Union Minister of Women and Child Development Maneka Sanjay Gandhi has said that the government has enacted a special law "Protection of Children from Sexual Offences (POCSO) Act, 2012", which has come into effect from November 14, 2012 to prevent and deal with crimes against Children.
In a written reply to the Rajya Sabha, Gandhi further stated that as per Section 39 of the Act,state governments have to prepare guidelines for use of NGOs, professional and experts or persons to be associated with the pre-trial and trial stage to assist the child.
She further stated on request from several state governments, model guidelines were developed by her ministry and sent to all state governments/UT Administrations in September, 2013, which can be adopted or adapted by them for better implementation of the said Act.
She revealed that as per Report of National Commission for Protection of Child Rights (NCPCR), seven States/Union Territories have confirmed formulation/acceptance of guidelines for various stakeholders and remaining States/UTs have already initiated action for this purpose.
As regards children's residential care facilities, the minister said in a separate reply, that under the Juvenile Justice (Care and Protection of Children) Act, 2000 there is a provision for the registration of child care institutions, including children's homes, shelter homes etc. which have residential care facilities for children.
She revealed that there are 1389 child care institutions registered under this Act which are getting financial assistance under the Integrated Child Protection Scheme(ICPS).
She said that the government is aware that several residential care facilities have failed to comply and have not been penalized as the Juvenile Justice Act does not contain penalties for failure to register within the six month period that was provided in the Act.
The government has introduced a Juvenile Justice (Care and Protection of Children) Bill, 2014 in the Parliament which proposes mandatory registration of Child Care Institutions within six months from the date of commencement of Act with stringent penalties for non-compliance. The Bill proposes punishment with imprisonment which may extend to one year or a fine of not less then one lakh rupees or both.