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Child sexual abuse laws in India have been enacted as part of the child protection policies of India. The rules formulated by the government in accordance with the law have also been notified on the November and the law has become ready for implementation.
India has one of the largest population of children in the world - Census data from shows that India has a population of million children below the age of eighteen  .
Important Disclosures. Please Read Carefully.
Protection of children by the state is guaranteed to Indian citizens by an expansive reading of Article 21  of the Indian constitution, and also mandated given India's status as signatory to the UN Convention on the Rights of the Child.
Goa Children's Act, ,  was the only specific piece of child abuse legislation before the Act. Child sexual abuse was prosecuted under the following sections of Indian Penal Code :.
The Protection of Children from Sexual Offences POCSO Act, 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.
The 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:.
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The 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.
It also provides for various procedural reforms,     making the tiring process of trial in India considerably easier for children.
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The Act has been criticised as its provisions seem to criminalise consensual sexual intercourse between two people below the age of The version of the Bill did not punish consensual sexual activity if one or both partners were above 16 years. A sexually abused child is considered as "child in need of care and protection" under Juvenile Justice Care and Protection of Children Act, This support person will also liaise with the police, and keep the child and child's family informed about progress in the case.
The Act defines a child as a person under the age of 18 years. However, this definition is a purely biological one, and doesn't take into account people who live with intellectual and psycho-social disability.
Child sexual abuse laws in India
A recent case in SC has been filed where a women of biological age 38yrs but mental age 6yrs was raped. The victim's advocate argues that "failure to consider the mental age will be an attack on the very purpose of act. The POCSO Act was passed to strengthen legal provisions for the protection of children below 18 years of age from sexual abuse and exploitation. Under this Act, if any girl under 18 is seeking abortion the service provider is compelled to register a complaint of sexual assault with the police.
However, under the MTP Act, it is not mandatory to report the identity of the person seeking an abortion. Consequently, service providers are hesitant to provide abortion services to girls under According to the Act, every crime of child sexual abuse should be reported.
If a person who has information of any abuse fails to report, they may face imprisonment up to six months or may be fined or both. There may be many survivors who do not want to go through the trauma of criminal justice system, but this provision does not differentiate.
Furthermore, mandatory reporting may also hinder access to medical aid, and psycho-social intervention.
It contradicts the right to confidentiality for access to medical, and psychological care. Section 40 of the Act allows victims to access legal aid.
However, that is subject to Code of Criminal Procedure. In other words, the lawyer representing a child can only assist the Public Prosecutor, and file written final arguments if the judge permits. Thus, the interest of the victim often go unrepresented.
The law presumes all sexual act with children under the age of 18 is sexual offence. Therefore, two adolescent who engage in consensual sexual act will also be punished under this law. This is especially a concern where adolescent is in relationship with someone from different caste, or religion.
Parents have filed cases under this Act to 'punish' relationships they do not approve of.
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From Wikipedia, the free encyclopedia. Civil courts. Criminal courts. Supreme Court of India Chief Justice of India Judges of the supreme court High courts of India Chief justices of high courts Judges of high courts Sessions courts Courts of judicial magistrate of first class Courts of judicial magistrate of second class.
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Courts of executive magistrates. Courts of divisional commissioners Courts of district magistrates Courts of sub-divisional magistrates. Legal profession.
Legal education. Asha Bajpai. DNA India. Retrieved 14 May The Indian Express. Retrieved 28 September India Today.
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Retrieved 13 December The Hindu. Retrieved 9 September The Times of India. Retrieved 6 June Retrieved 20 August Law Human rights Education.
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Law of India. Criminal courts Supreme Court of India Chief Justice of India Judges of the supreme court High courts of India Chief justices of high courts Judges of high courts Sessions courts Courts of judicial magistrate of first class Courts of judicial magistrate of second class. Courts of executive magistrates Courts of divisional commissioners Courts of district magistrates Courts of sub-divisional magistrates.