Skip to main content

Directions issued by Supreme Court of India in respect of sexual abuse/assault of minor child.


In a Recent Judgement by Supreme Court of India, in the matter of  “Shankar Kisanrao Khade vs. State of Maharashtra” Criminal Appeal No. 362-363 of 2010 following directions have been passed in Judgement delivered by K.S. Radhakrishnan, J, in respect of sexual abuse or assault of minor,


(1)The persons in-charge of the schools/educational institutions, special homes, children homes, shelter homes, hostels, remand homes, jails etc. or wherever children are housed, if they come across instances of sexual abuse or assault on a minor child which they believe to have committed or come to know that they are being sexually molested or assaulted are directed to report those facts keeping upmost secrecy to the nearest S.J.P.U. or local police, and they, depending upon the gravity of the complaint and its genuineness, take appropriate follow up action casting no stigma to the child or to the family members.


(2) Media personals, persons in charge of Hotel, lodge, hospital, clubs, studios, photograph facilities have to duly comply with the provision of Section 20 of the Act 32 of 2012 (The Protection of Children from Sexual Offences Act, 2012) and provide information to the S.J.P.U., or local police. Media has to strictly comply with Section 23 of the Act as well.


(3) Children with intellectual disability are more vulnerable to physical, sexual and emotional abuse. Institutions which house them or persons in care and protection, come across any act of sexual abuse, have a duty to bring to the notice of the J.J. Board/S.J.P.U. or local police and they in turn be in touch with the competent authority and take appropriate action.


(4) Further, it is made clear that if the perpetrator of the crime is a family member himself, then utmost care be taken and further action be taken in consultation with the mother or other female members of the family of the child, bearing in mind the fact that best interest of the child is of paramount consideration.

(5) Hospitals, whether Government or privately owned or medical institutions where children are being treated come to know that children admitted are subjected to sexual abuse, the same will immediately be reported to the nearest J.J. Board/SJPU and the JJ Board, in consultation with SJPU, should take appropriate steps in  accordance with the law safeguarding the interest of child.


(6) The non-reporting of the crime by anybody, after having come to know that a minor child below the age of 18 years was subjected to any sexual assault, is a serious crime and by not reporting they are screening offenders from legal punishment and hence be held liable under the ordinary criminal law and prompt action be taken against them, in accordance with law.

(7) Complaints, if any, received by NCPCR, S.C.P.C.R. Child Welfare Committee (CWC) and Child Helpline, NGO’s or Women’s Organizations etc., they may take further follow up action in consultation with the nearest J.J. Board, S.J.P.U. or local police in accordance with law.

(8) The Central Government and the State Governments are directed to constitute SJPUs in all the Districts, if not already constituted and they have to take prompt and effective action in consultation with J. J. Board to take care of child and protect the child and also take appropriate steps against the perpetrator of the crime.

(9) The Central Government and every State Government should take all measures as provided under Section 43 of the Act 32/2012 to give wide publicity of the provisions of the Act through media including television, radio and print media, at regular intervals, to make the general public, children as well as their parents and guardians, aware of the provisions of the Act.


© Technolegals LLP
www.technolegals.com

Comments

Popular posts from this blog

ADMISSIBILITY OF EVIDENCE RELATED TO ELECTRONIC RECORDS UNDER INFORMATION TECHNOLOGY ACT AND INDIAN EVIDENCE ACT

ADMISSIBILITY OF EVIDENCE RELATED TO ELECTRONIC RECORDS UNDER INFORMATION TECHNOLOGY ACT AND INDIAN EVIDENCE ACT
WRITTEN BY: VIVEK NASA

ELECTRONIC EVIDENCE / EVIDENCE RELATED TO ELECTRONIC RECORDS NOT ADMISSIBLE WITHOUT CERTIFICATE UNDER SECTION 65B(4) OF INDIAN EVIDENCE ACT.
ANY AUDIO/VIDEO RECORDING OF ANY CRIMINAL OFFENCE GIVEN TO POLICE ON CD/DVD/PEN DRIVE, NOT ADMISSIBLE EVIDENCE PER SE.
After implementation of Information Technology Act 2000 (as amended), amendments were made to other statues like Indian Penal code and Indian Evidence Act, to recognize offences/ criminal acts done, using computer systems (including electronic devices). Amendments were also introduced to Indian Evidence Act to recognize evidence collected using computer systems. Section 65A and 65B were added to recognize admissibility of evidence related to electronic records. Section 65A of Indian Evidence Act reads as under:
“Section 65A: Special provisions as to evidence relating to electronic record - The content…

TOP LEGAL ISSUES RELATED TO USE OF SOCIAL MEDIA-INTERNET

By Nishant AhlawatThe trends and facts As per a report published in India Today [i]Indian Internet users will surpass the number in the US by the end of this year and around 500 million people will be online by 2018,  as per Rajan Anandan, managing director, Google India. Going by the statistics of various social media platforms like Facebook, Twitter, Linkedin and Pinterest etc. legal exposure seems to increase every second for internet users. The infographic[ii] below covers all the latest Social Media facts, figures, numbers and statistics of 2014. Some of the mind-blowing facts are mentioned here: 75% of the engagement on a Facebook post happens in the first 5 hours. 53% of interaction between Google+ user and a brand is positive. 44% of users on Twitter have never sent a tweet! 84% of women and 50% of men stay active on Pinterest. More than 2 users sign-up for LinkedIn every second. 23% of teens consider Instagram as their favourite social network. Weekends are the most popular…

Advocate Vivek Nasa on Sexual Harassment of Women & Criminal Law Amendment Act

Advocate Vivek Nasa on Sexual Harassment of Women & Criminal Law Amendment Act


PART 1




PART 2