Page 2 - Pocso

Crimes against children: SC says justice is giving care, support to victims

True justice in cases of crimes against children is achieved not merely by nabbing the culprit or the severity of punishment meted out but by the support and security provided to the victim, the Supreme Court has said. A bench of Justices S Ravindra Bhat and Aravind Kumar made the observation while issuing a slew of directions relating to the appointment of support persons under the POCSO Act. A "support person" means a person assigned by the Child Welfare Committee to render assistance to the child through the process of investigation and trial. "In crimes against children, it is not only the initiating horror or trauma that is deeply scarring; that is aggravated by the lack of support and handholding in the days that follow. "In such crimes, true justice is achieved not merely by nabbing the culprit and bringing him to justice, or the severity of punishment meted out, but the support, care, and security to the victim (or vulnerable witness), as provided by the state and all its .

758 fast track with 412 exclusive POCSO courts across 29 states: Govt data

Rs 71 crore has been rolled out in victim compensation in last 3 years, according to data reported by the Ministry of Women and Child Development

Pocso Act is gender-neutral legislation: Delhi HC rejects 'bias' assertion

The Delhi High Court has said that the POCSO Act is a gender-neutral legislation while rejecting an assertion that the law is being "misused" as it is a "gender based" enactment. Justice Swarana Kanta Sharma took exception to the submission made by an accused under the Protection of Children from Sexual Offences (POCSO) Act seeking to cross-examine the victim again before the trial court, and termed it "insensitive", "inappropriate" and "misleading". The judge said the legislature cannot stop enacting laws nor judiciary can stop applying them only because they can be "misused" as they are enacted to curb offences and get justice to genuine victims. "The contentions of learned counsel for the petitioner in the pleadings as well as during oral arguments that the POCSO Act is a gender based legislation and therefore is being misused is not only inappropriate but misleading too. To say the least, POCSO Act is not gender based and is neutral as far as victim children are concerned," sai

Under a third of sexual harassment cases end up in conviction, shows data

POCSO cases also show few convictions, high pendency

The naked truth: What do Indian laws say about nudity and obscenity?

The law hasn't clearly explained what can or cannot be regarded as obscene; none of its provisions establish a link between nudity and obscenity

Stand by sexual harassment charges on Brij Bhushan: Minor wrestler's father

The father of a 17-year-old wrestler, who levelled sexual harassment charges against WFI chief Brij Bhushan Sharan Singh, on late Sunday asserted that he has not withdrawn the charges

Does POCSO, immediate arrest not apply to Brij Bhushan: Sibal flays govt

Rajya Sabha MP Kapil Sibal on Wednesday slammed the government over the issue of allegations of sexual harassment levelled by women wrestlers against WFI president Brij Bhushan Singh, and asked whether POCSO and immediate arrest apply to all accused other than Singh because he belongs to the BJP. The attack by Sibal, a senior advocate who represented the protesting wrestlers in the Supreme Court, came a day after the matter escalated as the wrestlers reached Haridwar on the banks of the Ganga, threatening to immerse their World and Olympic medals in the holy river but stopped short of doing so after being convinced by farmer leaders who sought five days to address their grievances. Olympic medallists Sakshi Malik, Bajrang Punia and Asian Games gold medallist Vinesh Phogat arrived at Har ki Pauri to protest the inaction against Wrestling Federation of India (WFI) chief Singh, who has allegedly sexually harassed several women grapplers. In a tweet, Sibal said, "Brij Bhushan Singh: Doe

Seers in Ayodhya seek amendment to POCSO Act on grounds of gross misuse

Seers in Ayodhya are now demanding an amendment to the Protection of Children from Sexual Offences (POCSO) Act on the grounds that it was being widely misused

POCSO Act being misused, we'll force govt to change law: Brij Bhushan

Wrestling Federation of India president and BJP MP Brij Bhushan Sharan Singh, who faces a case under the POCSO Act, on Thursday said the law is being "misused" and under the leadership of seers, "we will force the government to change" it. Singh was speaking to reporters at a meeting here regarding preparations for a rally of seers called by him in Ayodhya on June 5. He has claimed 11 lakh seers will take part in the rally. Top wrestlers of the country, including Vinesh Phogat and Olympic medallists Bajrang Punia and Sakshi Malik, have been staging a sit-in at Jantar Mantar in Delhi since April 23, demanding Singh's arrest for allegedly sexually harassing seven women grapplers, including a minor. The Delhi Police has filed two FIRs against the WFI president. While the first FIR relates to allegations by the minor wrestler and has been registered under the Protection of Children from Sexual Offences (POCSO) Act, the second is related to outraging modesty. Singh alleged the POCSO Act

Delhi High Court judge throws light on issues pertaining to POCSO Act

The judge added that cases where the accused is a relative or someone who has authority over the young survivor is another factor that requires attention

POCSO enacted not to punish minors in consensual relations, says HC

The Protection of Children from Sexual Offences (POCSO) Act was enacted not to punish minors in a consensual relationship and to brand them as criminals, the Bombay High Court has said while granting bail to a 23-year-old man who was booked on the charge of raping a minor. A single bench of Justice Anuja Prabhudessai in the order passed on April 26 noted that it was true that the victim in the case was a minor, but her statement prima facie indicates that the relationship was consensual. "It needs to be noted that the POCSO Act has been enacted to protect children from offences of sexual assault, sexual harassment, etc, and contains stringent penal provisions as to safeguard the interest and the well-being of the children," the HC said. "The object is certainly not to punish minors in romantic or consensual relationship and brand them as criminals," it added. The court was hearing a plea filed by one Imran Shaikh, who was booked by the Mumbai police for allegedly kidnapping and ...

17.64% of exclusive POCSO cases reported conviction: Centre tells Lok Sabha

Conviction was reported in nearly 18 per cent cases in which the accused were booked under the The Protection of Children from Sexual Offences Act, the government told Lok Sabha on Friday citing a third party evaluation. In a written reply in Lok Sabha, Law Minister Kiren Rijiju also said fast track special courts have disposed of more than 1, 37,000 cases up to December, 2022. "As per third party evaluation conducted by National Productivity Council, 17.64 per cent of exclusive POCSO cases reported conviction." Regular review meetings have been conducted by the Department of Justice to expedite the robust implementation of the scheme including establishment of remaining fast track special courts.

Assam to book men under POCSO Act for marrying girls aged less than 14

Sarma also said that police have been ordered to launch a state-wide crackdown against child marriage

Men marrying girls below 14 to be booked under POCSO Act: Assam CM

The Assam Cabinet on Monday decided to book men who marry girls below 14 years in the state under the Protection of Children from Sexual Offences (POCSO) Act, Chief Minister Himanta Biswa Sarma said. Assam has a high rate of maternal and infant mortality and the primary cause is child marriage. The state has an average of 31 per cent marriages in the prohibited age, Sarma said at a press conference following the Cabinet meeting. Men marrying girls in the age group of 14-18, will be tried under the Prohibition of Child Marriage Act, 2006 and necessary steps will be taken against them under this law, the chief minister said. The police have been directed to conduct a massive crackdown against child marriage across the state, he said. A Child Protection Officer will be appointed in every village and it will be the duty of the Gram Panchayat Secretary to file a complaint against any child marriage taking place in their area, Sarma said.

HC quashes POCSO FIR noting future of parties' children depends on outcome

The Delhi High Court has closed a 2012 POCSO case registered against a man while noting that the girl, whom he married and whose father had filed the complaint, has not stated anything against him and the "exceptional circumstances" of the couple parenting two children whose future depended on the outcome of the FIR. The court, which was dealing with a petition by the male to quash the FIR, recorded that the girl had claimed that she had voluntarily accompanied the petitioner and married him and was 19 years of age at the relevant time. The FIR, which resulted in charges against the petitioner for the alleged offence of kidnapping under IPC and aggravated penetrative sexual assault under POCSO, was registered after the father of the girl reported that she had gone missing in January 2012. The parties have been blessed with two children who are 07 years and 05 years respectively. The prosecutrix has not stated anything against the present accused/petitioner either before the police o

Average time taken to dispose of POCSO case is 509 days, says Smriti Irani

The average time taken to dispose of a Protection of Children from Sexual Offences (POCSO) case is 509 days, Women and Child Development Minister Smriti Irani said and sought suggestions from judges on what could be done infrastructurally to expedite solutions for children. The POCSO Act 2012 aims to protect children from offences of sexual assault, sexual harassment and pornography and provide for establishment of special courts for trial of such offences. Addressing the inaugural session of the National Stakeholders Consultation on Protection of Children from Sexual Offences on Saturday, Irani said for every conviction, there are three acquittals and 56 per cent of all the POCSO cases correspond to offenses of penetrative sexual assault. Aggravated penetrative assault accounts for 25.59 per cent of the cases. Which means that today we have a mechanism that still needs a robust intervention, she said. The minister said the average time that is taken to disposal of a POCSO case is

Supreme Court to hold two-day national programme on POCSO Act today

The Supreme Court Committee on Juvenile Justice is organising a two-day national programme on Protection of Children from Sexual Offences (POCSO) Act from Saturday. The national consultation on POCSO Act of 2012 is being organised in association with Unicef and its inaugural session would be attended by Chief Justice of India D Y Chandrachud, and the Minister for Women and Child Development, Smriti Zubin Irani, the Supreme Court said in a press statement. Besides the CJI and the Union minister, Justice S Ravindra Bhat, the Chairperson of the Supreme Court JJC, and other apex court judges and judges of high courts, and Cynthia McCaffery, a Unicef India representative, will also take part in the programme, the statement said. "Marking 10 years since POCSO came into force, the consultation will feature the participation of key stakeholders from the Government of India, law enforcement, senior members of the judiciary, state governments, and civil society," it said. It is the seventh s

Court fines police inspectors for arresting innocent person in POCSO case

The second Additional Fast-track Special Court (POCSO court) here has ordered two women police officers to pay a fine of Rs 5 lakh for arresting an innocent person and keeping him in judicial custody for one year in a POCSO (Prevention of Children from Sexual Offences) case. Judge K U Radhakrishna, in his order, directed sub-inspector P P Rosamma and inspector Revathi of the women police station in the city to pay the fine as compensation to Naveen Sequeira, who was acquitted by the court in the case. The judge ordered also the State Home Department secretary to take legal action against the erring women police officers. Sequeira was arrested on mistaken identity based on the statement of the victim in the case who mentioned the name of Naveen as her tormentor. The case was slapped on Sequeira by the sub-inspector and was handed over to the inspector Revathi for investigation. Subsequently, a chargesheet was filed against him. During the hearing and taking into cognizance the ...

If 1 party in Muslim marriage is minor, offence will be under POCSO Act: HC

In his ruling releated to a case, Justice Bechu Kurian Thomas said that in a marriage between Muslims, if a minor is there, it cannot be excluded under the Pocso Act.

POCSO not meant to criminalise consensual relationships, says Delhi HC

'There can be circumstances where the survior of a sexual offence, can be forced to reach a compromise. Hence each case must be looked into on the basis of the facts and circumstances'