The Protection of Children from Sexual Offences Bill, 2011 was introduced in the Rajya Sabha by minister of women and child development, Krishna Tirath, and will soon be sent to the standing committee.
"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," said the statement of objects of the bill.
The proposed bill aims to cover all new aspects of sexual offences against children not covered by any other existing law. The bill calls for protection of children against penetrative sexual assault, sexual harassment, pornography and also provides for establishment of special courts for speedy trial of the accused.
However Section 7 of the Bill does not provide for any punishment if the consent for sexual act has been obtained with a person between the age of 16 and 18. The Bill provides for treating sexual assault as ‘aggravated offence’ when it is committed by a person in position of trust or authority over the child.
The punishment for penetrative sexual assault has been proposed at a minimum of five years in jail and a minimum fine of Rs. 50,000. Sexual assault also includes fondling the child in an inappropriate way, and will invite a penalty of a minimum of three years in jail.
The bill also has set a procedure for media on reporting that would bar giving personal details of the victim and the victim's family or any form of reporting that can lead to their identification.
