"Safety and security don't just happen, they are the result of collective consensus and public investment. We owe our children, the most vulnerable citizens in our society, a life free of violence and fear." - - Nelson Mandela
Child Sexual Abuse (CSA) is a comprehensive term that pertains to the exploitation of a child for sexual purposes by an adult or older adolescent. This form of abuse can manifest in various settings, including homes, schools, and public places, and may involve either physical contact or non-contact activities. CSA is a pervasive and deeply troubling societal issue, primarily due to its alarmingly high incidence rate and the profound trauma it inflicts upon the child.
Child Sexual Abuse (CSA) is a comprehensive term that pertains to the exploitation of a child for sexual purposes by an adult or older adolescent. This form of abuse can manifest in various settings, including homes, schools, and public places, and may involve either physical contact or non-contact activities. CSA is a pervasive and deeply troubling societal issue, primarily due to its alarmingly high incidence rate and the profound trauma it inflicts upon the child.
The Protection of Children Against Sexual Offences (POCSO) Act, 2012, introduced several notable provisions aimed at safeguarding children:
Special Measures for Children: The act is based on Article 15(3) of the Indian Constitution, empowering the government to take specific measures for the protection of children (NCPCR, 2017).
Age Inclusivity: It defines anyone under the age of 18 as a "child." Unlike the Indian Penal Code (IPC), the POCSO Act is gender-neutral, acknowledging that boys can also be victims of sexual violence.
Reversal of Burden of Proof: The act introduces a "guilty until proven innocent" principle (Section 29) in contrast to the general "innocent until proven guilty" principle.
Expansive Definition of Penetrative Sex: It broadens the definition of penetrative sex to include not only penile penetration but also oral sex and the insertion of any object into the anus, mouth, or genitals (Section 3).
Protection for Previously Unrecognized Offenses: The POCSO Act, coupled with the 2013 Amendment, addresses gaps in recognizing certain offenses. For example, it ensures that acts such as digital penetration are now considered offenses, thus enhancing the protection of children (Patil, 2021).
Penalties for False Complaints: To prevent misuse of the law, the act specifies penalties for false complaints or information provided with hostile intent.
Mandatory Reporting: The law mandates the reporting and recording of all cases of Child Sexual Abuse (CSA). In any CSA incident, the police officer must file a First Information Report (FIR) (Section 21, 22).
Sexual harassment laws in India are primarily governed by the "Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013," commonly known as the POSH Act. Here is an overview of key aspects of sexual harassment laws pertaining to women in India:
The POSH Act defines sexual harassment as any unwelcome act or behavior such as physical contact, making sexually colored remarks, or any other conduct of a sexual nature that creates a hostile or intimidating environment.
Applicability: The Act applies to all workplaces, including government and private organizations, non-governmental organizations, and even the unorganized sector.
Internal Complaints Committee (ICC): Employers are required to establish an Internal Complaints Committee in organizations with 10 or more employees to address complaints of sexual harassment. In cases where the organization has fewer than 10 employees or is not compliant with the Act, the complaint is to be forwarded to a Local Complaints Committee (LCC) at the district level.
Complaint Procedure: The Act lays out a procedure for filing and addressing complaints, ensuring confidentiality, and conducting inquiries within a specified timeframe.
Protection Against Retaliation: The Act prohibits any adverse action or retaliation against the complainant or witnesses who report incidents of sexual harassment.
Redressal: The Act allows for penalties and disciplinary action against perpetrators and mandates appropriate remedies and action against those found guilty of sexual harassment.
Training and Awareness: Employers are required to organize awareness programs and workshops to educate employees about their rights and the prevention of sexual harassment.
Public Transport: Separate provisions within the Indian Penal Code (IPC) and other laws address sexual harassment of women in public spaces and public transport.
Criminal Offenses: Apart from workplace harassment, various sections of the IPC address offenses related to sexual harassment, including stalking, voyeurism, and other acts of violence against women.
Dowry Laws: Laws related to dowry and dowry harassment (Dowry Prohibition Act) are in place to protect women from financial and physical exploitation in the context of marriage.
It's important to note that the POSH Act and other related laws are designed to protect women from sexual harassment in various settings and promote a safe and inclusive working environment.
Call Now : +91-9990551467 and make an appointment with one of our legal experts.
