The Protection of Children from Sexual Offences Bill, 2012, currently awaiting Presidential assent is a welcome step for many reasons.The penal code does not take into account the reality of many different acts of sexual violence committed on children and the range of sexual contexts according to the extent of coercion, injury, age and incapacitation of the child. The concept of relationship with the child, crucial in such cases, is completely absent in the existing law; there are no separate provisions to address sexual violence committed by family members, friends or those in positions of authority. The Indian Penal Code also does not specifically address sexual violence against the boy child except under Section 377 that criminalises homosexual behaviour. The new Bill addresses these concerns and defines various categories of sexual acts that are offences when perpetuated against children. It is gender neutral, which is progressive. But in its definition of a child as below 18 years of age, it gives cause for concern.
