Friday, 6 September 2013

what is Asaram Sexual Assault Case ?

What is sexual assault against  Minor?


 Asaram Babu is arrested by  Rajastan Police recently related  the offence of sex assault against Minor.
This case is generated a lot of public attention from India and abroad as he is a famous spiritual Guru who has  thousands of followers across the world.
The 72 year old Asaram is arrested as per the new law of Prevention of  children from sexual offences Act (POCSO) -2012. This law was implemented on last November. The purpose of the law is to protect the children from any kind of sexual abuse .
As per the law new special court is needed for conducting the trial.
Only very limited states have identified the special courts for trial .
Rajastan is one of them.

What law says ?


Sexual Assault: Whoever, with  sexual  intent touches  the vagina ,penis ,anus or  breast  of the child
or  makes  the child touch  the vagina , penis ,anus ,or breast  of such person  or  any  other person
or  does  any other  act  with sexual intent  involves   physical  contact  without   penetration  is  said  to  commit   sexual  assault.

Punishment : Less   than  3 years   which may extended to  five years ,and  shall  also  be liable  to fine.

Punishment for  Penetrative  sexual Assault :Not less than  seven years  but  which  may extend  to  imprisonment  for life ,shall be liable  to fine.

As per the news report , the Asaram case falls under the provision of Sexual Assault.
But if the provision changed into the Penetrative Sexual Assault , the punishment provision will be more hard.
It is depend upon the statement of the child.

Who is minor?

As per the Provision of  Protection of Children from the Sexual Offenders Act -2012 , the children below 18  age are  consider as minors.


Will this law effective to reduce the sexual assault ?

Nobody know about the law and its the provisions of the law.  Public is not aware the pros and cons of the law. The law can be seen  on the Govt. Notification which is available on the Internet.
No awareness programme is conducting anywhere. Law which is only sleeping on the law books will not work .Major  the Indian population are illiterate. The literate people are illiterate on law .
So, this law will not change any big difference in the society.
Ignorance of the law is not an excuse.
If the people are being kept  on the state of ignorance ,then the purpose of the law will not be delivered.


 

No comments: