Protection of children from sexual offences (POSCO) Act
1.Context:
People from tribal districts of Kerala and Tamil Nadu have been arrested once they admit pregnant girls into hospitals for the delivery Under POSCO Act
Protection of children from sexual offences is landmark legislation which was enacted in 2012, it is to protect children from sexual offences
One provision in this law mandates hospitals to report jurisdictional police stations when girls below 18 admitted for delivery
Upon receipt of such reports polices are mandated to file a complaint (FIR) against the person who is responsible for the pregnancy
2.Key Points:
- Law fails to make room for consensual relationships or validated marriages in some communities
- Most tribal people do not keep their birth certificates, most people get married when they attain certain age and usually have children before they reach the legal age of marriage
- Tribal boys are being arrested in the hospitals when they admit pregnant wives for delivery
- Hindu laws are products of unification and codification of the customs of the majority people who follow Hinduism, but they are not inclusive or universal
- Tribal communities follow diverse practices, some of which are for survival and adoption, polyandry is practised by the gallons in Arunachal Pradesh, where brothers can't afford the high bride price to marry the same women
- Many tribal communities in the Nilgiris usually get girls married off early when they hit puberty
- Many tribal people don't aware of the existence of such a law or the correct age for the marriage
- Till date, 50 such cases have been filed against the tribal boys in Nilgiri district, youth are being in judicial custody often don't know the reasons for their arrest
- Tribal people have made substantial headway in education because of the targeted awareness campaigns, similar campaigns have to be done in the POSCO Act too
- Because of this rising issue in the Wayanad district of Kerala, the Kerala government made a short film to create an awareness
3.About POSCO Act:
- It was enacted to protect the children from sexual offences, harassment, and pornography for safeguarding the well-being of children
- Act defines a child as -"any person whose age is below 18 years age" and it's gender-neutral
- It defines different forms of sexual abuse, including penetrative or non-penetrative assault, as well as sexual harassment and pornography
- It deems sexual assault will be "aggravated" under certain circumstances, such as an abused child is mentally ill or when abuse is committed by a person in a position of trust or authority like a family member, police officer, teacher, or doctor
- This act assigns policemen as a child protector in the Investigation Process
- Under section 45, powers to make rules are vested with Central Government
- Section 42A of the Act provides any inconsistencies with provisions of any other law, POSCO will override such provisions
- Section 29 of the Act says when the person is prosecuted for committing an offence of sexual assault against a minor, the special court saying "shall presume" the accused guilty
