Cabinet nod for child protection bill-Mar 4, 2011,

Cabinet nod for child protection bill

Himanshi Dhawan, TNN | Mar 4, 2011, 02.41am IST


NEW DELHI: Quantum of punishment will be more severe for sex abuse cases where the minor's age is less than 12 years under the proposed Protection of Children Against Sexual Offences Bill, 2011. The Union Cabinet gave its assent to the bill on Thursday, and it is likely to be placed in the current session of Parliament.

The proposed legislation tackles the issue of sexual assault, harassment and molestation and 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.

In the new bill whoever commits sexual assault can be punished with imprisonment of three years extendable up to five years and a fine. While aggravated sexual 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 sexual assault has been proposed to be 10 years, which could be extended to life imprisonment and a fine.

Using a minor for pornography 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.

Women and child development ( WCD) minister Krishna Tirath expressed concern over the rising number of child abuse cases. She said, "This legislation provides for stringent punishment against offenders and also defines several kinds of assault that had not been done so far." Tirath added that the ministry would try and table the Bill in this session of Parliament.

However, activists said the legislation should have also dealt with rehabilitation of abuse victims. Delhi child welfare committee chairperson Raj Mangal Prasad said psyco-social aspects of abuse had been ignored for a long time, and should have been dealt with in the proposed Act. He added, "The burden of proof now lies on the accused. This is unfair and the natural rule of justice should apply."

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