Supreme Court issues directions to High Courts on fast-tracking child sexual abuse case

•  The Supreme Court issued a slew of directions to all high courts of the country regarding trial in sexual assault cases involving children.
• Guidelines:
• All high courts must ensure that the cases of sexual assault of children are fast-tracked and decided by special courts.
• High courts should instruct the trial courts not to grant unnecessary adjournments during trial of cases under the Protection of Children from Sexual Offences (POCSO) Act.
• High courts may constitute a committee of three judges to regulate and monitor the trials of sexual assault cases of children.
• The State police chiefs should constitute special task forces to investigate cases.

About POCSO Act:

• The Protection of Children from Sexual Offences Act (POCSO Act) 2012 was formed to protect children from offenses of sexual abuse, sexual harassment and pornography and to provide a child-friendly system for the trial of these offences.
• According to the act, "child" means any person below the age of eighteen years
• The Act defines different forms of sexual abuse, including penetrative and non-penetrative assault, as well as sexual harassment and pornography, etc.
• It further states that a sexual assault is to be considered "aggravated" under certain specific circumstances, such as when the abused child is mentally ill or when the abuse is committed by a member of the armed forces or security forces or a public servant or a person in a position of trust or authority of the child, like a family member, police officer, teacher, or doctor or a person-management or staff of a hospital -- whether Government or private.
• It makes it the legal duty of a person who has knowledge that a child has been sexually abused to report the offence; if he/she fails to do so, he/she may be punished with six months' imprisonment and/or a fine.
• According to the act the evidence of the child should be recorded within a period of thirty days of the Special Court taking cognizance of the offence and the Special Court shall complete the trial, as far as possible, within a period of one year from the date of taking cognizance of the offence.
• It also provides that the Special Court shall try cases in camera and in the presence of the parents of the child or any other person in whom the child has trust or confidence.
• The POCSO act also provides provisions for punishment for false complaint or false information.
• The Act prescribes stringent punishment according to the gravity of the offence and prescribes rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and also fine as punishment for aggravated penetrative sexual assault.
• The Act also prescribes imprisonment of either description which may extend to three years or with fine or with both as punishment for storage of pornographic material involving a child.
• It also prescribes punishment to the people who traffic children for sexual purpose

By: Vishal