Child Sexual
Abuse
“Children
are God’s gift to mankind” is a phrase we hear so often in our lives. Our
culture, our values and our society teach us to look upon children as a gift
from the Almighty. Children are precious and they are treasured and special.
Yet we come across cases of children being abused and neglected, exploited and
tortured. As human beings, children have their rights. Children are innocent
and vulnerable and have no voice of their own to demand and assert their
rights.
Who
is a child?
Article 1 of the UN
Convention on the Rights of the Child [1] defines a child as a
person under eighteen years of age. The Preamble to Convention reminds us that
the 1959, Declaration of the Rights of the Child states that "the child,
by reason of his physical and mental immaturity, needs special safeguards and
care, including appropriate legal protection."
In
simple words, children are human persons who are below eighteen years of age,
who are physically and mentally immature and need special safeguards.
Children are dependent
on the adults around them to satisfy their fundamental needs. The parents,
guardians and caretakers are responsible for the development of the child’s
personality, talents and abilities.
Social
status of children:
A child is one of the
worst marginalized sections in the societal spectrum. Children are found in
most realms of institutions, and more so in places they are not supposed to be.
Child soldiers, child sex workers, child labourers, bonded labourers, child
brides, rag pickers, beggars, manual scavengers, domestic workers, camel
jockeys in dangerous races etc.
Statistics show that children make up
almost half the number of people trafficked each year, at least 1.2 million or
one every thirty seconds in the world.
The UN Secretary
General's Study on Violence against Children[2] has provided few
statistics to outline the situation of abuse and violence against children
across the world:
·
WHO estimates
that almost 53,000 child deaths in 2002 were due to child homicide.
·
In the
Global School-Based Student Health Survey carried out in a wide range of
developing countries, between 20% and 65% of school going children reported
having been verbally or physically bullied in school in the previous 30 days.
·
An
estimated 150 million girls and 73 million boys under 18 years of age have
experienced forced sexual intercourse or other forms of sexual violence
involving physical contact.
·
UNICEF
estimates that in sub-Saharan Africa, Egypt and Sudan, 3 million girls and
women are subjected to female genital mutilation every year.
·
The ILO
estimate shows that 218 million children were involved in child labour in the
year 2004, of whom 126 million were engaged in hazardous work. Estimates from the
year 2000 suggest that 5.7 million were in forced or bonded labour, 1.8 million
in prostitution and pornography and 1.2 million were victims of trafficking.
·
Only 2.4%
of the world's children are legally protected from corporal punishment in all
settings.
It is appalling to see that innocent
lives get crushed just because they are children and they have no voice of
their own to shout and resist abuse and violence.
Indian
Context:
India is the abode of almost 19% of the children in the world.
More than 1/3rd of the country’s population i.e. around 440 million
is below 18 years of age[3]. The world scenario on the
status of children reveals horrifying statistics of child abuse and neglect. The
situation of children in India[4] is no better than that of
the children in the world.
i.
Every
fifth child in the world lives in India.
ii.
Every
third malnourished child in the world lives in India.
iii.
Every
second Indian child is underweight.
iv.
Three out
of four children in India are anaemic.
v.
Decline
in female/male ratio is maximum in 0-6 years: 927 females per 1000 males.
vi.
1104 lakh
child laborers in the country (SRO 2000).
vii.
MMR is
equally high at 301 per 100,000 live births (SRS, 2001-03).
viii.
Children
born with low birth weight are 46% (NFHS-III).
ix.
Children
under 3 with anemia are 79% (NFHS-III).
x.
[5]From the year 2002 and year 2005 there was
a steep rise in the total number of crimes against children.
xi.
A total of 5972 cases of crimes against children were registered in 2002 while 14975 cases of crimes against children
were registered in 2005.
xii.
Incidence
of kidnapping and abduction of children were around 2322 in 2002; 2571
in 2003; 3196 in 2004 and 3518 in 2005.
xiii.
Reported
cases of child rape, one of the worst forms of sexual abuse, have increased in
number between 2004 and 2005, from 3542
cases to 4026 respectively,
indicating an increase of 13.7%.
Child Sexual Abuse:
Children are
abused and exploited. They face exploitation and violence. The violation of
their body in the form of rape, sexual assault and sexual exploitation, disintegrates
them as persons. Child rape is one of the worst forms of sexual abuse.
India[6] has the world's largest
number of sexually abused children. It is recorded that every 155th
minute, 1 child below 16 years is raped. It is horrendous that sexual crimes
against children are increasing to such an extent that 1 in every 10th
child is sexually abused at any point of time.
Child sexual abuse is
rampant in India. Children including infants get raped and sexually abused in
homes, schools, on streets and residential care facilities.
What
is child sexual abuse?
There is no universal definition of child
sexual abuse. A simple understanding would mean the involvement of a child in a
sexual activity or sexual activities that he or she does not fully comprehend
and which may involve physical contact with sexual intent can be termed as
child sexual abuse. The child is unable to give informed consent to such an
activity and the child is not developmentally prepared for such an activity.
Child sexual abuse violates the body and dignity of children and also the law
and social taboos. Children can be sexually abused by both adults and other
children, who are in a position of responsibility, trust or power over the
victim. Child Sexual Abuse may include masturbation, fondling a child’s
genitals, penetration, vaginal and anal intercourse. Child Sexual abuse is not
restricted only to involve physical contact but such abuse could include child
pornography, showing of pictures or videos to children with sexual intent,
taking pictures of the naked body of the child etc.
Facts
and Figures:
A government study of 2007[7] reveals the Indian
scenario in terms of Child Sexual abuse. It is pertinent to note that these are
only government figures of reported cases and the actual count may be much
more.
·
53.2 %
children reported having faced one or more forms of sexual abuse.
·
Andhra
Pradesh, Assam, Bihar and Delhi reported the highest percentage of sexual abuse
among both boys and girls.
·
21.90 %
child respondents reported facing severe forms of sexual abuse and 50.76% reported
having faced other forms of sexual abuse.
·
5.69%
children reported being sexually abused.
·
Most
children did not report the matter to anyone.
Effects
of Child Sexual Abuse:
Child Sexual Abuse leaves many scars of the body and mind of the
child. Child abuse casts a shadow
for the length of a lifetime.
A child who is
the victim of prolonged sexual abuse usually develops low self esteem, a
feeling of worthlessness and tends to be withdrawn. This child will have an
abnormal and distorted view of sex. Many children who have been sexually abused
have difficulty being in relationships, in relating with others. There is a
chance that some of these victims of child sexual abuse may become child
abusers or prostitutes.
Victims of
child sexual abuse may develop sleep problems and may bed-wet. They may refuse
to interact with the abuser, or refuse to go to school. These children may tend
to get unusually aggressive and may turn towards delinquent behavior. Sexually
abused children may have learning problems in school or they may show less
interest in studies. Few sexually abused children may exhibit suicidal
behavior. It is important that parents and caregivers also look for physical
signs of abuse like difficulty in walking, pain in the abdomen or private
parts, pregnancy or venereal disease, injury to the penis or scrotum or vaginal
injury.
Legal
provisions and safeguards:
India is a signatory to the International Covenant on Civil and
Political Rights (ICCPR), The Convention on Elimination of All forms of
Discrimination against Women (CEDAW) and the Convention on the Rights of the
Child (CRC) and this imposes an obligation on the government to protect the
children in the country from sexual abuse and violence.
The Constitution
of India recognizes the vulnerable position of children and their right to
protection. Article 15 (3) of the Indian Constitution calls for special
provisions and laws and policies to safeguard the rights of children. Children
as citizens of India have the Right to Equality, the Right against
Exploitation, Protection of Life and Personal liberty as enshrined in Articles
14, 15, 16, 21, 23 and 24 of the Constitution of India.
Major policies and legislations enacted
in the country ensure protection to children and their development and make
efforts towards the betterment of the status of children in society. Laws like
the Guardian and Wards Act, Factories Act, Hindu Adoption and Maintenance Act,
Bombay Prevention of Begging Act, Orphanages and Other Charitable Homes (Supervision
and Control) Act, National Policy for Children, Bonded Labour System
(Abolition) Act, Child Marriage and Restraint Act, Immoral Traffic Prevention
Act, Child Labour (Prohibition and Regulation) Act, Juvenile Justice (Care and Protection
of Children) Act, National Health Policy, National Charter for Children and
National Plan of Action for Children are relevant in the efforts that they make
to ensure that children are not exploited and abused but protected and
nurtured.
The Protection of
Children from Sexual Offences Act 2012:
The
Government of India enacted a special law to deal with cases of child
sexual abuse. The Protection of Children from Sexual Offences (POCSO) Act, 2012
came into force with effect from 14th November, 2012 along with the Rules
framed thereunder. The Act is a comprehensive law that provides for the
protection of children from the offences of sexual assault, sexual harassment
and pornography, while safeguarding the interests of the child at every stage
of the judicial process by incorporating child-friendly mechanisms for
reporting, recording of evidence, investigation and speedy trial of offences
through designated Special Courts. POCSO
defines a child as any person below eighteen years of age, and defines different
forms of sexual abuse, including penetrative and non -penetrative assault. It
defines 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. POCSO prescribes stringent punishment as per the gravity of
the offence, with a maximum term of rigorous imprisonment for life, and fine. The
Act also provides for mandatory reporting of sexual offences. POCSO casts a
legal duty upon a person who has knowledge that a child has been sexually
abused to report the offence if he fails to do so, he may be punished with six
months imprisonment and/ or a fine.
POCSO stipulates that a case of child sexual abuse must be
disposed of within one year from the date the offence is reported. It also
provides for the Special Court to determine the amount of compensation to be
paid to a child who has been sexually abused, so that this money can then be
used for the child’s medical treatment and rehabilitation. The said Act makes
the different agencies of the State, such as the police, judiciary and child
protection machinery, collaborators in securing justice for a sexually abused
child.
Recent
advancement and interventions:
In the wake of the
brutal rape of a five-year-old girl in Delhi, the Delhi Commission for
Protection of Child Rights (DCPCR) has formulated child protection guidelines
to cover different physical, emotional and sexual abuse, to address child abuse
within schools and other institutions."The guidelines take into account
all stakeholders and address the requirements spelt out in Rule-31 of the Juvenile
Justice (Care and Protection of Children) Act, 2000, and the Protection of
Children from Sexual Offences Act, 2012[8].
The state of Chhattisgarh
has announced the setting up of special children’s courts or Bal Nyayalays to
deal with cases of crime against children[9].
The recent Criminal Amendment
Ordinance also spells special provisions to uphold the interests of the child
and gives utmost importance to Child protection.
Conclusion Children need to be empowered to protect themselves. Personal
safety techniques need to be taught to them. They should be taught to
distinguish between good touch and bad touch. The importance of a child telling
a responsible adult about bad touches should be revealed to the child. The
myths relating to Child sexual abuse must be busted and parents and caregivers
should recognize their responsibility towards child safety and protection. They
should be informed about the support system and redressal mechanisms only then
will they encourage children to speak up and assert their rights
Author Biography:
Aileen S. Marques is a student of the
Mumbai University, LLM Course. She is a practicing Advocate of the High Court,
Bombay. She has been a student leader at the national level and traveled far
and wide throughout India. She has been the Member of the Editorial Board for
two years of monthly publication - the Rally, a magazine considered the voice
of the National AICUF. She is in the forefront to defend the human rights of
the marginalised sections of society and believes that the career one chooses
decides not only the course of one’s life but also becomes an instrument of
service to the community.
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