“I am a 19 year old girl and I am a victim of child sex abuse and child pornography.” So begins the powerful “Statement by Amy,” “I am still discovering all the ways that the abuse and exploitation I suffer has hurt me, has set my life on the wrong course, and destroyed the normal childhood, teenage years, and early adulthood that everyone deserves,” says Amy. Despite of such young age, the victim of this type of this child abuse specifically known as sexual abuse remembers the abuse vividly. She says, “At first he showed me pornographic movies and then he started doing things to me. I remember that he put his finger in my vagina and that it hurt a lot. I remember that he tried to have sex with me and that it hurt even more. I remember telling him that it hurt. I remember that much of the time I was with him I did not have clothes on and that sometimes he made me dress up in lingerie. And I remember the pictures.” This is not one such case there are many which will leave us speechless. One such case is where a 16-year-old mentally challenged girl has told the sessions court the story of how she was raped, sodomized, beaten, tortured and intimidated for years at a state-supported orphanage by the institution’s authorities. This is only one type of child abuse which is mentioned but there are more like Physical Abuse, Emotional Abuse, Sexual Abuse, Neglect or negligent treatment and Exploitation.
Physical abuse is when a child has been physically harmed due to some interaction or lack of interaction by another person, which could have been prevented by any person in a position of responsibility, trust or power.
Emotional abuse can be seen as a failure to provide a supportive environment and primary attachment figure for a child so that they may develop a full and healthy range of emotional abilities. Emotional abuse is also the act of causing harm to a child’s development, when they could have been within reasonable control of a person responsible for the child. Examples of these acts are restricting movement, threatening, scaring, discriminating, ridiculing, belittling, etc. In India a rising concern is the pressure children feel to perform well in school and college examinations, which can be seen as a form of emotional stress and abuse.
Sexual abuse is engaging a child in any sexual activity that he/she does not understand or cannot give informed consent for or is not physically, mentally or emotionally prepared for. Abuse can be conducted by an adult or another child who is developmentally superior to the victim. This includes using a child for pornography, sexual materials, prostitution and unlawful sexual practices, as mentioned or cited in the previous case.
Neglect or negligent treatment is purposeful omission of some or all basic needs of the child by a caregiver with the intention of harming the child. This includes the failure on the part of the person of protecting the child from a harmful situation or environment when feasible.
Exploitation can be commercial or otherwise, where by the child is used for some form of labour, or other activity that is beneficial for others. Example: child labour or child prostitution.
Statistics: Despite of huge development, India is still witnessing such rampant amount of child abuse which is horrifying. In a shocking revelation, a government commissioned survey has found that more than 53% of children in India are subjected to sexual abuse, but most don’t report the assaults to anyone. This is only the ratio of sexual abuse but there are also various child abuses which are increasing at an alarming rate. The survey, sponsored by WCD ministry and carried out by the NGO Prayas in association with Unicef and Save the Children, found that over 50% children were subjected to one or the other form of physical abuse and more boys than girls were abused physically. The first-ever survey on child abuse in the country disclosed that nearly 65% of schoolchildren reported facing corporal punishment like beatings by teachers mostly in government schools. Of children physically abused in families, in 88.6% of the cases, it was the parents who were the perpetrators. More than 50% had been sexually abused in ways that ranged from severe such as rape or fondling to milder forms of molestation that included forcible kissing. Also there is another high ratio where the children are involved as labours.
Laws: Many stringent laws are framed regarding this problem but none could fully erase off this dirt of child abuse. Although government has tried its best by enacting laws like CSA(Child Sexual Abuse) and POSCO( The Protection of Children against Sexual Offences Bill, 2011).
Firstly talking about CSA, it contains a lot of drawbacks like at present CSA cases are handled under various sections of the IPC, which are laws meant for adults. There are very few sections under the IPC that deal with CSA. Rape is an offence under the IPC, but lesser forms of sexual offences against children, are covered by grossly inadequate and inexact provisions such as “outraging the modesty of a woman.” How do we define modesty and apply Section 354, on outraging the modesty of women, with respect to children? The gravity of the offence under Section 509, dealing with obscene gestures, is less. Secondly POSCO, to protect children against sexual abuse, sexual harassment and child pornography the Union Cabinet has passed a first-of-its-kind Bill in March 2011, dealing exclusively with sexual offences against children which threaten stringent action against the offenders and providing for Establishment of special courts for trial of such offences. A jail term up to 7 yrs and a fine of Rs.50,000 for such crimes The new law will cover all new aspects of sexual offences against children not covered elsewhere. Along with these laws there are various other laws which help in curbing this menace of child abuse.
Conclusion: Child abuse in India is often a hidden phenomenon especially when it happens in the home or by family members. Focus with regards to abuse has generally been in the more public domain such as child labour, prostitution, marriage, etc. Intra-family abuse or abuse that takes place in institutions such as schools or government homes has received minimal attention. This may be due to the structure of family in India and the role children have in this structure. Children in India are often highly dependent on their parents and elders. Numbers of cases of child abuse in the home are hard to attain because most of these crimes go unreported. And also most importantly India lacks in proper legal system, so more efficient laws should be framed to improve the situation.
Opinion: In my opinion firstly efficient laws should be framed and also individual role should be taken up seriously like being a law student I should spread awareness regarding it and people who know about this should also do the same. While playing individual role we should keep three things in mind to educate other people regarding child abuse and making them aware of their rights, to participate in order to bring the change in the society and to advocate or express your views against the wrong.
Shubhangi Gupta
Nirma University.
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