Governments have an obligation to impart sex education, raise POCSO awareness: Supreme Court
New Delhi: In a significant ruling, the Supreme Court of India observed that it is the obligation of governments to impart sex education and raise awareness about the Protection of Children from Sexual Offences (POCSO) Act. The Court, while interpreting the Act, stressed on the importance of creating a compassionate approach towards victims of child sexual abuse.
A bench comprising Chief Justice of India DY Chandrachud and Justice JB Pardiwala clarified that the responsibility of the appropriate governments and commissions under Sections 43 and 44 of the POCSO Act extends beyond mere awareness about the provisions of the Act. "We are of the considered view that the obligation of the appropriate government and the commission under Section(s) 43 and 44 of the POCSO respectively, does not end at just spreading awareness about the provisions of the POCSO," the Court stated.
Section 43 obligates both the Central and State Governments to ensure that the Act is widely publicized through various media platforms at regular intervals. This includes creating awareness among the general public, children, parents, and guardians. Additionally, Section 43 mandates proper training for government offices, such as the police, to ensure effective implementation of the Act's provisions.
Similarly, Section 44 entrusts the National Commission for Protection of Child Rights (NCPCR) and State Commissions for Protection of Child Rights with the responsibility to monitor and assist in the implementation of the Act.
The Court stressed the need for a sensitive and compassionate societal approach towards victims of child sexual abuse. "By fostering a compassionate and understanding society, we can help them find their path to recovery and regain a sense of safety, dignity, and hope. This includes changing societal attitudes towards victims, improving legal frameworks to protect them, and ensuring that perpetrators are held accountable," the judgment read.
The ruling further highlighted the necessity of sex education in schools and other educational institutions to address child abuse, exploitation, and addiction to pornography. "As a natural corollary, the obligation of the appropriate government and the commission under the aforesaid provisions will also entail imparting of sex education and awareness amongst the general public, children as well as their parents and guardians, particularly in schools and places of education," the bench observed.
In another critical interpretation, the Court ruled that the mere storage of child sexual exploitative material (child pornography) without deletion or reporting indicates an intention to transmit it. Moreover, watching such material without downloading it amounts to possession under the POCSO Act.
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Four doctors in Kerala booked for birth of newborn with genetic disorders
Alappuzha, (Kerala) (PTI): Four doctors in Kerala have been booked for allegedly failing to detect genetic disorders in a newborn while it was still in the mother's womb, the police said on Thursday.
The accused include two female doctors attached to the Kadappuram Government Women and Child Hospital in Alappuzha, along with two doctors from private diagnostic labs, according to the Alappuzha South police.
The police registered an FIR on Tuesday based on a complaint lodged by Anish and Surumi, a couple from Alappuzha.
They alleged that the doctors failed to detect or disclose the genetic abnormalities during prenatal scans, instead assuring them that the reports were normal.
The couple also claimed that they were shown the baby only four days after delivery, according to the complaint.
The FIR stated that Surumi, 35, was undergoing treatment for her third pregnancy at Kadappuram Women and Child Hospital.
On October 30, Surumi was admitted for delivery. However, she was referred to Government Medical College Hospital (MCH) in Vandanam, Alappuzha, citing the absence of fetal movement and heartbeat, the FIR said.
On November 8, the baby was delivered following surgery at MCH and was found to have severe internal and external deformities, the FIR stated.
Meanwhile, one of the accused doctors, responding to the allegations, said she had treated Surumi only during the initial months of her pregnancy.
"I provided care for three months at the beginning of her pregnancy. The reports shown to me indicated issues with the fetus's growth," she said.
The doctors associated with the diagnostic labs, however, maintained that there were no errors in the scan reports.
The police registered a case invoking Sections 125 (act endangering life or personal safety of others), 125 (b) (where grievous hurt is caused, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to ten thousand rupees, or with both) of Bharatiya Nyaya Sanhita (BNS) against the accused.
