Act
to tackle paedophilia mooted
Sandesh Prabhudesai
30 April 2003
Goa has finally come out with legislation against child abuse,
especially tourism-related child sexual abuse, by the paedophiles.
The first 10-year long racket of paedophilia had come to
light in the tourist state in 1991. Freddy Peats, the aged
mastermind, is presently facing life imprisonment here since
1996, along with his accomplice, 64-year old New Zealander
Eoghan Colm McBride.
Five of his partners from Australia, Sweden, Bangkok, Germany
and France are still absconding. Several other cases have
also come to light since then, but many could escape in the
absence of a proper legislation.
The comprehensive Goa Children's legislation, moved in the
Goa Assembly few days ago, has dedicated major part of it
to effectively tackle sexual abuse of child, including the
paedophilic activities.
Paedophilia is a typical kind of sexual exploitation by old
people, largely the male segment of the society, exploiting
mostly children of similar sex in a most horrifying manner.
The legislation has specifically made any case of tourism
related child sexual abuse a non-bailable offence, under section
2 (a) of the CrPC, 1973.
The fines and jail terms are also of severe nature, almost
Rs one lakh and imprisonment between one to three years for
sexual assault as well as incest and Rs two lakh and seven
to 10 years jail term in case of a grave sexual assault.
"All persons, who keep with them or reside wholly, party
or in any form with one or more child/children who is not
related to them by blood, shall inform this fact immediately
to the Director of Women and Child Development", states
the bill.
The legislation makes it mandatory for every such person
to inform the director within three months, failing which
it proposes a fine of Rs one lakh and simple imprisonment.
Even owner and manager of a hotel or other establishment
will be now held solely responsible under this legislation,
if they do not ensure safety of the child in the premises
as well as all adjoining beaches, parks etc and if any child
is allowed to enter the room without registration.
In the hotels and other establishments, the children are
also prohibited from having access to Internet facilities
that are not fitted with filters and to any objectionable
material including through film or videos, disc-players, cable
or any other medium.
The legislation also provides for strong action against making
children available to the adults for commercial exploitation
including taking obscene photographs, selling or abetting
sale of children even under the garb of adoption and even
dedicating a girl child as devadasi.
The police and even airport authorities are empowered to
detain any adult moving with a child in a suspicious manner
while finding children for child trafficking and developing
their obscene photographs is also considered a serious offence.
On the other hand, the legislation also proposes sensitisation
of police personnel on the issue of child abuse and even making
it a part of the police training curriculum. Setting up of
the victim assessment units and evolving child-friendly tourism
code are also proposed in the legislation.
The government is also empowered to appoint persons to go
undercover and pose as a prospective client for child prostitutes.
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