalized with jail term or fine or both for transmitting, propagating, administrating such material in any manner except, for the purpose of reporting as may be prescribed and for use as evidence in court. Penal provisions have been made more stringent for storing, possessing any pornographic material in any form involving a child for commercial purpose.
Right from the gruesome NITHARI KILLINGS, NIRBHAYA, HAASINI and the many like them, where the culprits have been given the death penalty verdict, which are still pending in the court of law for actionable.
AMENDMENTS MADE ARE VERY DETERRENT INDEEED TO THE POCSO ACT, BUT THE IMPLEMENTATION OF DEATH PENALTIES ALREADY GIVEN, TO STOP THIS MENACE, WHEN ARE THEY GOING TO BE EXECUTED??
VIAYASHREE RAMESH, CHENNAI BASED ADVOCATE.