Oral Sex
24/11/2021
Tags:

The Hindu

GS 1: Issues related to children

Context:

  • Oral sex with a minor is not aggravated sexual assault and only a “lesser” offence, the Allahabad High Court has concluded in a judgment.

About:

  • Putting penis into mouth does not fall in the category of aggravated sexual assault or sexual assault. It comes into category of penetrative sexual assault which is punishable under Section 4 of POCSO Act.
  • The Sessions Court had earlier convicted the man under “aggravated penetrative sexual assault” under Section 6 of the POCSO Act.
  • However, the Single Judge of the High Court had set aside the trial court findings and said oral sex did not amount to “aggravated penetrative sexual assault” but was only “penetrative sexual assault” under Section 4 of the Act.
  • The definition of ‘sexual assault’ in POCSO include administering hormones to children expedite their sexual maturity for the purpose of commercial sexual exploitation.
  • It also covers 20 categories of definition of penetrative sexual crimes against children and the Cabinet has approved adding sexual assault of children who are victims of calamities or natural disasters, taking it up to 21 categories.
  • The 21 categories under aggravated penetrative sexual assault cover child victims who have been subject to penetrative sexual assault by a police officer or a member of the armed forces or security forces, by a public servant, a relative, the staff of a jail or remand home or protection home, staff of a hospital, educational institution, or religious institution among others.

Protection of Children from Sexual Offences (POCSO) Act, 2012

  • The POCSO Act, 2012 was enacted to Protect the Children from Offences of Sexual Assault, Sexual harassment, and pornography with due regard for safeguarding the interest and well-being of children.
  • The Act defines a child as any person below eighteen years of age, and regards the best interests and welfare of the child as matter of paramount importance at every stage, to ensure the healthy physical, emotional, intellectual and social development of the child.
  • The Act defines different forms of sexual abuse, including penetrative and non penetrative assault, as well as sexual harassment and pornography.
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