The juvenile justice (care and protection of children) act, 2015MAINAKCHANDRA2
The updated Indian legislation regarding Juvenile Protection and Procedure for protection of their identity and betterment of their future. This PPt gives an overall idea of the Act in a precise manner
Apart from the various acts concerning children, The Indian Penal Code (IPC) also has a list of offences against children. According to the sections 82 and 83 of the IPC a child who commits a crime and is below the age of seven is not considered to have committed a crime. A child who is between the ages of seven and twelve and is deemed to have immature understanding about the consequences of his/her actions is also considered incapable of committing a crime.
DOMESTIC VIOLENCE ACT 2005, MAIN PROVISIONS
SPECIAL LAWS AND ACTS IN INDIA
CASES OF DOMESTIC VIOLENCE
In a patriarchal society like India this differences create inequality and the impact is upon the women folk.
A women in India is always referred as caretakers of home.
They are expected to cook good food, keep home perfectly clean, take proper care of other family members, obey the orders of elders etc. If these women are found deviating from their so called ideal duties ,they are punished and ridiculed.
The home which should be the safer place for a woman has become a place where she faces a regime of terror and violence at the hand of somebody close to her. To prevent domestic violence and to provide justice to the victims laws are formed
OBJECTIVES OF THE ACT
An Act to provide for more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto.
DOMESTIC VIOLENCE DEFINITION
For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it—
(a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or
(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or
(c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or
(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person
The juvenile justice (care and protection of children) act, 2015MAINAKCHANDRA2
The updated Indian legislation regarding Juvenile Protection and Procedure for protection of their identity and betterment of their future. This PPt gives an overall idea of the Act in a precise manner
Apart from the various acts concerning children, The Indian Penal Code (IPC) also has a list of offences against children. According to the sections 82 and 83 of the IPC a child who commits a crime and is below the age of seven is not considered to have committed a crime. A child who is between the ages of seven and twelve and is deemed to have immature understanding about the consequences of his/her actions is also considered incapable of committing a crime.
DOMESTIC VIOLENCE ACT 2005, MAIN PROVISIONS
SPECIAL LAWS AND ACTS IN INDIA
CASES OF DOMESTIC VIOLENCE
In a patriarchal society like India this differences create inequality and the impact is upon the women folk.
A women in India is always referred as caretakers of home.
They are expected to cook good food, keep home perfectly clean, take proper care of other family members, obey the orders of elders etc. If these women are found deviating from their so called ideal duties ,they are punished and ridiculed.
The home which should be the safer place for a woman has become a place where she faces a regime of terror and violence at the hand of somebody close to her. To prevent domestic violence and to provide justice to the victims laws are formed
OBJECTIVES OF THE ACT
An Act to provide for more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto.
DOMESTIC VIOLENCE DEFINITION
For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it—
(a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or
(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or
(c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or
(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person
PROTECTION OF CHILDREN FROM SEXUAL OFFENCES (POCSO.pptxShubhiSingla2
Power Point Presentation on Protection of Children from Sexual Offences, 2012.
A new Act which came into force from 14.11.2012 by way of a separate notification.
It helps to provide protection to children below 18 years of age.
Under the Act Special Courts has been established which helps to solve the problem and deliver justice. Under this offences has been categorized in various ways.
It is about the law to protect the children who are sexually abused, to protect them, guide them through the course and instill fear in the offenders. - POCSO ACT.
India is the home to largest number of sexually abused children:WHO.POCSO act protects such children but what is the dilemma faced by a doctor when such a victim becomes his patient?
POCSO - THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES, 2012 presentation VasuKapoor4
The presentation is about a short notes on The protection of children from sexual offences act, (POCSO), 2012. detailed about the origin of the act in short with important supreme court judgements and every section is decipher very shortly in the presentation and it includes flow chart also.
The child sexual abuse is an under reported offence in India, which has reached epidemic proportion. A recent study on prevalence of sexual abuse among adolescents in Kerala, reported that 36 per cent of boys and 35 per cent of girls had experienced sexual abuse at some point of time. A similar study conducted by the Government of India in 17,220 children and adolescents to estimate the burden of sexual abuse revealed shocking results and showed that every second child in the country was sexually abused among them, 52.94 per cent were boys and 47.06 per cent were girls. Highest sexual abuse was reported in Assam 57.27 followed by Delhi 41 , Andhra Pradesh 33.87 and Bihar 33.27 . 1 Sexual abuse and sex trafficking remain highly prevalent and are among the serious problems in India. In the last two decades, an increase in the prevalence of sexually transmitted diseases has been shown in children. Children who are victims of sexual abuse often know the perpetrator in some way. Hence, the problem of child sexual abuse needs to be addressed through less ambiguous and more stringent punishment. Dr. Geetika Sood | Avrida Jan ""Incest and Sexual Assualt on Minor Girls"" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-3 | Issue-4 , June 2019, URL: https://www.ijtsrd.com/papers/ijtsrd23608.pdf
Paper URL: https://www.ijtsrd.com/management/law-and-management/23608/incest-and-sexual-assualt-on-minor-girls/dr-geetika-sood
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Protection of Children Against Sexual Offence Act, 2012
1.
2. Many of us have been
very disturbed, angry and
intensely anxious about
the state of security for
school going children,
particularly if the care
givers become the
perpetrators of crimes. As
parents and as citizens we
all should be aware of the
provisions included in
different acts pertaining
to the protection of our
children against such
offences. POCSO is one
such act.
3.
4. Until 2012, provisions of the Indian Penal Code, 1860 (IPC), Immoral
Traffic (Prevention) Act, 1956 (ITPA), and Juvenile Justice (Care and
Protection of Children) Act 2000 (JJ Act) applied to sexual offences
against children.
The IPC is gender specific, that is, only a woman or a girl can file a
complaint of rape or sexual assault against a man. With regard to sexual
offences against men and boys, the IPC does not distinguish between
consensual intercourse between adults and forced intercourse ''against the
order of nature.''
The IPC until 2013 only covered 'rape' (defined as penetration of the
penis into the vagina) by a man of a woman. Now following the Criminal
Law Amendment in 2013, the IPC covers a range of sexual offences
against women. However, the IPC does not distinguish between women
and girl children in terms of the needs of girl children for special
procedures during the course of the trial.
The ITPA applies only to cases of child prostitutions.
The Juvenile Justice (Care and Protection of Children) Act does not
explicitly provide penal provisions for sexual abuse of children.
5.
6. KEY FEATURES OF
POCSO Act, 2012
The POCSO Act is gender neutral. Both boys and
girls can be victims/survivors of rape and/ or
sexual assault under the POCSO Act.
The definition of sexual offences is broad and not
restricted to rape, which is limited to penetration
of the penis into the vagina. The Act protects
children form offences of sexual assault, sexual
harassment, and pornography- for example,
Penetration by object touching with sexual intent,
or showing pornography to the child.
The POCSO Act ensures effective access to
justice. The Act provides for the establishment of
special procedures for reporting of cases, special,
procedures for recording statement of the child
victim, and Special Courts for the trial of such
offences.
The POCSO Act makes abetment of, and attempt
to commit an offence punishable.
7. Who can complain? (Section 19 and
section20)
The Act provides for mandatory reporting. Any person (including
the child ) who has apprehension that an offence is likely to be
committed, or has knowledge that an offence is likely to be
committed, or has knowledge that an offence has been committed
shall complain to the Special Juvenile Police Unite or the local
police.
In case any personnel of the media or hotel or lodge or hospital or
club or studio or photographic facilities comes across any child
pornography (through any medium), shall provide such information
to the Special juvenile Police Unit or the local police.
False complaints with the intention to humiliate, extort, or threaten
or defame someone is punishable under the Act. However, a person
who provides information about the occurrence of a sexual offence
in good faith will not incur any liability.
8. AGAINST WHOM CAN A
COMPLAINT BE FILED?
Both men and women can be offenders
under the Act.
However, a case of penetrative sexual
assault can only be filed against a man.
9. Recognizing that child victims of sexual assault are vulnerable, the Act puts
in place special procedures to assist the child from the time of recording of
his/her statement to the conclusion of the trial.
Provisions for recording the statement of the child are child- friendly. For
example, the statement shall be recorded at the resident of the child or a
place where he/she usually resides or the place of his/her choice. The
presence of the advocate of the accused is not permitted while recording the
statement of the child.
The consent of the victim of sexual assault, or a person competent to give
consent on his/her behalf is required for medical examination of the child.
The medical examination shall be conducted in the presence of a parent or
any other person in whom the child has trust and confidence. In case of
girls, only a woman doctor can conduct the medical examination.
11. PERIOD FOR RECORDING OF
EVIDENCE AND DISPOSAL OF
THE CASE
The evidence of the child has to be recorded
within 30 days of the special Court taking
cognizance of the case;
Reasons for delay are to be recorded in writing;
The Special Court is expected to complete the
trial within one year of taking cognizance of the
case.