By Aires Rodrigues
The Goa Government seems not to be serious on prosecuting those responsible for crimes against Children. Though the Protection of Children from Sexual Offences Act, 2012 came into force on 14 November 2012, the Goa police are still using the Goa Children’s Act and apparently, are not even aware of the existence of this Central enactment.
The Central Act was passed by Parliament in May 2012 and under its ambit defines child as a person below the age of 18 and is gender neutral and has a clear definition for all types of sexual abuses like sexual harassment, penetrative or non-penetrative sexual abuse and pornography.
Under Article 254 of the Indian Constitution once the Central Act came into force the Goa Children’s Act impliedly stood repealed in as much as the doctrine of occupied field would come into play, by which the State Legislation would become void. Any proceedings initiated under the Goa Children’s Act would automatically be illegal and void.
The Central Act has defined the punishments following the kind and harshness of the offence that includes life imprisonment for heinous crimes of sexual assaults and abuses. The Act under its ambit has tried to set up the standards of International Child Protection Rights and has made it mandatory to report the sexual offences against any child. Punishment against the person trying the allegedly defame any person that also includes a child via false information is mentioned in this Act.
The Protection of Children from Sexual Offences Act, 2012 has defined the ways to provide a child friendly process of offence reporting to evidence recording, trial and even investigation. Section 45 of the Act allows the Union Government to make the necessary changes in the Act, whenever and wherever required.
All the rules have been structured and framed relying upon the Juvenile Act, 2000 for making arrangements in regards to the care and protection of the child. The devised rules of the Act also pay attention to the fact that the child is not re-victimised at time of investigation as well as trial. The Act has also made it clear that under situations in which the child is being taken for the medical facility on an emergency factor that no documentation or magisterial requisition would be demanded before the treatment.
The Rules laid down in the Act also defines the criterion of awarding the compensation by the Special court that includes loss of educational and employment opportunities along with disability, disease or pregnancy suffered by the subject as the consequence of the sexual abuse. This compensation would be awarded at the interim stage as well as after the trial ends.
In the recent Vasco Rape case the provisions of Protection of Children from Sexual Offences Act, 2012 have not been invoked. Is the entire attempt by the authorities aimed at letting the accused go scot free at the end of the trial, for having been prosecuted under a non existent law? Can it be believed that the law enforcing agencies are so naive or ignorant about the law of the land as it stands or are they functioning under pressure or dictates of a hidden hand?
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