The child at Risk in India: Sexual Crimes Source of Evil
“Strength of India lies amongst the 600 million youth,
ignited mind of the youth is the most powerful resource on the earth, above the
earth and under the earth.”
-Dr. A. P. J Abdul Kalam
The article takes into consideration and focuses on the aspect
of child sexual abuse and its cause or root to other crimes, which also forms
child abuse like child trafficking, the child pushed into prostitution,
kidnapping for organized crimes, etc, and an attempt has been made to define
such offenses and scenarios in the Indian context under relevant legislation.
Children are victimized or subjected to such offenses.
In India, the Child A rights activist has drawn attention to several cases that might go unaddressed
and unreported, still, the matters are hushed by the police and resultantly the
data does not mirror the true social condition. The reported cases and figures
of NCRB are reported by the police, which is misleading, as per NCRB data of
2013-14, the case of trafficking (buying and selling of minor girls) has pegged
to 106[1] (6
and 100). The report reveals that crimes against children rose by 20 percent
–higher than an overall number of crimes which rose by 3.6 percent. The CRY
analysis is based on the latest National Crime Records Bureau for 2016-2017
data released on October 21, 2019, after a gap of two years.[2] During
the year 2018, a total of 71,176 children (22,239 male, 48,787 female, and 150
transgender) were traced, the NCRB data said: “The report also showed that cases of sexual
harassment in shelter homes against women and children reportedly increased by
30 percent, from 544 cases recorded in 2017 to 707 cases in 2018.”[3] As
many as 21,605 child rapes were recorded in 2018 which included 21,401 rapes of
girls and 204 boys, the NCRB data showed.
There is a certain provision that explicitly deals with sexual crimes and specifically protects
their rights. Under Indian Penal Code, Sections like 292 & 293, 361, 363A,
366A, 366B, 369, 372 & 373, 375, 376C which deals with selling,
distributing, publishing, circulation of obscene material under Section 292 to
any person who is below the age of twenty years is punishable under Section
293, deals with punishing offender who kidnaps a child (male if below 16 years
and female if below 18 years), kidnapping or maiming a child for the purpose of
begging, inducing of a minor girl under the age of 18 years to do any act that
may force or to seduce her to illicit intercourse with another person is
punishable under Section 366, kidnapping a child under the age of 10 years with
the intention to steal from such child, buying selling or hiring a person under
18 years of age for the purpose of prostitution or illicit intercourse with any the person or for any unlawful or immoral purpose is punishable under Section 372
& 373, ‘rape’ sexual intercourse with women with or without her consent
when she is under the age of 18, and when the Superintendent or manager of a
remand home or any other place established under the law of ‘children’s institution
induces or seduces a woman into sexual intercourse by taking advantage of his the official position, he is entitled to stringent under the Section 376C
respectively.
Under the Immoral
Trafficking (Prevention) Act, 1956, which was amended in 1986. This act deals
concerning the children deal with a person who procures or attempts to procure
any child for prostitution or persons who are found with a child in a brothel
(it is presumed that the child has detained for prostitution) and punishes
them. The object and purpose of the act were to protect women and children from
being exploited and inhuman activities going into institutions. It also mandates
that the institutions for women and children to get a license from the
concerned and appropriate authority before establishing or maintaining
institutions.
Under Juvenile
Justice (Care and Protection) Act, 2015 child-friendly approach is used in the
adjudication and disposition of matters involving children, the importance of
this Act in India is to extend the need of Care and Protection to the children
and also to the children who conflict with the law. It requires that the state
provide shelter homes, rehabilitation, and free legal support to the Juveniles.
Proper care and Protection is provided for those who are in need.
When we examine the intent of the other Acts like Child
and Adolescent Labor (Prohibition and Regulation), 1986 and Bonded Labour System
(Abolition) Act, 1976, which are concerning the interest of the children, it
puts forward that children are more prone to such offenses and can be easily
exploited and vulnerable as they are one of the weaker section of the society
which hardly acknowledges their identity as a person.
One of the important act dealing with the sexual
exploitation and offenses towards the children is the Protection of Children
from Sexual offenses Act, 2012, the Act aims to punish the offenders who are
guilty of sexual offenses against children below the age of 18 years of age. It
also lays down the procedure which is fast-track, and the identity of the
victim is not disclosed. Proceeding of the case is to be conducted in court
with camera recording of the trail, the accused is not to be kept in front of
the child victim during examination or cross-examination.
One of the important developments in child’s Rights has
been passing off the POSCO Act, 2012 (Protection of Children from Sexual
Offenses) which contains a detailed analysis of Act and subject matter. In
Jayakumar Nat v. State of NCT Delhi[4] the judiciary observed and revealed that the
fact how poor is the functioning of the Labour department, the Delhi Police and
Child Welfare Committee constituted under Section 29 of The JJ Act, 2000[5],
to keep pace with Judiciary.
Several uncountable
efforts by NGOs like Baachpan Bachao Andolan, CRY foundation, and certain policies
like Beti Bachao, Beti Padhao which is a government-initiated to encourage
children and especially girl child to undergo basic education and emerge out of
the web and darkness of illiteracy and discrimination. Public Interest
Litigation has been filed by the NGOs to seek the atrocities against children
by bringing the same in the light to the public and the authorities concerned.
On an alarming note,
I’ll conclude that more and more children who are not even in their teens are a
victim of such abuse, there is a need to have stringent legislation to check
abuse and a system where reporting and quick redressal of such cases concerning
child abuse is to be encouraged so that the Child Right can be protected by
Protection officers and Nodal officers, by expanding their role. Some other the aspect of the laws requires to consider the victim protection and witness
assistance.
Legislation plays an important tool for empowering
children. Realization of the child’s right and its child-friendly environment,
which involves the society (including individual as well as masses, like family
or community as a whole) to aware they about the need and role of the child’s right
by sensitizing it and preaching that ‘we all are under an obligation to give
the first call for children and above all create and sustain an environment in
which their rights can be realized and ascertained.’ It is a persuasion on a journey of social, legal, and moral reflection about the treatment of children
in society including family relations, community development.
[1] Ambica Pandit, Delhi Records Highest Number of
Crimes Against Kids, Times of India.
[2] Crime against children rises by 20 %: CRY Report,
November 26, 2019. The Hindu Business.
[3] Press Trust of India,109 children sexually
abused every day in India in 2018:NCRB, January 12, 2020
UPDATED: January 16, 2020, 18:54 IST, India Today.
[4] Delhi High Court, Judgement Dated 4th
September 2015.
[5] Juvenile Justice (Care and Protection of
Children) Act, 2000.
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