4. Do Children Need Rights?
• Special rights for children
• UNCRC follows the Human Rights-Based
Approach
Major rights under UNCRC:
1. The right to a childhood (including protection
from harm – safe environment)
2. The right to be healthy (including having clean
water, nutritious food and medical care)
3. The right to be treated fairly (including changing
laws and practices that are unfair on children)
5. 1989
UN adopts
Convention on
the Rights of
the Child
1992
India signs &
ratifies UNCRC
2012
Protection of
Children from
Sexual
Offences Act
(POCSO)
passed
6. Constitutional Rights
• Right to equality (Article 14)
• Right against discrimination (Article 15)
• Right to personal liberty and due process of law (Article 21)
• Right to being protected from being trafficked and forced
into bonded labour (Article 23)
• Right of minorities for protection of their interests (Article 29)
• Right of weaker sections of the people to be protected from
social injustice and all forms of exploitation (Article 46)
7. What is Child Sexual Abuse?
• Child Sexual Abuse & Sexual Exploitation
Protection of Children from Sexual Offences
Act, 2012
1. Penetrative Sexual Assault (Sec. 3)
2. Aggravated Penetrative Sexual Assault (Sec. 5)
3. Sexual Assault (Sec. 7)
4. Aggravated Sexual Assault (Sec. 9)
5. Sexual Harassment (Sec. 11)
6. Using child for Pornographic Purposes (Sec. 13)
8. Child is defined as...
...Any person who has not
completed eighteen years of age
- Juvenile Justice (Care and Protection of
Children) Act, 2015 (Section 2 (12))
9. POCSO Act,
2012
• Gender-neutral for child & accused
• Abetment of CSA is an offence
• Attempt to commit the offence (intent), even when
unsuccessful is an offence
• Medical exam & police investigation must be child-
friendly
• Burden of proof is on the accused
• Media cannot disclose identity of child
• Cases should have speedy trial - Special Court must
complete within a year
• Duty of Child Welfare Committees
• Duty of State Commissions for Protection of Child
Rights to spread awareness & monitor
implementation
• Punishment for false complaints or information with
malicious intents in place
10. The POCSO Act would still apply where the offence is
committed by a child, the only difference is that the
procedure would be as per the Juvenile Justice (Care
and Protection of Children) Act, 2015.
11. Reporting an offence…
S.19-Reporting of offences- (i) Anyone including child
may report an apprehension of offence to
(a) Special juvenile police unit
(b) Local police
(ii) Must be given an entry number and recorded in writing.
Read over to the informant, if child, in such language
which he understands. Entered in a book maintained
by the unit.
(iii) Child, if in need of care & protection be forward to
shelter home within 24 hours of report after recording
reasons.
12. …Reporting an offence
(iv) Report the matter within 24 hours to child welfare and
special court or Court of sessions.
(v) No civil or criminal liability to a person for giving
information in good faith. However, information given with
intention to harm reputation of any person or victimises a
child is punishable under Section 22.
S.23- Procedure for media-(1)
No reporting in media relating to information which may
affect reputation of child or disclose his identity.
* Punishment is imprisonment for 1 year or fine or both.
13. Recording Statement of Child
1. Recording at residence by police who is not in
uniform.
2. Accused must not come in contact with child during
recording.
3. In presence of parents or person of trust &
confidence
4. Child not be kept in police station at night.
5. Police shall ensure protection of identity of child from
media.
6. Magistrate shall record statement under S.164 Crpc
in the actual words of the child, as far as practicable
7. Translators and special educators.
8. Audio-visual recording to be made, wherever
15. Trial by Special Court
1. Court of sessions of the district - to be
notified as special court. Special Court shall
have powers of a court of session
2. Would take cognizance directly upon a
complaint or police report.
3. Questions to the child to be put through
court. Not required to repeatedly testify in
court. No aggressive questions or character
assassination of child.
4. Frequent breaks to be given
5. Child friendly atmosphere to be ensured- by
presence of parents or person of trust.
16. 1.Identity of child not to be disclosed.
2.Child not to be exposed to accused
while deposing. Videoconferencing,
single visibility mirrors or curtains may
be used.
3.Trial shall be in camera.
4.Legal assistance to child through Legal
Services Authority.
5.Juvenility of child to be determined by
the court.
17.
18.
19. References
1. USER HANDBOOK ON PROTECTION OF CHILDREN FROM
SEXUAL OFFENCES ACT, 2012 published by National
Commission for Protection of Child Rights (NCPCR)
2. Training Manual on Protection of Children from Sexual
Offences (POCSO) Act & Rules, 2012 for Medical/Health
Professionals published by National Institute of Public
Cooperation and Child Development, New Delhi
3. Rajya Sabha members support amendments to POCSO Act -
Business Standard, July 24, 2019
4. Child Welfare Police Officer and Special Juvenile Police Unit -
India Code, Digital Repository of all Central and State Acts
