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Child Sexual Abuse in India: A Dark Reality

Sanam Hayat, Student, Chanakya National Law University, Patna

Abstract

Child abuse is the physical or psychological maltreatment of a child, can be differentiated into four major categories, physical abuse, emotional abuse, neglect and worst of all; the sexual abuse. Child Sexual Abuse (CSA) is a kind of physical or mental violation of a child with sexual intent, usually by a person who is in a position of trust or power vis-à-vis the child. World Health Organization (WHO) defines child sexual abuse as, ‘inappropriate sexual behavior with a child’ and ‘involving a child in sexually activity that he or she doesn’t fully comprehend, is unable to give informed consent to, or that violates the laws and social taboos of society.’ India is home to almost 19 percent of the world’s children. 42% of India’s total population is below eighteen years. In a shocking revelation, a Government commissioned survey has found that more than 53% of Indian children are subjected to sexual abuse / assault. Majority of these cases were perpetrated by someone known to the child or in a position of trust and responsibility. Addressing child sexual abuse is a challenge all over the world. But in India, shortcomings in both state and community responses add to the problem. Child abuse is shrouded in secrecy and there is a conspiracy of silence around the entire subject. In fact there is a well entrenched belief that there is no child abuse in India. A very large percentage of people feel that this is a largely western problem and that child sexual abuse does not happen in India. Part of the reason of course lies in a traditional conservative family and community structure that does not talk about sex and sexuality at all. Parents do not speak to children about sexuality as well as physical and emotional changes that take place during their growing years. As a result of this, all forms of sexual abuse that a child faces do not get reported to anyone and certainly there is no sexual abuse in the country. The Constitution of India recognizes the vulnerable position of children and their right to protection. Following the doctrine of protective discrimination, it guarantees in Article 15 special attention to children through necessary and special laws and policies that safeguard their rights. The right to equality, protection of life and personal liberty and the right against exploitation are enshrined in Articles 14, 15, 15(3), 19(1) (a), 21, 21(A), 23, 24, 39(e) 39(f) and reiterate India’s commitment to the protection, safety, security and well-being of all its people, including children. Despite the best intentions and plans in place, as well as two comprehensive legislations for the protection of children, The Juvenile Justice (Care & Protection of Children) Act, 2000 and the Protection of Children from Sexual Offences Act 2012, instances of child abuse have been known to occur in our schools, homes for children and other child care institutions as also in the child’s own residence. Child sexual abuse is a dark reality that routinely inflicts our daily lives but in a majority of cases it goes unnoticed and unreported on account of the innocence of the victim, stigma attached to the act, callousness and insensitivity of the investigating and the law enforcement agencies, etc. Merely enacting legislation will not be enough unless this is followed by strict enforcement of the law with accountability defined. The essay will focus on child sexual abuse in India, the laws, legal loopholes and The Protection of Children against Sexual Offences ACT, 2012.

 Introduction

“The most sophisticated people I know – inside they are all children.” 
― Jim Henson

The saying of Jim Henson, an American puppeteer is very true that’s why the One of the most important concerns of any society is the health, safety and well being of its children and young people as they don’t have a voice to protect their interests. They rely on adults for protection and sometimes it’s those same adults who violate their rights. Though every act of abuse is ghastly, there’s something particularly hideous about the sexual abuse of child.

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Child sexual abuse (CSA) is a universal problem with grave life- long outcomes.[i] It is the physical or psychological maltreatment of a child, can be differentiated into four major categories, physical abuse, emotional abuse, neglect and worst of all; the sexual abuse. Children are the greatest gift to humanity and their abuse is one of the most heinous crimes. Child Sexual Abuse (CSA) is a kind of physical or mental violation of a child with sexual intent, usually by a person who is in a position of trust or power vis-à-vis the child.

As defined by the World Health Organization, child sexual abuse is the involvement of a child in sexual activity that he or she does not fully comprehend, is unable to give informed consent to, or that violates the laws or social taboos of society. Child sexual abuse is evidenced by this activity between a child and an adult or another child who by age or development is in a relationship of responsibility, trust or power, the activity being intended to gratify or satisfy the needs of the other person.[ii]

The United Nations has defined child sexual abuse as contacts or interactions between a child and an older or more knowledgeable child or adult (a stranger, sibling or person in position of authority, a parent or a caretaker) when the child is being used as an object of gratification for the older child’s or adult’s sexual needs. These contacts or interactions are carried out against the child using force, trickery, bribes, threats or pressure.

Child Sexual Abuse in India:

About 19% of the world’s children live in India constituting 42% of India’s population. It distressing to state that Child sexual abuses are dark realities in Indian society like in any other nation. India has the dubious distinction of having the world’s largest number of sexually abused children with a child below 16 years raped every 155th  minute, a child below 10 every 13th hour and one in every 10 children sexually abused at any point of time. [iii]

According to the first ever National Study on Child Abuse in April 2007 covering 13 states in India and a sample size of 12,446mchildren, a disturbing number of 53.3% children reported sexual abuse. The survey also found that boys and girls were equally at risk. The most worrisome aspect was that 50% of the abusers were known to the children and the children trusted them.[iv]

According to the National Crime Records Bureau, the number of reported crimes against children more than doubled between 2012 and 2014. Nearly 90,000 such crimes were registered in 2014, of which over 37,000 involved kidnap and abduction, and nearly 14,000 involved rapes.[v] The WHO found that at any given time, one of ten Indian children is the victim of sexual abuse.[vi] These statistics represent the shocking reality of our country.

Child sexual abuse (CSA) has been a hidden problem in India, largely overlooked in public discourse and by the criminal justice system. Child abuse is shrouded in secrecy and there is a conspiracy of silence around the entire subject. In fact there is a well entrenched belief that there is no child abuse in India and certainly there is no sexual abuse in the country. Further, certain kinds of traditional practices that are accepted across the country, knowingly or un-knowingly amount to child abuse. Existing socio-economic conditions also render some children vulnerable and more at risk to abuse, exploitation and neglect.[vii]

 The subject of child sexual abuse is still a taboo in India. Part of the reason of course lies in a traditional conservative family and community structure that does not talk about sex and sexuality at all. As a result of this, all forms of sexual abuse that a child faces do not get reported to anyone and certainly there is no sexual abuse in the country. This silence is also due to the fear of indignity, denial from the community, social stigma, not being able to trust government bodies, and gap in communication between parents and children about this issue.

In India, Child sexual Abuse occurs in various spaces including the home, neighbourhood, schools, and temporary homes of shelter for abandoned and neglected children, railway platforms, jails and refugee camps. The problem is a serious, widespread, and deep rooted and is one that the community is hesitant to accept and acknowledge.

The Child and Law in India

The Constitution of India is the supreme law of the country. It guarantees several rights to children and enables the State to make provisions to ensure that the tender age of children is not abused. The Constitution recognizes the vulnerable position of children and their right to protection. Following the doctrine of protective discrimination, it guarantees in Article 15 special attention to children through necessary and special laws and policies that safeguard their rights. The right to equality, protection of life and personal liberty and the right against exploitation are enshrined in Articles 14, 15, 15(3), 19(1) (a), 21, 21(A), 23, 24, 39(e) 39(f) and reiterate India’s commitment to the protection, safety, security and well-being of all its people, including children. In case of any transgression of fundamental rights, Constitutional remedies by the Supreme Court and the High Courts can be resorted.[viii]

India has a full-fledged Ministry of Women and Child Development. The 12th Five Year Plan (2011-2016) of the Ministry of Women & Child Development has clearly stated that “Strict measures are required to ensure that abuse of the child for sexual purposes is prevented”.[ix]

The National Policy for Children, 2013, recognizes that “childhood is an integral part of life with a value of its own”. One of the key priorities of the Policy mandates the State to “create a caring, protective and safe environment for all children, to reduce their vulnerability in all situations and to keep them safe at all places, especially public spaces” and “protect all children from all forms of violence and abuse, harm, neglect, stigma, discrimination, deprivation, exploitation including economic exploitation and sexual exploitation, abandonment, separation, abduction, sale or trafficking for any purpose or in any form, pornography, alcohol and substance abuse, or any other activity that takes undue advantage of them or harms their personhood or affects their development” [x]

There are also several legislative initiatives pertaining to the rights of children to protection, security and dignity. These include  the Juvenile Justice (Care and Protection) Act 2000 (amended in 2006), Prohibition of Child Marriage Act (2006), the formation of the National Commission for Protection of Child Rights (2005), a National Plan of Action for children (2005), Right to Information (RTI) 2005, the Goa Children (amendment) Act 2005, the Child Labour (Prohibition & Regulation) Act, 1986 (two notifications in 2006 & 2008), expanded the list of banned and hazardous processes and occupation), Integrated Child Protection Scheme (2009) and advancing various legislations such as Right to Education Bill (2009) & Prevention of children from Sexual Offences (POCSO Act 2012) to protect, promote and defend child rights in the country.

India is also a signatory to a host of International Covenants and Instruments focusing on Child Protection In 1992, India accepted the obligations of the UN Convention on the Rights of the Child (CRC). The Hague Convention on the Protection of Children and International Cooperation in Inter-country Adoption (1993) was ratified on June 6, 2003, with a view to strengthening international cooperation and protection of Indian children placed in inter-country adoption. India has also accepted the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography as well as the Optional Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime.

Laws related with Child sexual Abuse in India

In 2012, the Parliament of India passed the Protection of Children from Sexual Offences Act. Until 201 there was no special law in India dealing with sexual abuse of child. Sexual offences against children acknowledged by the law were covered by sections 375, 354,377,509 of the Indian Penal Code (IPC) 1860. Obscenity and pornography were dealt under the Young Persons (Harmful Publications) Act, 1956. Under Section 67 of the Information Technology Act, 2000, publication and transmission of pornography through the internet was an offence.[xi]

Inadequacies in Criminal Laws

The ordinary criminal laws are totally inadequate to protect the children, who are victims of sexual abuse. They aren’t specific to children’s need. These sections do not include the common forms of child sexual abuse nor their impact on the children. The restrictive interpretation of “penetration” in the Explanation to Section 375of Indian Penal Code is an obstacle to cases of CSA. There is no provision to deal with the trauma of the child. The testimony of the child victim is not recorded sensitively by the police/judge/prosecutor magistrate. Trained personnel should interview the victim children. The language of the child is to be understood by the legal system. Under the present system the natural habitat of the victim is generally disturbed, which is a source of trauma to the child. The delays in the system at every stage further add to the trauma of the child victim.[xii]

Laws have no provisions for repeat offenders. The age of Child varies in every law. Section 354[xiii] lacks a statutory definition of “modesty”. It carries a weak penalty and is a compoundable offence. In Section 377,[xiv] the term “unnatural offences” is not defined. It only applies to victims penetrated by their attacker’s sex act, and is not designed to criminalize sexual abuse of children.[xv]

The rising incidents of  sexual  abuse of children in the country , inadequacies in existing law  and Increased activism around child protection issues in the media and public discourse accounted for the Government of India passing a special law called, ‘The Protection of Children from Sexual Offences (POCSO) 2012’. This Act criminalises sexual assault, sexual harassment, and pornography involving a child (under 18 years of age) and mandates the setting up of Special Courts to expedite trials of these offences.

The Protection of Children from Sexual Offences (POCSO) Act 2012

The Protection of Children from Sexual Offences Act, 2012, exclusively deals with the issue of sexual offences committed against children. The Act defines a child as any person below the age of 18 years and provides protection to all children under the age of 18 years from the offences of sexual assault, sexual harassment and pornography. The Act incorporates child friendly procedures for reporting, recording of evidence, investigation and trial of offences. The attempt to commit an offence under the Act has also been made liable for punishment for upto half the punishment prescribed for the commission of the offence. The Act also provides for punishment for abetment of the offence, which is the same as for the commission of the offence. This would cover trafficking of children for sexual purposes. For the more heinous offences of Penetrative Sexual Assault, Aggravated Penetrative Sexual Assault, Sexual Assault and Aggravated Sexual Assault, the burden of proof is shifted on the accused. [xvi]

The law provides for relief and rehabilitation of the child, as soon as the complaint is made to the Special Juvenile Police Unit (SJPU) or to the local police. Immediate & adequate care and protection (such as admitting the child into a shelter home or to the nearest hospital within twenty-four hours of the report) are provided. The Child Welfare Committee (CWC) is also required to be notified within 24 hours of recording the complaint. Moreover, it is a mandate of the National Commission for the Protection of Child Rights (NCPCR) and State Commissions for the Protection of Child Rights (SCPCR) to monitor the implementation of the Act. Disclosing the name of the child in the media is a punishable offence, punishable by up to one year.[xvii]

Salient features of POCSO

  • It is gender neutral.
  • It makes the reporting of abuse mandatory.
  • It makes the recording of sexual abuse mandatory.
  • It lists all known types of sexual offences towards minors.
  • It provides for the protection of minors during the judicial process.[xviii]

Provisions of POCSO

Police officers must bring every case to the attention of the Child Welfare Committee within 24 hours of receiving a report. The statement must be recorded in a place chosen by the minor, in the presence of a person that he/she trusts. The medico-legal examination for the collection of forensic evidence must be conducted only by a female doctor, in the presence of a person that the minor trusts. Special courts have been set up to conduct speedy, in-camera trials.

These courts must ensure that the minor is not exposed in any way to the accused during the recording of evidence, the minor is not made to repeat his/her testimony in court and that he/she can give the testimony using a video link, the case is disposed within one year from the date of the offence being reported, the defence routes all questions through the judge and is not allowed to ask them in an aggressive manner, an interpreter, translator, special educator or any other expert is present in court for the minor’s assistance, compensation for medical treatment and rehabilitation is given to a minor who has been sexually abused.[xix]

 Under POCSO punishment for Penetrative sexual assault,[xx] Aggravated Penetrative sexual assault,[xxi] non- Penetrative sexual assault,[xxii] Aggravated non- Penetrative sexual assault,[xxiii] Sexual harassment,[xxiv] Use of minor for pornographic purposes,[xxv] Attempt of offence,[xxvi] Abatement of offence,[xxvii] Failure to report an offence are recognized.[xxviii]

POCSO has definitely made a considerable contribution to tackling the problem of Child sexual abuse in India. The law has some unique features and is very comprehensive. However three main issues identified in the letter and spirit of the law could create potential problems for implementation in the Indian context. The issues are: inflexibility regarding age of consent for sex under 18 years of age; mandatory reporting obligations; and the inexact nature of age determination.[xxix]

Important Judicial Responses to Child Sexual Abuse

In Ankush Kumar v. State,[xxx] Justice P.S.Teji emphasised the need to protect children from Sexual abuse and held as follows;

“Child sexual abuse is one of the most pervasive social problems faced by our society. Its impact is profound because of the sheer frequency with which it occurs and because of the trauma brought to the lives of the children who have experienced this crime. Child sexual abuse is an epidemic. Children who have suffered sexual abuse at the hands of the sexual perpetrators do not only suffer from physical pain but are also subjected to mental and emotional trauma. The results of child sex abuse are severe and far reaching. As a society, it is important to recognize that the sexual exploitation of children is a very sensitive issue and must be addressed humanely. The effects of sexual abuse extend far beyond childhood. Sexual abuse robs children of their childhood and creates a loss of trust and may lead to depression and other serious emotional problems. The sexual victimization of children is ethically and morally wrong. Children who have been sexually abused face the social stigma attached to such offences and the discrimination they experience can make their difficulty worse and make it harder for them to recover. This is because the society in general has stereotyped views about sexual offences and how it affects people. The parents of such victims have even a greater role to play in helping and aiding the child in overcoming the trauma. Children are our country’s future and they need to be protected. Offences, particularly sexual offences, against them should not be neglected or taken lightly. Their proper development in every aspect is indispensible. The best interest and well being of the children must be regarded as being of paramount importance at every stage, to ensure the healthy physical, emotional, intellectual and social development of children”.

 Further, the Court directed all Criminal Courts to adopt all the reasonable precautions to ensure the true testimony of the child witnesses and to provide atmosphere and the circumstances to the effect that the child witnesses shall not be compelled by the circumstances, by the accused including the parents, from bringing truth before the Court.  The High Court also directed  to ensure that the child witnesses be examined in special court room meant for it and provide all the precautions available to the child victims under the Prevention of Children from Sexual Offences Act, 2012.

In the landmark  case of Sakshi v. Union of India, the court gave the following directions:

In holding a trial in the case of child sex abuse or rape:

(i) A screen or some such arrangements may be made wherein the victim or witnesses (who may be as equally vulnerable as the victim) do not see the body or face of the accused;

(ii) The questions put in cross-examination on behalf of the accused, in so far as they relate directly to the incident, should be given in writing to the Presiding Officer of the Court who may put them to the victim or witnesses in a language which is clear and is not embarrassing;

(iii) The victim of child abuse or rape, while giving testimony in court, should be allowed sufficient breaks as and when required.[xxxi]

The Delhi High Court allowed the evidence of victims of trafficking who had been rehabilitated in their home states to be recorded through video conferencing, in consonance with the judgment of the Supreme Court in the State of Maharashtra v. Dr. Praful Desai.[xxxii] This is the first instance of a court allowing evidence to be recorded through video conferencing in a case of trafficking.

Allahabad High Court, in a Petition filed by a minor rape Victim, requested the Government to frame suitable legislation in the matter of rehabilitation of rape victims. It also directed the state government to State Government make a fixed deposit of a sum of rupees ten lakhs in the name of Victim. A division bench of Justices Shabihul Hasnain and D. K. Upadhyaya  also remarkedThe question of rehabilitation of a rape victim can best be answered by the people and the masses and not by the courts alone. They should be accepted; not haunted by the society”. The Court expressed curiosity with regard to the fact that, despite innumerable pronouncements of the Indian judiciary regarding rape, as well as scheme for compensation, why sufficient legislation has not come forward on the question of rehabilitation.[xxxiii]

Regarding child prostitution in the light of devadasi and jogins practices, the Supreme Court asked governments to set up advisory committees to make suggestions for the eradication of child prostitution and to evolve schemes for the rehabilitation of victimized children.[xxxiv]

Madras High Court Judge Justice N. Kirubalan has suggested that the Central government consider castration as an additional form of punishment for child sex abusers. He said in a recent order that “When law is ineffective and incapable of addressing the menace, this court cannot keep its hands folded and remain a silent spectator, unmoved and oblivious of the recent happenings of horrible blood-curdling gang rapes of children in various parts of India,”. He said castration for child rapists would fetch “magical” results in preventing child abuse. The judge further said that “though the suggestion of castration looks barbaric, barbaric crimes should definitely attract barbaric models of punishment” and the very thought of the punishment should deter the culprit from committing the offence. He also directed the Union government to decide on introducing compulsory sex education for high school students.[xxxv]

The Court also issued the following Directions –

  • Central Government may consider constituting a commission headed by a retired Supreme Court Judge with experts from various fields namely jurists, psychiatrists, especially child psychiatrists, psychologists, neurologists, academicians, police officers, social workers child right activists, NGOs working for Welfare of children, etc. to collect information and to get views and opinions from various sections of the society about “physical child abuse” as the Central Government in its report filed before this Court, stated that there is little research on physical abuse of children in India.
  • The Union Government shall incorporate columns in Indian Visa forms issued to foreign nationals to give the details of their pending cases, cases of conviction etc. as provided in UK, Visa form.
  • Union Government shall permit the foreign nationals to start home, orphanages, shelters for children and orphans etc. after thoroughly verifying their antecedents from their respective country and INTERPOL.
  • Central Government as well as every State Government shall conduct massive awareness programme about a crimes against children as per Section as per Section 43 of the Act by way of films, documentaries, televisions, radio and print media, stage dramas, circulating pamphlets and conducting meetings and seminars in schools and colleges regularly as public awareness about POSCO Act has not been created so far.
  • The Central Government shall direct all the State Governments to give special training to medical practitioners to deal with and manage victims of child abusers as the medical professionals mostly do not have required training in this regard.[xxxvi]

Conclusion:

Child sexual abuse is a dark reality that habitually inflicts our daily lives but in a majority of cases it goes unnoticed and unreported because of the innocence of the victim, stigma attached to the act, insensitivity of the investigating and the law enforcement agencies, etc. Enactment of the Protection of Children from Sexual Offences Act, 2012 by the India’s parliament is a welcome initiative, but will only make a difference if they are implemented.

Child abuse in India is often a hidden phenomenon. This may be due to the structure of family in India and the role children have in this structure. Since children are often highly dependent on their parents and elders, they are often submissive and obedient to adults. Poor awareness has facilitated the continued perpetuation of such crimes.

Children need the assistance of trusted adults to protect them from sexual abuse, but the response of adults to these cases is often completely inadequate. They might not wish to deal with it on account of attracting social stigma to the family. As a result, most children who do decide to about their abuse do not receive the support they require. But even if the child is believed, he or she is often discouraged from filing a complaint. Police officers, family members, and influential voices in the community often prefer to handle allegations of abuse unofficially and discretely.

Only a trivial number of child sexual abuse cases are ever reported to the police.  The reasons behind is that children and their relatives is a fear that they will not be treated sympathetically. So, they choose not to come forward. It has been noticed that Cases of sexual abuse which are reported are handle in insensitive manner by the investigating and the law enforcement agencies. Majority of the healthcare professionals do not have the abilities and are not trained to examine and manage cases of child sexual abuse. So the result is he child is further traumatized.

 Court proceedings in India generally are a long and trying ordeal. In child sexual abuse cases, where the burdens of testifying repeatedly and over long periods of time fall on already traumatized children as well as parents, the complainants end up feeling battered by the process, in some cases leading them to withdraw their complaints. Special “child courts,” as envisaged by the new Protection of Children from Sexual Offenses Act, also fails to make a difference. According to National Crime Records Bureau (NCRB), a total of 8,904 cases were registered under the Act during 2014. In the past one year, only 12 cases have been disposed.

Addressing child sexual abuse is a challenge all over the world. But in India, shortcomings in both state and community responses add to the problem. A total of 8,541 cases (in the year 2012), 12,363 cases (2013) and 13,766 cases (2014) of child rape were reported . Despite the best intentions and plans in place, as well as two comprehensive legislations for the protection of children, The Juvenile Justice (Care & Protection of Children) Act, 2000 and the Protection of Children from Sexual Offences Act 2012, instances of child abuse have been known to occur in our schools, homes for children and other child care institutions as also in the child’s own residence. So, It is pertinent to protect the country’s greatest human resource. A country can progress only when the wellbeing of its children are ensured.

Recommendation

Child sexual abuse is a horrific, terrifying, shocking, cruel and brutal crime. In spite of many penal laws and the recent POSCO Act, 2012 prescribing severe punishment for crimes against children, the news of rapes of toddlers rocks the nation every now and then. The number of such cases has increased from 38,172 in 2012 to 58,224 in 2013 and to 89,423 in 2014. Now, the question arise how can we stop this terrible trend?

Education is the important key. The families and the community must be educated, informed and empowered so that they can provide care and protection to their children. Illiterate parents are ignorant of their children rights. They must be made aware of child/ rights, it is only possible through education.

The second most important lesson is public awareness. Public awareness about child abuse & neglect has to be raised & society attitudes have to change. Legislation alone will not bring sufficient impact unless awareness and public attitudes are changed. Awareness of their rights and information about governmental assistance would ensure proper utilization of various schemes and laws framed by the government.

Consistent implementation & enforcement of legislative framework are  also very important. The main challenge in India remains enforcement and the fact that there is a certain degree of impunity for those violating the law. Experience in India shows that while good laws and policies can be adopted by the central government, implementation is frequently a challenge.

Revamping of   our slow-moving judicial system is also required as a decisive justice system response is seldom seen in cases of child abuse. Despite the sharp increase in the incidence of crime, the rate of conviction in rape cases involving children in 2014 was an abysmal 31 per cent. Unless there is a rapid change in our judicial system and a quick redress system in place, the perpetrators would have scant fear of the law and will continue their shameful acts without remorse. The government needs to realise the seriousness of the situation and its long-term implications, and incorporate the changes as early as possible.

Parents, teachers have a vital role to protect children from sexual exploitation and abuse. Parents should fill the ambience of the home with good thoughts and deeds that would help raise more balanced children.  At school moral values need to be imparted and steps taken to ensure that the wards become better human beings.

Media should also play active role in educating and sensitising the society about child abuses and sex offences by giving required publicity about the existing laws against sexual offences especially child sexual offences.

Concerted efforts by the government, the police, the school authorities, the parents and the community in whole are needed if we want our children  to be  healthy, educated, safe, and happy and have access to life opportunities.

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[i] World Health organization, Child maltreatment, available at  https://www.who.int/topics/child_abuse/en/ , last seen on 10/11/15.

[ii] World Health Organization and International Society for Prevention of Child Abuse and Neglect, Preventing child maltreatment: a guide to taking action and generating evidence, 2006.

[iii] Ministryof Women and Child Development, Government of India , Study on Child Abuse: India 2007,  available at https://www.savethechildren.in/custom/recent-publication/Study_on_Child_Abuse_India_2007.pdf , last seen on 11/11/15.

[iv] Ibid

[v] Chandrika R. Krishnan, the world we miss today, The Hindu (03/11/15), available at  https://www.thehindu.com/opinion/open-page/the-world-we-miss-today/article7834731.ece , last seen 11/11/15.

[vi] Virani Pinki , Bitter Chocolate: Child Sexual Abuse in India,2000.

[vii] Supra 3

[viii] Art. 32 and Art.226, the Constitution of India.

[ix] Ministry of Women and Child Development, Government of India, Five Year Strategic Plan (2011-2016), available at  https://wcd.nic.in/sites/default/files/MWCD_Strategic_Plan_10-02-2011.pdf  , last seen on 12/11/15.

[x] Ministry of Women and Child Development, Government of India, The National Policy for Children, 2013, available at https://wcd.nic.in/sites/default/files/npcenglish08072013.pdf , last seen on 12/11/15.

[xi] Child Sexual Abuse and Law, Child Line1098, available at https://www.childlineindia.org.in/Child-Sexual-Abuse-and-Law.htm  last seen on 12/11/15

[xii]  Ibid

[xiii] S.354, The Indian Penal Code, 1860.

[xiv] S.377, The Indian Penal Code, 1860.

[xv] Child sexual abuse law and lacuna, Child Line 1098, available at https://www.childlineindia.org.in/child-sexual-abuse-law-and-lacuna.htm, last seen on 12/11/15.

[xvi] Supra 11 at 05.

[xvii] Rajeev Seth, Protection of Children from Abuse and Neglect in India, vol. 56 no. 5 Japan Medical Association, 292,296(2013), available at https://www.med.or.jp/english/journal/pdf/2013_05/292_297.pdf , last seen on 12/11/15.

[xviii] Decoding POCSO, Satyamev Jayate ,  available at https://www.satyamevjayate.in/default.aspx?aspxerrorpath=/childsexualabuse/decodingpocso.aspx ,  last seen 12/11/15.

[xix] Ibid

[xx] S. 4, The Protection of Children against Sexual Offences Act, 2012.

[xxi] S. 6, The Protection of Children against Sexual Offences Act, 2012.

[xxii] S.10, The Protection of Children against Sexual Offences Act, 2012.

[xxiii] Ibid

[xxiv] S.12, The Protection of Children against Sexual Offences Act, 2012.

[xxv] S. 14(1), The Protection of Children against Sexual Offences Act, 2012.

[xxvi] S.18, The Protection of Children against Sexual Offences Act, 2012.

[xxvii] S.17, The Protection of Children against Sexual Offences Act, 2012.

[xxviii] S.21, The Protection of Children against Sexual Offences Act, 2012.

[xxix] Jyoti Belur & B.B Singh, Child sexual abuse and the law in India: a commentary,Crime Science ,1,4(2015),available at  https://www.crimesciencejournal.com/content/4/1/26 , last seen on 12/11/15

[xxx] Ankush Kumar v. State , Crl. M.A. Nos.14412-14413/2015 ( Delhi High Court , 13/09/2015).

[xxxi] Sakshi v. Union of India,( 1999) 6 SCC 591

[xxxii] State of Maharashtra v. Dr. Praful Desai, AIR 2003 SC 2053.

[xxxiii] “A” through her father v. state of U.P, Writ Petition No. 8210/ 2015 (Allahabad High Court, 4/11/`15)

[xxxiv] Vishal Jeet v. Union of India, (1990) 3 SCC318.

[xxxv] Dennis S. Jesudasan , To put an end to abuse of children, HC suggests castration of rapists, The Hindu      (26/10/12), available at www.thehindu.com/news/national/to-put-an-end-to-abuse-of-children-hc-suggests-castration-of-rapists/article7803693.ece , last seen on 12/ 11/15.

[xxxvi] Castrate Child Abusers; Provide Sex Education for Children; Madras High Court, LiveLaw News Network , available at  https://www.livelaw.in/castrate-child-abusers-provide-sex-education-for-children-madras-high-court-read-jt/ , last seen on 18/11/15.

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