Question : Crime against Infants and Children

(a) whether cases of rape of infants and children below ten years are on the rise in the country;

(b) if so, the details thereof and the number of such cases reported and the action taken against the guilty during each of the last three years and the current year, State-wise;

(c) whether the Supreme Court has made any ruling in this regard and directed the Government to enact a separate law providing stringent punishment for child rapists;

(d) if so, the details thereof and the reaction of the Government in this regard; and

(e) the time by which the new law is likely to be enacted along with the other effective measures taken, to stop such cases in future?

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS
(SHRI HARIBHAI PARATHIBHAI CHAUDHARY)

(a) & (b): As per information provided by the National Crime Records Bureau (NCRB), data on cases reported & cases disposed of under rape of children (below 18 years) is maintained. A total of 8,541, 12,363 and 13,766 cases were reported under rape of children
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(below 18 years) during 2012, 2013 and 2014 respectively, showing rising trend. State/UT wise cases reported, cases charge sheeted, cases convicted, persons arrested, persons charge sheeted and persons convicted under rape of children (below 18 years) and under the Protection of Children from Sexual Offences Act, 2012 are enclosed at Annexure-I&II respectively. Furthermore, as per available Monthly Crime Statistics, State/UT wise cases reported under rape of children (below 18 years) and under the Protection of Children from Sexual Offences Act, 2012 during 2015 is enclosed at Annexure-III.

(c) to (e): Hon’ble Supreme Court in Writ Petition (C) No. 4/2016, Supreme Court Women Lawyers Association (SCWLA) Vs Union of India & Anr. has said that this court can not provide a higher punishment than one provided under the law, however it can only suggest to legislate. Government of India is committed to strict implementation of relevant provisions of Protection of Children from Sexual Offences Act, 2012 (POCSO Act) as amended by the Criminal Law (Amendment) Act, 2013. These enactments provide for
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protection of children from the offences of sexual assault, sexual harassment and pornography with due regard for safeguarding the interest and well being of the child at every stage of the judicial process, incorporating child-friendly procedures for reporting, recording of evidence, investigation and trial of offences and provision for establishment of Special Courts for speedy trial of such offences.
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