Delhi: March 23: The parliamentary committee has
recommended to the Union government that the juvenile misconduct age be reduced
from 18 to 16, and all accused above 16 must be tried as adults for cases
registered under the Protection of Children from Sexual Offences (POCSO) Act.
The parliamentary standing committee, headed by Congress MP Anand Sharma, has recommended to the Centre that the juvenile delinquency age be reduced from 18 to 16, and all accused above 16 be tried as adults for trials under the POCSO Act. Congress Member of Parliament (MP), Anand Sharma, presented his report to Rajya Sabha on March 15, with a strong pitch for a review of the threshold age for trials under the POCSO Act.
The panel also pointed out that the consistent rise in the cases registered under the POCSO Act between 2017 and 2019. The number of POCSO cases in 2017 was 31,668, which increased to 38,802 in 2018. There were 46,005 cases that were registered in 2019. The POCSO Bill proposes to protect the interest of vulnerable children in times of distress and ensure their safety and dignity.
The Bill has been approved by Parliament — the Rajya Sabha on July 29, 2019, and the Lok Sabha passed it on August 1, 2019. The Bill seeks to amend the Protection of Children from Sexual Offences (POCSO) Act, 2012, which is a comprehensive law to protect the children from offenses of sexual assault, harassment, and pornography, while safeguarding the interests of the child at every stage of the judicial process by incorporating child-friendly mechanisms for reporting, recording of evidence, investigation and speedy trial of offenses through designated special courts.
The POCSO Amendment Bill provides for stringent punishments for other crimes against all those below 18 years of age. The POCSO Bill also aims at making offenses against children ‘gender neutral’.
The committee also expressed concerns that minor sexual offenders may commit more serious and heinous crimes if the issue was left unaddressed. If we look at the conclusion of the parliamentary committee, it has recommended a change in the definition of “child” under the POCSO Act by reducing the cut-off age from 18 to 16.
By doing so, irrespective of the nature or severity of the offense, anyone above 16 will have to be tried like an adult, if accused under the POCSO Act. However, this will require parliamentary approval and necessary changes in the POCSO Act as well as the Juvenile Justice Act.