Madras HC Expresses Anguish Over Rising Cases Of Child Sexual Assault

WHAT DID THE COURT SAY

• The observations were given by Justice K Murali Shankar.
• It was noted that despite having strict laws and harsh punishments for the crime of sexually assaulting a child, the cases of the same were on the rise.
• The Madurai Bench of the Madras High Court has expressed anguish over the same and lamented that the rights of the girl child are always staked to peril.
• Such acts create a deep psychological impact on the victim.

WHAT WAS THE CASE

• In 2016, Mookan alias Murugan, from Pudukkottai district had sexually assaulted a minor girl when her parents had gone to a condolence meeting.
• When the case was filed, the Pudukkottai Mahila Court convicted the offender and sentenced him to 10 years of imprisonment.
• An appeal regarding the same was filed by Mookan which was dismissed by the Court.
• The judgement given by the Trial Court was upheld.

LEGAL BACKGROUND

• The Protection Of Children from Sexual Offences Act was introduced in 2012 to safeguard children from sexual assault, sexual harassment and child pornography.
• Articles 34 and 35 of the United Nations Convention on Rights of the Child requires the states to protect children from all forms of sexual abuse.
• Section 375 of the Indian Penal Code has provisions for statutory rape, that is, a man committing sexual intercourse with a girl under the age of 18 years.

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