Source: The Hindu

Introduction

A 9-year-old met an untimely and gruesome fate in the coastal city of Puducherry. Her disappearance sparked a city-wide search, only to end in tragedy when her lifeless body was discovered. The case not only shook the community to its core but also raised questions about the safety of children and the effectiveness of law enforcement. The case deals with several provisions of the Protection of Children from Sexual Offences Act, 2012 (POCSO).

What is the Background of the Matter?

• The girl child's disappearance and subsequent murder shed light on the alarming rate of crimes against children in Puducherry.
• Two men who were known to victim took responsibility of kidnapping, rape and murder.
• They were apprehended by the police under Section 6(1) of the POCSO ACT, along with the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
• Additionally, they were charged under various sections of the Indian Penal Code, 1860 (IPC) including Section 363 (pertaining to kidnapping), Section 342 (related to wrongful confinement), and Section 302 (involving punishment for murder).
• Despite legal provisions such as the POCSO Act, crimes against minors persist, with 92 cases registered under POCSO alone in the previous year.
• The initial response from law enforcement was criticized for its perceived lethargy, leading to public outrage and demands for justice.

What is Section 6 of POCSO Act Involved in the Case?

• About:
  • The POCSO Act, enacted to protect children from sexual offences, mandates stringent penalties for perpetrators.
  • It encompasses provisions for defining various forms of sexual abuse and exploitation against minors.
• Section 6 of the POCSO Act:
  • Whoever commits aggravated penetrative sexual assault shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of natural life of that person and shall also be liable to fine, or with death.
  • The fine imposed under sub-section (1) shall be just and reasonable and paid to the victim to meet the medical expenses and rehabilitation of such victim.

What can be a Potential Solution to Offences Against Children?

• Enhanced community vigilance, alongside a proactive law enforcement approach, is crucial to prevent such heinous crimes.
• Strengthening the 'beat system' and fostering better police-community relations can improve surveillance and responsiveness.
• Public awareness campaigns, particularly targeting children and parents, are essential to educate about recognizing and reporting signs of abuse.

Conclusion

The girl's child's tragic demise serves as a stark reminder of the collective responsibility to safeguard the innocence and well-being of our children. While legal frameworks like the POCSO Act provide a foundation for justice, their effectiveness relies on enforcement and community involvement. By fostering a culture of vigilance, awareness, and swift action, society can strive to prevent such heartbreaking incidents and ensure that every child can grow and thrive in a safe environment.