General principal of trial for Protection of children from sexual offence Act

 This Act has brought by the Government under the special Law, which came into effect on 14th November 2012. This law protects children from the offence of sexual harassment, Pornography, sexual assault. This Act safeguards the interest of the child at every stage of the Judicial Process by incorporating a child-friendly mechanism for reporting, recording of evidence, and speedy trial of offence through designated special court. The protection of children from the sexual offence or POSCO Bill 2019 provides the punishment to those who are engaged in sexual crime against children, the death penalty in case of aggravated sexual assault, fine and imprisonment at the time of child pornography.

 General Principal for use of professional at trial and pre-trial stage

  • Right to life – every child has a right to life, so it is the duty of every professional to take care of it. Every child has a right to live freely without any physical and mental harassment and it is their responsibility to give them chance for harmonization development.
  • The best interest of the child– It is necessary to protect the child from secondary victimization during the justice process as a victim or witness and also try to enhance the child capacity to contribute to that process.
  •  The right to be treated with dignity- throughout the proceeding, child dignity should be maintained. Interference in child private life should be limited and it is necessary to take care their personal needs, age , gender, disability, and level of maturity. The language which is known to the child should be used.
  • The right to be protected from discrimination- The justice process  and support services should be available  to the child  and his families . It is duty to protect the child from discrimination in the case of age , sex, ethnic, culture, religion etc. Trained professional should be appointed during the process.
  • The right to compensation-The compensation shall be provided to the child for his/her relief and re habitation. The compensation may be granted at any stage interim stage, trial stage or conclusion stage. The amount may be given to the victim for material loss, medical and psychosocial  support etc.
  • The right to safety- when the child victim may be in risk, so appropriate measure should be taken by the authority to protect the child from the risk and when the witness and child victim are in subject to threat or harm. So appropriate condition  should be provided for the safety.
  • The right to be protected from hardship- It is necessary to protect the child from hardship during the justice process. Judicial process may be stressful  for the child, so try to minimize that stress.
  • The right to privacy- child privacy should be maintained during the trial and the pre trial period. If any information is released on media relating with child victim then it may effect the child safety , this caused child humiliation and effect his family relation with the society also.
  • The right to  effective assistance- All the needs should be provided to child so it will easy for them to participate in  the of justice and also provide the support in the case of education, financial, social, health , physical  for the case of child healing as well as justice.

 Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

You may also like to read:

Drone Control in India. – Aishwarya Sandeep

Indian Laws to consider before shooting a film – Aishwarya Sandeep

THIRD PARTY PRODUCTS: MALPRACTICE BY BANKS – Aishwarya Sandeep

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