New Delhi: A new controversy has emerged around Ekta Kapoor, a well-known TV and web series producer, as she and her mother, Shobha Kapoor, face allegations under the POCSO Act. The charges relate to season 6 of “Gandii Baat” on the OTT platform Alt Balaji. The accusations claim that the show featured objectionable scenes involving minor girls, triggering serious legal consequences for the Kapoors.
This development has raised awareness about the POCSO Act (Protection of Children from Sexual Offenses Act) and its scope. Here’s everything you need to know about the case and the law governing it.
What Is the POCSO Act and Why Does It Matter?
The POCSO Act, introduced in 2012, aims to protect children under 18 from all forms of sexual abuse and exploitation. The act is gender-neutral, meaning it applies equally to both boys and girls. It criminalizes a wide range of offenses, including sexual assault, harassment, and using children for pornographic content.
The law prescribes strict penalties:
- Using a minor in pornography: 5 to 7 years of jail time.
- Possessing or distributing child pornography: 3 years of imprisonment or fines, or both.
- Sexual assault: Minimum of 10 years in jail.
- Crimes involving children under 12: Can lead to the death penalty for severe offenses.
Ekta Kapoor’s Case and the Legal Process Ahead
Legal expert Advocate Anil Kumar Singh explains that if the allegations are proven in this case, Ekta Kapoor and Shobha Kapoor could face jail time of up to 5 years under Section 14 of the POCSO Act. If they are found guilty of repeating similar offenses in the future, the punishment could extend to 7 years.
The accusation is based on the filming of minors in an objectionable manner, which qualifies as a serious crime under the POCSO framework. Even if these scenes were part of fictional storytelling, the law treats such content as exploitation.
Legal Challenges and Loopholes in the System
While the POCSO Act provides stringent rules, implementing them effectively is a challenge:
- Low representation of women in police force: As per the law, a woman sub-inspector must record the victim’s statement, but with only 10% women in the force, this rule is often hard to follow.
- Delays in investigation: Although the law mandates filing a charge sheet within 30 days, investigations often take months due to limited resources and complex forensic processes.
Moreover, cases of photographing or recording videos at crime scenes are sometimes mishandled, leading to compromised evidence.
The Role of Judicial Magistrates in POCSO Cases
The POCSO Act requires judicial magistrates to record the victims’ statements, ensuring that the investigation is fair. However, in practice, these statements are rarely questioned during trials, and witnesses turning hostile can weaken cases. Despite provisions for audio-video recording during investigations, many cases suffer due to poor documentation and lack of protection for victims.
The Rise of POCSO Cases and Pending Backlog
POCSO-related offenses have seen a dramatic rise in recent years.
- 2020: 2,81,049 cases were pending.
- 2022: This number surged to 4,17,673 cases, with only 6-7% of cases resolved annually.
A 2017 study by Fast Tracking Justice indicated that, at the current pace, it could take 20 years to resolve the backlog of pending POCSO cases from 2016 alone.
Consequences for Ekta Kapoor if Found Guilty
If the allegations are confirmed during the investigation, Ekta Kapoor could face serious consequences:
- First offense: Up to 5 years of imprisonment and fines.
- Repeat offense: Up to 7 years in jail and harsher penalties.
Given the public nature of the case and the involvement of OTT content regulations, Kapoor’s legal team may argue on the grounds of creative freedom, but the POCSO Act prioritizes child safety over artistic expression.
