Siani J A, Advocate at Madras High Court (Madurai Bench), Madurai, TN, India
Abstract
Violence against women and children are prevailing worldwide. Historically it has been overlooked and condoned. There were no laws that existed in relation to prevention, prohibition and protection against sexual offences in earlier period. The leading judgment pronounced in Visaka’s case gave a radical change and pressurized the government to enforce the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. None of the Indian laws gives protection to male against the sexual offences. There is no specific codified law for the protection, prohibition, prevention against sexual harassment in India. On the other hand, in Jammu and Kashmir there is a specific codified legislation called Jammu and Kashmir Protection of Children from Sexual Violence Act, 2018. But, with the revocation of Article 370 in August 2019, the Jammu and Kashmir POCSO Act was repealed and replaced by the POCSO (Amendment) Act, 2019.The codified sexual offences Act not only helps the government to protect and prevent its people against the sexual offences but it also enables the government to conduct speedy trial and gives timely justice to victims. This paper concerns on the major issues of sexual offences against the individual and studies about the existing provisions related to sexual offences. The repealed Sexual violence Act 2018 in Jammu and Kashmir instigates the authors to learn about the possibilities and advantages of codified sexual offences Act in India and it discusses about the important provisions and main content to be included in the codified sexual offences Act in India.
Keywords: sexual offences, women, children, codified, protection.
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