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Pedophilia case (2011)

Pedophilia case (2011)

Introduction

  • The conviction of two British nationals, Duncan Grant and Allan Waters, for sexually abusing minor boys has underlined the need for a stringent law against sexual exploitation of children.
  • Activists say that the provisions of Indian Penal Code are not stringent enough to book someone for sexually exploiting children.

What is Pedophilia ?

  • Pedophilic disorder is characterized by recurring, intense sexually arousing fantasies, urges, or behavior involving children (usually 13 years old or younger).
  • Pedophiles may be attracted to young boys, young girls, or both, and they may be attracted only to children or to children and adults.
  • Paedophilia is not an offence under the Indian Law. However, a sexual offence against a minor is a crime.

Background | Pedophilia case (2011)

  • In March 2006, a Mumbai sessions court had sentenced Grant and Waters, both former officers of British Navy, to six years in prison on the charge of sodomy and sexually abusing five minor boys in Anchorage Shelter Home they ran in Colaba since 1995. They challenged the conviction in the Bombay High Court, which acquitted them in 2008.
  • The high court had refused to consider the testimony of the two boys, which was the basis for the session court’s judgment, as reliable because there were inconsistencies in their statements. On March 21, the Supreme Court upheld the session court’s sentencing. Grant has spent three years and two months and Waters, five years in prison.
  • Grant and Waters were on the radar of a UK-based organisation End Child Prostitution, Child Pornography and the Trafficking of Children for Sexual Purposes (ECPAT), for sex tourism in India.

Judgement | Pedophilia case (2011)

  • The trial court had ordered the Britishers to pay a compensation of 20,000 UK pounds each while also imposing a fine of Rs 15,000 on William D’souza, the Indian manager at the shelters-for-homeless run by the convicts at three places in Mumbai.
  • Waters and Grant were sentenced to six years each. While Waters has undergone five years imprisonment, Grant has served three years and two months. D’Souza has served a month longer in jail than the term of three years imposed upon him.
  • The apex court restored the conviction on appeals by civil society Childline India Foundation and Maharashtra government, challenging the order of Bombay High Court which had freed them in July 2008.

laws against Pedophilia in India | Pedophilia case (2011)

  • Under Sections 3 and 4 of the Protection of Children from Sexual Offences Act of 2012, any person not residing in Jammu and Kashmir who commits penetrative sexual assault* on any person below the age of eighteen years shall be punished with a fine as well as with imprisonment for at least seven years and for a maximum of entire life (life imprisonment.)
  • Under Sections 5 and 6 of the said Act, any such specific offenders as described in Section 5 not residing in Jammu and Kashmir who commits an aggravated penetrative sexual assault* on any person below the age of eighteen years shall be punished with a fine as well as with imprisonment for at least ten years and for a maximum of entire life (life imprisonment.)
  • Law before the Protection of Children from Sexual Offences (POCSO) Act, 2012 legislation was passed
  • Goa Children’s Act, 2003, was the only specific piece of child abuse legislation before the 2012 Act.
  • Child sexual abuse was prosecuted under the following sections of Indian Penal Code:
    • P.C. (1860) 375- Rape
    • P.C. (1860) 354- Outraging the modesty of a woman
    • P.C. (1860) 377- Unnatural offences

 

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