As the Rajya Sabha passed the Protection of Children from Sexual Offences (Amendment) Bill, 2019, a representation from organisations, academics, and individuals working on issues concerning children and disability in India expressed concerns on certain amendments.
In an appeal to the government, the Pro Child Coalition, along with disability groups, and groups working on women's rights and human rights, have raised concerns about the proposed amendments to Sections 4 and 6, which provide for death penalty for aggravated penetrative sexual assault of all persons below 18 years of age, and enhance the mandatory minimum sentence.
According to the appeal, “system strengthening” is the need of the hour instead of “amplifying punishments”.
Referring to the death penalty, the statement says it fails to consider the nature of child sexual abuse and endangers children.
“National Crime Records Bureau’s Crime in India, 2016 report reveals that 94.6% of all cases registered under rape and rape read with penetrative sexual assault of children were committed by people known to the victim, such as immediate family, relatives, neighbours, employers/co-workers, or other known persons. The fear of the death penalty will serve as a pressure upon children and their families to turn hostile, as the trauma and guilt of sending someone they know to the gallows is a very heavy burden. This will also severely impact the reporting of child sexual abuse by children with disabilities if they are being sexually abused by their caregivers,” it said.
Arguing that punishment under existing laws “adequately consider the gravity of rape and aggravated rape”, the appeal says that introduction of the death penalty for child rape shifts attention away from the poor state of implementation of the POCSO Act. They also said introduction of the death penalty is a “regression from human rights standards.”
Instead, they advocate ensuring that children are protected and supported when they courageously report sexual offences; child-friendly procedures are followed diligently; investigation and prosecution are strengthened; and the necessary personnel, resources, and child friendly courtrooms are in place.
“Establishment of exclusive Special Courts and investment in infrastructure, people, and training along with the implementation of a robust Victim and Witness Protection Program will provide the much-needed framework for ensuring support and protection to child victims of sexual offences, enabling both higher conviction rates and greater levels of healing and rehabilitation of child victims. The POCSO Amendment Bill, 2019, is anti-child, regressive and counter-intuitive, and will inevitably endanger children rather than serve their interests,” the appeal said, urging for withdrawal of the amendments proposing the introduction of the death penalty and enhancement of sentences for penetrative sexual assault and aggravated penetrative sexual assault.