Dangal actress Zaira Wasim, on Saturday (December 9) night, shared her ordeal via Instagram story claiming that a middle-aged man who was seated behind her on Vistara flight, moved his foot up and down her neck and back. The Mumbai Police have registered an FIR against the unknown person under section 354 IPC and POCSO Act in the alleged molestation case.
"We have recorded the statement of ZairaWasim and registering an offence accordingly," the Mumbai Police said.
Mumbai Police registers FIR against unknown person under section 354 IPC & POCSO Act in alleged molestation incident of actor #ZairaWasim
— ANI (@ANI) December 10, 2017
We have recorded the statement of #ZairaWasim and registering an offence accordingly: Mumbai Police on alleged molestation incident
— ANI (@ANI) December 10, 2017
The POCSO Act has been applied to Zaira's case because she is a minor. In the 17-year-old's case, the accused, if found guilty, can be sentenced to serve three to five years in prison.
While Vistara Airlines has apologised and condemned the incident and said that it will investigate the issue and will support Zaira in every way required without disclosing the name of the passenger, here are the punishments for such kind of offences under POCSO Act.
What is POCSO Act, 2012?
The Act defines a child as any person below 18 years of age, and regards the best interests and well-being of the child as being of paramount importance at every stage, to ensure the healthy physical, emotional, intellectual and social development of the child.
It defines different forms of sexual abuse, including penetrative and non-penetrative assault, as well as sexual harassment and pornography, and deems a sexual assault to be "aggravated" under certain circumstances, such as when the abused child is mentally ill or when the abuse is committed by a person in a position of trust or authority vis-à-vis the child, like a family member, police officer, teacher, or doctor.
People who traffic children for sexual purposes are also punishable under the provisions relating to abetment in the Act. The Act prescribes stringent punishment graded as per the gravity of the offence, with a maximum term of rigorous imprisonment for life, and fine.
Punishments for Offences covered in the Act
- Penetrative Sexual Assault (Section 3) on a child — Not less than seven years which may extend to imprisonment for life, and fine (Section 4).
- Aggravated Penetrative Sexual Assault (Section 5) — Not less than ten years which may extend to imprisonment for life, and fine (Section 6).
- Sexual Assault (Section 7) i.e. sexual contact without penetration — Not less than three years which may extend to five years, and fine (Section 8).
- Aggravated Sexual Assault (Section 9) by a person in authority — Not less than five years which may extend to seven years, and fine (Section 10).
- Sexual Harassment of the Child (Section 11) — Three years and fine (Section 12).
- Use of Child for Pornographic Purposes (Section 13) — Five years and fine and in the event of subsequent conviction, seven years and fine Section 14 (1). (Source: vikaspedia.in)
Meanwhile, Jammu and Kashmir Chief Minister Mehbooba Mufti on Sunday said she was appalled to hear about the molestation of Bollywood actress Zaira Wasim aboard Delhi-Mumbai flight by a co-passenger.
"Any harassment or crime against women should be dealt with swiftly and effectively. As a mother of 2 daughters I am appalled at what happened with Zaira Wasim. Hope the relevant authorities take strict action," she wrote on her Twitter page reacting to Zaira's statement.
Any harassment/crime against women shld be dealt with swiftly & effectively. As a mother of 2 daughters I am appalled at what happened with @zairawasimz. Hope the relevant authorities take strict action @airvistara @Ashok_Gajapathi @jayantsinha
— Mehbooba Mufti (@MehboobaMufti) December 10, 2017
Former Jammu and Kashmir Chief Minister Omar Abdullah also said the passenger should be identified by Air Vistara and a case should be filed.