Bengaluru: The Protection of Children from Sexual Offences (POCSO) Act, although it is aimed at punishing the perpetrators, might come as a blessing in disguise for the school management. If the act was committed by a staff member, which appears to be the case according to police investigations, it will be “aggravated, penetrative sexual assault” a very serious offence where the protector becomes the perpetrator, said Professor Babu Mathew, Head of the POCSO Act Drafting Committee.
In the case of the Vibgyor rape, police have filed a case of penetrative sexual assault, which leaves the management out of the picture, for it does not account for the perpetrator being part of the staff. Aggravated, penetrative sexual assault will make the managements of Deens Academy and Vibgyor school liable as well, for the accused, Mustafa was appointed by them to train the children, his offences were not reported and a thorough background check was not conducted.
“It could weaken the case against the management, because it lessens their involvement in the crime,” agreed Nina Nayak, former Chairperson, National Commission for the Protection of Child Rights. “The cops and the management need to be booked under Section 19 of the Act,” said Ms Nayak. “The policemen should have started the inquiry immediately, instead of waiting for five days. A sub inspector in the police station should have gone to the victim’s house as soon as the complaint was filed.”
Moreover, the POCSO Act says makes it mandatory for the management to report any case of sexual offence as soon as it is brought to their notice. “If the management does not do so, they can be chargesheeted under Section 5, Clause F of the POCSO Act. “If the police do actually file a case in respect of the criminal offence committed at the school, the managements of Deens Academy in Whitefield and Vibgyor school will be guilty of not reporting the incidents.
The POCSO Act was raised by MP Rajeev Chandrasekhar in the Zero Hour of the Rajya Sabha session, a duration reserved for issues of the utmost importance. “Although the number of child sexual abuse and sexual exploitation cases have shown an alarming rise in the last three years, none of the cases have been registered under the POCSO Act,” he said. Mr Chandrasekar also urged the government to take the necessary steps, including amending the POCSO Act to ensure that school managements are brought under the ambit of the law, with “the school management and teachers made accountable for the safety of children on the school premises.”
He also asked for Child Crime Cells to be made mandatory by law in every police station, where crimes against children can be registered immediately. “Public prosecutors must create specialists in prosecuting these cases, which must be done in special fast track courts to ensure speedy trials and convictions.” The POCSO Act was framed in 2012, by the National Commission for the Protection of Child Rights, which brought specialists together to draft a new law. It was passed during the tenure of UPA-2 government at the Centre.
However, Professor Mathew says that the Act already holds school managements accountable if they are found guilty. “To say that they are accountable under any circumstances is called a pious platitude, a statutory duty, which to the best of my knowledge, cannot be made punishable,” he explained. “However, mandatory reporting of sexual offences and abetment are already in the Act.”
