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Mahesh

10/07/22 04:47 AM IST

POCSO applicable to minor Muslim girl who has attained age of puberty: Delhi HC

In News 
  • Delhi High Court has said that the POCSO Act ensures that children are not sexually abused and exploited and rejected the assertion that a minor Muslim girl who has attained the age of puberty would fall out of its ambit.
  • High Court Justice made this observation while rejecting the plea of a man, who is facing charges of rape along with provisions of the POCSO Act for allegedly having a “physical relationship” with a minor girl after their engagement.
  • The judge however rejected his plea observing that, “POCSO is an Act for the protection of children below 18 years of age from sexual abuse and exploitation.
Features of POSCO Act 
  • POCSO is an Act for the protection of children below 18 years of age from sexual abuse and exploitation. 
  • AIM- to protect children below the age of 18 years from sexual abuse.
  • Different forms of sexual abuse including but not limited to sexual harassment, pornography, penetrative & non-penetrative assault are defined in the Act.
  • Sexual assault is deemed to be “aggravated” under certain circumstances such as when the child is mentally ill. Also when the abuse is committed by the person in a position of trust such as a doctor, teacher, policeman, family member.
  • Adequate provisions are made to avoid re-victimization of the Child at the hands of the judicial system. The Act assigns a policeman in the role of child protector during the investigation process.
  • The Act stipulates that such steps must be taken which makes the investigation process as child-friendly as possible and the case is disposed of within one year from the date of reporting of the offence.
  • The Act provides for the establishment of Special Courts for the trial of such offences and matters related to it.
Source- The Hindu 

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