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Child Sexual Abuse

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August 28, 2024

Why in news?

Recently, in a fake National Cadets Crops (NCC) camp in Tamil Nadu, School girls were subjected to sexual assault and abuse.

What is child sexual abuse?

  • Child – Protection of Children from Sexual Offences Act 2012 (POCSO), defines Child as any person below the age of 18.
  • Child sexual abuse - It is the sexual activity with a child by an adult, adolescent or older child.
  • Sexual assault, sexual harassment and using a child for pornography are the different forms of child sexual abuse.
  • Sexual harassment – It is when a person with sexual intent
    • Utters/ makes any word or sound or gesture or exhibits any object or part of body to the child
    • Makes the child exhibit his or her body
    • Shows anything to the child for pornographic purposes.
    • Repeatedly follows or contacts the child either directly or through electronic or other media
    • Threatens to use in any media a real or fake depiction of the involvement of the child in a sexual act
    • Entices the child for pornographic purposes.
  • Sexual assault - Any act done with sexual intent on a child involving physical contact
    • Touching the private parts of a child or making a child touch the private parts of another person
  • Penetrative sexual assault – It is a more serious offence where the offender
    • Penetrates his penis into the vagina, mouth, urethra or anus of a child or makes a child do the same.
    • Inserts any other object into the child’s body.
    • Applies his mouth to a child’s body parts.
  • Using a child for pornography - Using a child in any form of media (e.g. television channels, internet, etc) for the purposes of sexual gratification.

Status of Child Sexual Abuse in India

  • According to National Crime Records Bureau Data 2022,
    • Child abuse case – It increased by 8.7% reaching a total of 162,000 incidents
    • Child rape and penetrative assaults - 38,911
    • Sexual violence – It has surged by 96% from 2016 to 2022

What are the impacts of child sexual abuse?

  • Child sexual abuse can affect psychological and physical well-being, family and intimate relationships, faith, and education and career.
  • Dilutes the interpersonal relationships – It can cause difficulties in forming intimate and trusting relationships.
  • Affects emotional well-being - Victims experience depression, lack of trust in authority, thoughts of suicide, anxiety, self-harming and attempted suicide.
  • Deteriorates physical health - victims and survivors of child sexual abuse are affected by a physical injury such as internal damage and also prone to sexually transmitted diseases.
  • Difficulties in learning – Victims feel disengaged in school education and have learning difficulties due to the trauma.

What are the measures taken by India?

  • Policy measuresNational Policy for Children, 2013 provides for the multisectoral and multidimensional approach to secure the rights of children.
  • Institutional measures – Organizations work on prevention, punishment of child sexual abuse and protection of children.
    • NCPCR – National Commission for Protection of Child Rights, a statutory body under Commission for Protection of Child Rights Act, 2005.
    • SCPCR - State Commission for Protection of Child Rights, constituted under the 2015 Child Rights Act.
    • NCW - National Commission for Women, a statutory body established in 1992.
    • POCSO Court – They are Fast Track Special Courts (FTSCs) established under POCSO Act 2012.
  • Legislative measures - Protection of Children from Sexual Offences (POCSO) Act 2012 to protect children from offences of sexual assault, sexual harassment and pornography.
  • Juvenile Justice Act 2015 provides for penalties for committing offences against children.
  • Reporting mechanisms - POCSO e-box is an online complaint box for reporting child sexual abuse established by NCPCR.
  • EBaalNidaan is an online complaint registration system for general public to report various violations and deprivation of child rights.
  • Child Helpline 1098 is a 24 Hour emergency toll free phone service for children in need of care and protection.

Prevention of Child Sexual Abuse of School students

  • Develop a comprehensive pan-India strategy to eliminate all forms of child abuse in schools.
  • Implement physical security systems such as surveillance technologies, secure entry and exit points.
  • Regular training for staff on child protection.
  • Conduct a special discreet session of the parents and management for the purpose of ensuring vigilance of school children.
  • Develop policies and protocols for reporting and addressing abuse.
  • Ensure a fair and time-bound investigation.
  • Legally enforce child-abuse-free campus infrastructure, both tangible and intangible, in every school.

In loco parentis is a concept whereby, every teacher, principal, implicitly pledges to act as the parent of each child within the campus, nurturing and safeguarding them throughout their time there.

 What are the challenges?

  • Under reporting – Many cases of sexual abuse go unreported, making it difficult to address the issue effectively.
  • Stigma and shame – Societal attitudes often stigmatize victims, making it difficult for them to seek help or justice.
  • Lengthy legal processes – The legal process can be lengthy and traumatic for victims, often deterring them from coming forward.
  • Limited resources – Many jurisdictions lack sufficient resources to investigate and prosecute sexual abuse cases.
  • Close perpetrators – In most of the case the abuse is done by family persons, school.

What lies ahead?

  • Conduct education and awareness campaigns to prevent sexual abuse from occurring.
  • Provide support services for survivors, including counseling and legal assistance.
  • Ensure perpetrators are held accountable for their actions.
  • Promote a culture of respect and equality and removing harmful cultural norms.

References

  1. Swarajya | Child Sexual Abuse in a Fake NSS Camp
  2. Vikaspedia| Child Sexual Abuse
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