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The 2012 Delhi gangrape case was one of those. Sometimes only a brutal consequence of a crime jitters up our judicial and public conscience. Why does a victim need to succumb to tell the tale of reform? The Hon’ble Court saying “putting a penis into the mouth does not fall in the category of aggravated sexual assault or sexual assault,” creates a bad precedent just a few after the Supreme Court put aside another contentious judgment on “skin-to-skin contact” with minors.Īlso read: ‘Grave error, unacceptable’ - why SC set aside Bombay HC’s ‘skin-to-skin’ contact POCSO verdict This was in a case that involved a man forcing a minor (boy) to having ‘oral sex’ for Rs 20.
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Now Allahabad High Court has interpreted forcible oral sex with minors as the “lesser” of the offences involving penetrative assault. Every child, irrespective of boy or girl, who faced sexual abuse – NCRB data recorded around 418,385 crimes against children in 2018-20, roughly one-third of which fell under Protection of Children against Sexual Offences (POCSO) Act, 2012 – went through a similar agony. Thus, such assaults led to high levels of recurring distress, and over time the trauma of being assaulted leaves one feeling scared, angry, guilty, anxious, confused and with post-traumatic stress disorder. In most cases, it takes a lot of time for a child to assert that there has been a continuous violation of their space and they have been coerced into doing things that one would not dare to and that too from a person whom they have seen their parents respect. Sexual violence and abuse in some or other form is an everyday reality for many. And between every trauma, tangible or intangible, adults have implied that we should just “get over it”. Since our childhood, we have been told to be strong and fearless and that “boys don’t cry”. Growing up within the confines of ‘values’ dictated by patriarchal systems has pushed us into gender binaries.