Penal action for not reporting an offence?

 

Penal action for not reporting an offence? 

Yes, You read it right. This is one of the chief features of the POCSO Act which is why it is a double- edged sword. 

One of the most essential and equally controversial provision of POCSO Act is the provision for mandatory reporting imposing a duty on person who has an apprehension or has knowledge of a sexual offence being committed against a child to report it to the local police or the Special Juvenile Police Unit under Section 19 of the Act. 

The Act along with the abuser also Penalizes the person who fails to report such child sexual abuse under section 21 of the Act, in case of any person, with six months imprisonment and in case of any person being in-charge of any company or institution, with one year imprisonment. The act, although, spared children from this obligation . 

Soon after the commencement of this Act a debate ensued on this provision with regard to it’s importance in order to acknowledge the severity of child sexual abuse and to stop the continuing violence against the child and on the other hand the argument that mandatory reporting compels the child to relive the trauma of sexual abuse and the child being subjected to social stigma.

The provision of Mandatory Reporting in the POCSO Act makes it mandatory for each and every child victim of sexual abuse to enter the criminal justice system. It is vital to accept that the criminal justice system may not be the best way out for all children who have undergone sexual abuse. On the other hand because of the fear of registration of an FIR, children are denied access to services. 

The need of the hour is that the Ministry of Women and Child Development should conduct consultations to re-analyze the provision of Mandatory Reporting, and its impact on children. The Ministry should also motivate voluntary help-seeking by ensuring that the injury and distress caused to the child is suitably handled, that the child is in a safe place, and the child is promised support through the family / community. The attention should be on designing an environment where the child/ child’s family recognize the significance of registering an FIR and reporting of such child sexual abuse. 

Tabish Sarosh & Associates law firm actively supports in term of Free Legal assistance- and legal help to the victims of sexual abuse and always take legal stand for the legal rights of child and women…

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