With the new rules under the Protection of Children from Sexual Offences Act 2012 likely to be notified this month, women and child development minister Krishna Tirath has written to the states to get prepared so that the Act can be implemented effectively.
In her letter writen to all state chief ministers (CMs), Ms Tirath has asked them to set up designated special courts, appoint special prosecutors and has urged them to start imparting special training to the police officials.
According to the act as passed by the Parliament, special courts are required to be designated in consultation with the Chief Justice of high court and by notification in the official gazette, a court of session to be a special court for each district to try the offences under the act.
The new rules also call for an appointment of special prosecutor having a minimum of seven years of experience as an advocate as Special Public prosecutor for each special court establised for the purpose of the act. The minister has also asked the states to prepare a scheme in co-ordination with the central government, for providing funds for the purpose of compensation as Section 33 (8) provides for the award of compensation by the special court for any physical or mental trauma caused to the child or for immediate rehabilitation of the child.
A spcial training for the police officials and the concerned personas have also been mandated. Special juvinile police units will also have to be constituted in all cities and districts, says the letter.
The minister has urged the states to take immediate “advance action for the effective implementation of the significant law by taking all necessary measures,” said Ms Tirath.
With an aim to strengthen the legal provisions for the protection of children from sexual abuse and exploitation, the Protection of Children from Sexual Offences Act, 2012 was passed in May this year.
With this, the government also raised the age under which consensual sex should be considered as rape from 16 years to 18 years. The Protection of Children from Sexual Offences Act, 2012 defines a child as any person below the age of 18 years and provides protection to all children under the age of 18 years from the offences of sexual assault, sexual harassment and pornography.
These offences have been clearly defined for the first time in law. The Act provides for stringent punishments, which have been graded as per the gravity of the offence. The punishments range from simple to rigorous imprisonment of varying periods. There is also provision for fine, which is to be decided by the court.