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STATEMENT OF OBJECTS AND REASONS

Protection of Children from Sexual Offences Act, 2012 · source PDF pages 20

Source citation: STATEMENT OF OBJECTS AND REASONS, Protection of Children from Sexual Offences Act, 2012 (Act No. 32 of 2012), Source appendix, Central source snapshot, source PDF pp. 20; snapshot SHA256 5a173cc87d51624663dceb588d20a468ef49505be4fa131609d5867ac7dab021 (current applicability unverified)

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                            STATEMENT OF OBJECTS AND REASONS
   Article 15 of the Constitution, inter alia, confers upon the State powers to make special provision for
children. Further, article 39, inter alia, provides that the State shall in particular direct its policy towards
securing that the tender age of children are not abused and their childhood and youth are protected against
exploitation and they are given facilities to develop in a healthy manner and in conditions of freedom and
dignity.
    2. The United Nations Convention on the Rights of Children, ratified by India on 11th December,
1992, requires the State Parties to undertake all appropriate national, bilateral and multilateral measures to
prevent (a) the inducement or coercion of a child to engage in any unlawful sexual activity; (b) the
exploitative use of children in prostitution or other unlawful sexual practices; and (c) the exploitative use
of children in pornographic performances and materials.
   3. The data collected by the National Crime Records Bureau shows that there has been increase in
cases of sexual offences against children. This is corroborated by the ‘Study on Child Abuse: India 2007’
conducted by the Ministry of Women and Child Development. Moreover, sexual offences against
children are not adequately addressed by the extant laws. A large number of such offences are neither
specifically provided for nor are they adequately penalised. The interests of the child, both as a victim as
well as a witness, need to be protected. It is felt that offences against children need to be defined
explicitly and countered through commensurate penalties as an effective deterrence.
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    4. It is, therefore, proposed to enact a self contained comprehensive legislation inter alia to provide
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for protection of children from the offences of sexual assault, sexual harassment and pornography with
due regard for safeguarding the interest and well being of the child at every stage of the judicial process,
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incorporating child-friendly procedures for reporting, recording of evidence, investigation and trial of
offences and provision for establishment of Special Courts for speedy trial of such offences.
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    5. The Bill would contribute to enforcement of the right of all children to safety, security and
protection from sexual abuse and exploitation.  In
   6. The notes on clauses explain in detail the various provisions contained in the Bill.
   7. The Bill seeks to achieve the above objectives.


                                                                                         KRISHNA TIRATH.
     NEW DELHI;
   The 16th March, 2011.




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