POSCO Act, Child Labor, and Maintenance

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

• Full Name: Protection of Children from Sexual Offences Act, 2012
• Enactment & Enforcement Date: 2012 (Enforcement: November 14, 2012 - Children's Day)
• Objective: Provides a special mechanism for complaints related to sexual offenses against children, with stringent penalties (up to death penalty).
• Structure: Nine chapters and 46 sections.
• Definition of "Child": Any person below 18 years of age.

1.1 Offenses under POCSO Act

• Sexual Harassment: Includes verbal abuse, gestures, stalking (excluding touching).
• Sexual Assault: Any touching of a child with sexual intent, or asking a child to touch.
• Penetrative Sexual Assault: Penetration of a child's mouth or private parts by a body part or object, or forcing the child to perform such acts.
• Aggravated Forms: Aggravated Sexual Assault and Aggravated Penetrative Sexual Assault occur when the offenses are committed by individuals in positions of trust (see list below).

List of Persons in Positions of Trust (for Aggravated Offenses):

• Police personnel
• Security forces
• Educational institution staff/directors
• Orphanage employees
• Persons previously convicted under POCSO
• Offenders during communal riots
• Offenders in groups/gangs
• Use of firearms resulting in death or permanent injury
• Public servants
• Child relatives
• Repeat offenders
• Juvenile home staff/directors

1.2 Specific Section Details:

• Section 3: Defines Penetrative Sexual Assault.
• Section 5: Defines Aggravated Penetrative Sexual Assault.
• Section 7: Defines Sexual Assault.
• Section 9: Defines Aggravated Sexual Assault.
• Section 11: Defines Sexual Harassment (includes showing illicit material, abusive language, sexually colored remarks, stalking).
• Section 15: Addresses storage of pornographic material.
• Section 15: Addresses distribution of such material.

1.3 POCSO Act Hearing Process:

• Complaint Filing: Filed with general police or Special Juvenile Police Unit.
• Reporting: Police must inform the Child Welfare Committee (CWC) within 48 hours.
• Investigation: Conducted by a female officer (at least ASI rank), at a location comfortable for the child (not police station). Parents/guardians must be present.
• Medical Examination: Conducted by a female medical officer. A copy of the report is given to the guardians.
• Special Courts: Cases are heard in special courts or courts of sessions.
• Child Protection: Child is not repeatedly called to court, questions are simple and non-objectionable. The hearing is audio-video recorded. Court atmosphere is child-friendly. Child's identity is protected. Revealing the child's identity is a punishable offense (6 months imprisonment for media persons and their editors).
• Failure to Report: Failure to report a POCSO offense is punishable by 6 months imprisonment (or 1 year if the offender is a person in a position of trust). A fine is also imposed. All participants in the crime are liable for punishment.

1.4 Penalties under POCSO Act:

Offense	Minimum Imprisonment	Maximum Imprisonment
Penetrative Sexual Assault	10 years	Life Imprisonment (till death)
Aggravated Penetrative Sexual Assault	20 years	Life Imprisonment (till death) + Death Penalty (recent amendment)
Sexual Assault	3 years	5 years
Aggravated Sexual Assault	5 years	7 years
Sexual Harassment	3 years	3 years
Use of Child for Pornography	5 years	7 years
Storage of Pornographic Material	3 years	5 years
Distribution of Pornographic Material	3-5 years	3-5 years
Commercial Use of Pornographic Material	5-10 years	5-10 years

Note: Fines are also imposed, the amount depending on the circumstances.

2. Child Labor

• Child Labour Act, 1986: Initially allowed children below 14 to work except in hazardous occupations (as per Article 24 of the Constitution).
• Right to Education (RTE) Act, 2009: Made education compulsory until age 14.
• Amendments (2016): The Child Labour Act was amended in 2016 to address the conflict between the 1986 Act and the RTE Act. Further details on the amendments were not provided in this section.

2. Child Labor (Continued) & 3. Maintenance and Welfare of Parents and Senior Citizens Act, 2007

2. Child Labor (Continued)

• Conflict Resolution (2016 Amendments): The 2016 amendments to the Child Labour Act resolved the conflict between the 1986 Act (allowing children under 14 to work except in hazardous occupations) and the RTE Act, 2009 (compulsory education until age 14). Specific amendment details not provided.
• New Classification (Post-2016): Children are now categorized as:
  • Child: Below 14 years. Employment completely prohibited except for:
    • Family businesses (limited assistance).
    • Artistic/talent-related work (excluding hazardous occupations; education must continue).
  • Adolescent: 14-18 years. Employment allowed except in hazardous occupations.
• Penalties (Child Labor):
  • First offense: No penalty.
  • Subsequent offenses: ₹20,000 fine.
• Penalties (Employer of Child/Adolescent in Hazardous Work):
  • ₹20,000 - ₹50,000 fine.
  • 6 months - 2 years imprisonment.
• Enforcement Mechanisms:
  • Online platform ("Pencil Platform") for complaints. Third-party reporting allowed.
  • Child Labour Rehabilitation Fund: ₹15,000 deposited per child; funded by penalties.

3. Maintenance and Welfare of Parents and Senior Citizens Act, 2007

• Act Passed: December 29, 2007.
• Objective: To provide maintenance and expenses to parents and senior citizens.
• Key Definitions:
  • Parent: Person aged 60+ demanding maintenance from their children.
  • Senior Citizen: Individual (without children) whose legal heir/relative demands maintenance.
  • Children: Includes sons, daughters, biological and adopted children, grandchildren.
  • Maintenance: Includes food, clothing, residence, medical treatment, and other basic needs.
  • Relative: Person with inheritance rights in property (excluding minors).
• Application for Maintenance:
  • Filed by senior citizen or their representative.
  • Tribunal may initiate suo moto proceedings if necessary.
• Tribunal Procedures:
  • Opportunity to be heard for both parties (natural justice principle).
  • Decision within 90 days (urgent matter).
  • Ex parte judgment if respondent fails to appear after multiple notices.
• Maintenance Payment:
  • Deposit within 30 days to tribunal or directly to senior citizen/parent.
  • Non-payment/delay results in one month imprisonment.
• Appeals:
  • Appeal to higher court within 60 days.
  • Decision on appeal within 30 days.
• Maximum Maintenance: ₹10,000 (subject to amendment).
• Government Roles:
  • Appointing maintenance officers (at least one per district; rank equal to or higher than District Welfare Social Officer).
  • Establishing maintenance tribunals (at least one per district; judges with rank equal to or higher than District Magistrate).
  • Establishing old age homes (capacity of 150; additional homes built as needed). Objective: to provide shelter for those lacking sufficient means or family support.

Maintenance and Welfare of Senior Citizens Act: Part 2

5. Representative's Duty:

• Representatives are responsible for ensuring applications are filed with the tribunal. This is due to the fact that not everyone is aware of their rights.

6. Tribunal Proceedings & Ex Parte Judgments:

• Opportunity to be heard: The tribunal provides both parties the opportunity to be heard, upholding the principle of natural justice.
• Urgent Matters: Decisions are made within 90 days for urgent matters (e.g., senior citizens' maintenance needs).
• Ex Parte Judgment: If the respondent fails to appear after multiple notices within 90 days, an ex parte judgment can be passed. This means the maintenance is granted to the applicant.

7. Maintenance Payment & Penalties:

• Deposit: Maintenance must be deposited within 30 days either with the tribunal or directly to the senior citizen/parent.
• Non-payment/Delay: Non-payment or delay results in one month's imprisonment.

8. Appeals:

• Appeal Period: Appeals to a higher court must be filed within 60 days of the tribunal's decision.
• Decision on Appeal: The appeal decision is delivered within 30 days.

9. Maximum Maintenance & Government Roles:

• Maximum Maintenance: Currently capped at ₹10,000 (subject to amendment).
• Government Responsibilities:
  • Appointing at least one Maintenance Officer per district (rank equal to or higher than District Welfare Social Officer).
  • Establishing at least one Maintenance Tribunal per district (judges with rank equal to or higher than District Magistrate).
  • Establishing old age homes with a capacity of 150, with additional homes built as needed to provide shelter for those lacking sufficient means or family support.
  • Allocating beds in government hospitals for senior citizens. Creating separate wards/beds for senior citizens in hospitals lacking such systems.
  • Providing treatment facilities for chronic diseases common in old age.
  • Undertaking publicity and awareness campaigns about senior citizens' rights.

10. Property Transfer & Abandonment:

• Complaint Filing: If property is transferred and maintenance is subsequently stopped, a complaint can be filed with the Maintenance Officer or Tribunal.
• Property Restoration: The relevant officers will attempt to restore maintenance payments; failing that, the property will be restored to the senior citizen.
• Abandonment Penalty: Willful abandonment of parents or senior citizens by children or legal representatives results in three months imprisonment and a fine up to ₹5,000.