Section 7 of the POCSO Act

• The Supreme Court quashed a Bombay High Court decision to acquit a man charged with assault under the Protection of Children from Sexual Offences Act (POCSO) solely on the grounds that he groped the child over her clothes without ‘skin-to-skin’ contact.
• “The act of touching a sexual part of the body with sexual intent will not be trivialised and not excluded under Section 7 of the POCSO Act,”

• Section 7 mandates that “whoever with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person, or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault”.

• The court said limiting the ambit of “touch” to a narrow and pedantic” definition would lead to an “absurd interpretation”.

• The Bench noted that the most important ingredient in Section 7 was the sexual intent of the offender and not skin-to-skin contact.

• The conclusion that “sexual intent” mentioned in the provision should be ex facie skin to skin would defeat the object of the provision. It would, rather than giving effect to the rule,destroy it. Justice Trivedi, speaking for the Bench, said when legislature had clarified its intent, the court should not introduce ambiguity.

• Protection of children by the state is guaranteed to Indian citizens by an expansive reading of Article 21[9] of the Indian constitution, and also mandated given India's status as signatory to the UN Convention on the Rights of the Child.

• India has one of the largest population of children in the world - Census data from 2011 shows that India has a population of 472 million children below the age of eighteen.

The Parliament of India passed the 'Protection of Children Against Sexual Offences Bill (POCSO), 2011' regarding child sexual abuse on 22 May 2012 into an Act.

• The rules formulated by the government in accordance with the law have also been notified on the November 2012 and the law has become ready for implementation.
• The Protection of Children from Sexual Offences Act, 2012 was enacted to provide a robust legal framework for the protection of children from offences of sexual assault, sexual harassment and pornography, while safeguarding the interest of the child at every stage of the judicial process.
• The framing of the Act seeks to put children first by making it easy to use by including mechanisms for child-friendly reporting, recording of evidence, investigation and speedy trial of offences through designated Special Courts.
• This new Act provides for a variety of offences under which an accused can be punished.
• It recognises forms of penetration other than penile-vaginal penetration and criminalises acts of immodesty against children too.

Offences under the act include:

1. Penetrative Sexual Assault: Insertion of penis/object/another body part in child's vagina/urethra/anus/mouth, or asking the child to do so with them or some other person
2. Sexual Assault: When a person touches the child, or makes the child touch them or someone else
3. Sexual Harassment: passing sexually coloured remark, sexual gesture/noise, repeatedly following, flashing, etc.
4. Child Pornography
5. Aggravated Penetrative Sexual Assault/ Aggravated Sexual Assault

• This act is gender-neutral for both children and for the accused.
• With respect to pornography, the Act criminalises even watching or collection of pornographic content involving children.
• This Act makes abetment of child sexual abuse an offence.

Child-friendly process

• It also provides for various procedural reforms, making the tiring process of trial in India considerably easier for children.
• The Act has been criticised as its provisions seem to criminalise consensual sexual intercourse between two people below the age of 18.
• The 2001 version of the Bill did not punish consensual sexual activity if one or both partners were above 16 years.

Child Welfare Committee

• A sexually abused child is considered as ""child in need of care and protection"" under Juvenile Justice (Care and Protection of Children) Act, 2015.
• Police officer should therefore inform the Child Welfare Committee about every case under the Act within 24 hours.
• CWC can appoint a support person for the child who will be responsible for psycho-social well-being of the child. This support person will also liaise with the police, and keep the child and child's family informed about progress in the case.
• Reporting can be done through toll free number 1098.