Question: Consider the following statements regarding The Protection of Children from Sexual Offences (Amendment) Bill, 2019:
(1) The Bill defines child pornography so that sexual predators indulging in such heinous crimes could be punished.
(2) Life imprisonment will be given to the person who uses child for pornographic purposes resulting in aggravated penetrative sexual assault.
From the above correct statement/s is/are:
(a) Only(1)
(b) Only (2)
(c) Both(1) and (2)
(d) None of the above
Answer: (a)
Related facts:
- Lok Sabha passed The Protection of Children from Sexual Offences (Amendment) Bill, 2019 on 1st of August, 2019.
- The bill seeks to enhance punishment, including a provision for death penalty, for committing sexual crimes against children.
- This bill was introduced by the Women and Child Development Minister Smriti Irani.
- Earlier The Protection of Children from Sexual Offences (Amendment) Bill, 2019 was introduced in Lok Sabha by the Minister of State for Women and Child Development, Mr. Virendra Kumar on January 8, 2019.
Salient Features of Amendment Bill
- The Bill defines child pornography so that sexual predators indulging in such heinous crimes could be punished.
- The Bill would provide legal protection to 39 per cent of population or 43 crore children, irrespective of whether they are a girl or boy.
- Under witness protection scheme, all measures such as doing threat assessment of the victim and witness and if required even changing their identity and others, were taken to ensure their safety.
- If juvenile is involved in the sexual offence against the children, the cases come under juvenile justice act and the death penalty could be given only if he is above 16 years of age and juvenile justice board finds that he has an adult mind.
- The government has sanctioned 1023 fast track courts, which would specially deal with POCSO related cases.
- The Protection of Children from Sexual Offences (Amendment) Bill, 2019 was introduced in Lok Sabha by the Minister of State for Women and Child Development, Mr. Virendra Kumar on January 8, 2019.
Difference of Amendment bill, 2019 to the POSCO act, 2012
| Offences | POSCO bill, 2019 | POSCO act 2012 |
| Usage of child for pornographic Purpose | Minimum: 5 years | Maximum: 5 years |
| Usage of child for pornographic purposes resulting in penetrative sexual assault | Minimum: 10 years (in case of child below 16 years: 20 years) Maximum: life imprisonment | Minimum: 10 years Maximum: life imprisonment |
| Usage of child for pornographic purposes resulting in aggravated penetrative sexual assault | Minimum: 20 years Maximum: life imprisonment, or death | Life imprisonment |
| Usage of child for pornographic purposes resulting in sexual assault | Minimum: Three years Maximum: Five years | Minimum: Six years Maximum: Eight years |
| Usage of child for pornographic purposes resulting in aggravated sexual assault | Minimum: Five years Maximum: Seven years | Minimum: Eight years Maximum: 10 years |
Links:
https://www.indiatoday.in/india/story/parliament-approves-bill-providing-death-penalty-for-sexual-assault-against-children-1576220-2019-08-01
https://www.indiatoday.in/india/story/rajya-sabha-passes-pocso-protection-of-children-from-sexual-offences-amendment-bill-1573122-2019-07-24
https://wcd.nic.in/sites/default/files/protectionbill_0.pdf
https://indiacode.nic.in/handle/123456789/2079?view_type=browse&sam_handle=123456789/1362
http://www.newsonair.com/Main-News-Details.aspx?id=369036
https://www.thehindu.com/news/national/rajya-sabha-passes-pocso-amendment-bill-2019/article28700223.ece
http://pib.nic.in/newsite/PrintRelease.aspx?relid=113750
http://vikaspedia.in/education/policies-and-schemes/protection-of-children-from-sexual-offences-act