UPSC Essentials | Mains answer practice — GS 2 (Week 26)

QUESTION 2

How does mandatory reporting provision work under the Protection of Children from Sexual Offences (POCSO)? Discuss the recent Supreme Court rulings on POCSO Act.

General points on the structure of the answers

Introduction

— An introduction is essential and should be restricted to 3-5 lines. Remember, a one-liner is not a standard introduction.

— It may consist of basic information by giving some definitions from a trusted source and include authenticated facts.

Body

— It is the central part of the answer and one should understand the demand of the question to provide rich content.

— The answer must be preferably written as a mix of points and short paragraphs rather than using long paragraphs or just points.

— Using facts from authentic government sources makes your answer more comprehensive. Analysis is important based on the demand of the question, but do not over analyse.

— Underlining keywords gives you an edge over other candidates and enhances presentation of the answer.

— Using flowcharts/tree-diagram in the answers saves much time and boosts your score. However, it should be used logically and only where it is required.

Way forward/ Conclusion

— The ending of the answer should be on a positive note and it should have a forward-looking approach. However, if you feel that an important problem must be highlighted, you may add it in your conclusion. Try not to repeat any point from body or introduction.

— You may use the findings of reports or surveys conducted at national and international levels, quotes etc. in your answers.

Self Evaluation

— It is the most important part of our Mains answer writing practice. UPSC Essentials will provide some guiding points or ideas as a thought process that will help you to evaluate your answers.

THOUGHT PROCESS

You may enrich your answers by some of the following points

QUESTION 1: What does the Constitution say about the Governor’s role in giving assent to Bills?

Introduction:

— Article 200 specifically deals with the issue of granting assent to Bills.

— When a Bill is passed by the Legislative Assembly of a State or, in the case of a State with a Legislative Council, by both Houses of the Legislature of the State, it is presented to the Governor, who must declare whether he assents to the Bill, withholds assent, or reserves the Bill for consideration of the President.

Body:

— When a Bill passed by the legislature of a state is presented to the Governor, the Governor has four options:

(1) grant assent to the Bill;

(2) withhold assent to the Bills;

(3) return the Bills for reconsideration; or

(4) reserve the Bill for the consideration of the President.

— However, the Article contains an important caveat. It states that the Governor “may, as soon as possible” return Bills other than money Bills with a message requesting that the House reconsider it in part or in whole. However, if the Legislative House reconsiders the Bill and sends it back to the Governor, he “shall not withhold assent therefrom.”

Can a Governor in practice actually sit on a Bill forever?

— An indefinite timeline in deciding on Bills can in effect amount to paralysing the elected government. At the same time, giving assent to Bills is one of the few areas in which the Governor can exercise his discretion. But again, this discretion cannot be used arbitrarily or based on a personal preference, but only in Constitutional terms with cogent reasons.

— Furthermore, the word “shall” is used in Article 200, indicating that the framers of the Constitution intended a mandatory tone for the Governor on this issue.

Conclusion:

— Tamil Nadu’s Governor R N Ravi’s decision to withhold assent to 10 pending Bills has raised fresh legal questions on the powers of the Governor.

— Apart from Tamil Nadu, Kerala, Telangana, and Punjab too, have sought the intervention of the Supreme Court on the issue.

— Kerala in its plea has argued that three Bills have been pending with Governor Arif Mohammad Khan for more than two years, and three Bills for more than a year.

(Source: Governor’s right to withhold assent: The constitutional question before Supreme Court by Apurva Vishwanath)

Points to Ponder

How are Governors appointed?

Powers and functions of Governor

Related Previous Year Questions

Discuss the essential conditions for exercise of the legislative powers by the Governor. Discuss the legality of re-promulgation of ordinances by the Governor without placing them before the Legislature. (2022)

Discuss the essentials of the 69th Constitutional Amendment Act and anomalies, if any, that have led to recent reported conflicts between the elected representatives and institution of Lieutenant Governor in the administration of Delhi. Do you think that this will give rise to a new trend in the functioning of the Indian Federal Politics? (2016)

QUESTION 2: How does mandatory reporting provision work under the Protection of Children from Sexual Offences (POCSO)? Discuss the recent Supreme Court rulings on POCSO Act.

Introduction:

— Section 19 of the POCSO states that anyone having “apprehension” that an offence under POCSO is likely to be committed, or knowledge that such an offence has been committed, “shall” provide such information to the Special Juvenile Police Unit (SJPU) or the police. The term “any person” also includes a child who may report an offence.

— This reporting provision becomes binding due to Section 21 of the POCSO Act, which prescribes punishment for failing to report the commission of an offence under Section 19.

— Imprisonment of six months to one year, or a fine, or both is prescribed under Section 21.

— However, children cannot be held liable for failing to report the commission of a sexual offence. Similarly, children making false complaints or giving false information are also exempt from punishment under Section 22 of the Act.

Body:

Supreme Court Rulings

— In a series of decisions, the Supreme Court has held that failure to report such cases amounts to a serious crime.

— In Shankar Kisanrao Khade vs. State of Maharashtra, a two-judge bench of the Supreme Court ruled in 2013 that “the non-reporting of the crime by anybody, after having come to know that a minor child below the age of 18 years was subjected to any sexual assault, is a serious crime.”

— In this ruling, the Supreme Court imposed an even greater obligation on certain categories of professionals, such as doctors and those in charge of educational institutions, to report cases of child sexual abuse to the nearest Juvenile Justice Board or Special Juvenile Police Unit.

— In September 2022, a three-judge Supreme Court bench led by Chief Justice DY Chandrachud attempted to strike a balance between the mandatory reporting provision under POCSO and the confidentiality provision under the Medical Termination of Pregnancy Act, 1971.

— The court said that by insisting on disclosing the minor’s name in the report under Section 19(1) of POCSO, minors may be reluctant to seek out RMPs for safe termination of their pregnancies under the MTP Act.

— In reference to Rule 3B(b) of the Medical Termination of Pregnancy Rules 2003, as amended on October 12, 2021, which allows minors to terminate their pregnancy up to 24 weeks, the court stated that “it is necessary to harmoniously read both the POCSO Act and the MTP Act” to ensure its benefit to minors engaging in consensual activity.

(Source: How the mandatory reporting provision under POCSO works by Khadija Khan)

Points to Ponder

Other Sections of POCSO Act

Related Previous Year Questions

Does the Rights of Persons with Disabilities Act, 2016 ensure effective mechanism for empowerment and inclusion of the intended beneficiaries in the society? Discuss. (2017)

The Right of Children to Free and Compulsory Education Act, 2009 remains inadequate in promoting incentive-based system for children’s education without generating awareness about the importance of schooling. Analyse. (2022)

Previous Mains Answer Practice

UPSC Essentials: Mains answer practice — GS 1 (Week 24)

UPSC Essentials: Mains answer practice — GS 1 (Week 25)

UPSC Essentials: Mains answer practice — GS 2 (Week 25)

UPSC Essentials: Mains answer practice — GS 2 (Week 24)

UPSC Essentials: Mains answer practice — GS 3 (Week 26)

UPSC Essentials: Mains answer practice — GS 3 (Week 25)

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