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SAINATH DEVALLA (LEGAL CONSULTANT)     27 April 2012

Child abuse

SAINATH DEVALLA

Cabinet approval for bill on child s*xual abuse

The bill provides for graded punishment with the most stringent terms for persons in uniform, in a position of trust or authority, or when the victim is assaulted during sectarian or communal violence.

 

Quantum of punishment will be more severe for s*x abuse cases where the minor's age is less than 12 years. This under the proposed Protection of Children Against Sexual Offences Bill, 2011.

The cabinet on Thursday gave its assent to the bill and it is likely to be placed in the current session of Parliament.

The bill tackles the issue of s*xual assault, harassment and molestation. According to the bill whoever commits s*xual assault can be punished with imprisonment of three years extendable up to five years and a fine.

It also provides for graded punishment with the most stringent terms for persons in uniform, in a position of trust or authority, or when the victim is assaulted during sectarian or communal violence.

While aggravated s*xual assault as in the case of a minor below 12 years will be liable for a prison term between five and seven years. Punishment for penetrative s*xual assault has been proposed to be 10 years, which could be extended to life imprisonment and a fine.

Using a minor for p*rnography could make an individual liable for rigorous imprisonment for five years extendable to seven years, and a fine.

The proposed legislation hopes to bring greater sensitivity in handling of child abuse cases through in-camera trial and special courts.

The bill has been in the works for over a year now.

 



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