Child abuse and Child sexual abuse in the Indian context.

Content

Introduction
Situational Analysis of Child Abuse and Child Sexual Abuse:
Impact on Children
Causes of Child abuse
Legislations and policies for the protection of children:
International Conventions and Commitments Dealing with Child Ab
Conclusion:

Introduction

"Child abuse is shrouded in secrecy, and a conspiracy of silence surrounds the matter as a whole. In fact, it is widely held that there is no child abuse in India, and certainly no sexual abuse of minors in the country. In addition, a number of widely accepted traditional practices constitute child abuse, whether intentionally or not. Some children are more susceptible to abuse, exploitation, and neglect due to existing socioeconomic conditions." 1 The above quotation from a research on Child Abuse undertaken by the Ministry of Women and Child Development, Government of India, sheds light on concerns associated with child abuse. Families and communities are responsible for the care and protection of children in India. A child requires care and protection not only because they cannot fight against the wrong done to them, but also because they are vulnerable and have limited capabilities to oppose any injustice. In modern society, children are victims of child abuse. Child abuse and child sexual abuse are a reality, even though they are hidden and rarely generally discussed. To adequately handle this issue, we must investigate it. Through this module, students will have the opportunity to be exposed to a variety of perspectives on the subject and will be able to read more about child abuse, its effects on children, and the measures done to safeguard them to date.

Definition

Child abuse is the physical, sexual, or emotional maltreatment or neglect of a child by a parent, teacher, or other caregiver, resulting in physical, psychological, or sexual harm. Domestic violence can occur in households, schools, orphanages, residential care facilities, on the streets, in the workplace, jails, and places of confinement.

Child Sexual Abuse: “Any sexual act performed with a child by an adult or an older child, can be termed as child sexual abuse”

The World Health Organization defines child abuse as all forms of physical and/or emotional ill-treatment, sexual abuse, neglect or negligent treatment, or commercial or other exploitation resulting in actual or potential harm to the child's health, survival, development, or dignity in the context of a relationship of trust or power.

"Child sexual abuse is a form of abuse in which an adult or teenager uses a child for sexual stimulation,"

Types of Child abuse

Neglectful behaviour can be considered as child abuse when -

Failure to provide Food, Clothing, Shelter, and other basic needs
Medical care or the supervision of the child's health, safety and well-being are not looked after.
Neglect is also a lack of giving attention, and not providing adequate necessities for the child's survival.

These actions can be considered as Physical Abuse -

Burning
Hitting,
Slapping,
Punching
Shaking,
Kicking
Beating,
Giving intoxicating substance,
Anything that would harm the child physically

These actions can be considered as emotional abuse when one can observe -

Lack of emotional attachment between child and parent.
Lack of responsiveness to emotional needs of the child.
Emotional blackmail.
The parent is being critical and negative of the infant/child.

These actions can be considered as sexual abuse -

Inappropriate sexual behaviour with a child, like:
fondling a child’s genitals,
making the child fondle the adult’s genitals,
sexual intercourse,
incest,
rape,
exhibitionism,
showing pornographic literature or films to the child, and any other act for sexual gratification of the perpetrator.

Situational Analysis of Child Abuse and Child Sexual Abuse:

Child abuse and child sex abuse are a reality, and the severity of the problem can be grasped through the following data.

Rate of abuse against children in India

The rate of abuse against children can be estimated from the reported incidence of crime. A total of 33,098 cases of crimes against children were reported in the country in 2011, as compared to 26,694 cases during 2010, suggesting an increase of 24.0%. Among IPC crimes, the number of cases under procurement of minor girls increased from 679 in 2010 to 862 in 2011, registering an increase of 27.0% in one year. Cases of kidnapping and abduction increased by 34.2%; an increase from 10,670 in 2010 to 15,284 in 2011. Uttar Pradesh (5,500), Madhya Pradesh (4,383), Delhi (4,250), Maharashtra (3,362), Bihar (2,233) and Andhra Pradesh (2,213) have accounted for 16.6%, 13.2%, 12.8%, 6.7% and 6.7% of total crimes respectively against children, at the National level

600,000–700,000 children are sexually molested in India6, according to estimates. 2013 June (http://www.chennaionline.com/ society/06). Sexual abuse of a child is described as when a child is used for sexual enjoyment by an adolescent or adult. Crimes against children are increasing at an alarming rate because corporal punishment is on the rise, child marriage trafficking is on the rise, and children are exposed to abuse anywhere, including in their homes, outside their homes, in schools and institutions, and at work.

Loveleen Kacker, Srinivas Varadan, and Pravesh Kumar conducted a study titled "Study on Child Abuse: India 2007" for the Ministry of Women and Child Development, Government of India, 2007 in Delhi.

India has the largest number of children (375 million) in the world; nearly 40% of its population are children below 18 years.
69% of Indian children are victims of physical, emotional, or sexual abuse (or read it as every 2 out of 3) and 90 % of the abuse are by their parents, and 68% by their family members.
New Delhi, the nation’s capital, has an abuse rate of over 83%.
89% of the crimes against children are perpetrated by their family members.
Boys face more abuse (>72%) than girls (65%). vi. More than 70% of cases go unreported and unshared even with parents/family.
Approximately 5 children die every day because of child abuse.
1 out of 3 girls and 1 out of 5 boys are sexually abused before the age of 18

On Physical Abuse of Children

Two out of every three children were physically abused.
Out of 69% children physically abused in 13 sample states, 54.68% were boys.
Over 50% children in all the 13 sample states were being subjected to one or the other form of physical abuse.
Out of those children physically abused in family situations, 88.6% were physically abused by parents.
65% of school going children reported facing corporal punishment i.e., two out of three children were victims of corporal punishment.
62% of the corporal punishment were in government and municipal schools.
The State of Andhra Pradesh, Assam, Bihar and Delhi have almost consistently reported higher rates of abuse in all forms as compared to other states.
Most children did not report the matter to anyone.
50.2% children worked seven days a week.

Sexual Abuse of Children

53.22% 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% other forms of sexual abuse.
Out of the child respondents, 5.69% reported being sexually assaulted.
Children in Assam, Andhra Pradesh, Bihar and Delhi reported the highest incidence of sexual assault.
Children on street, children at work and children in institutional care reported the highest incidence of sexual assault.
50% abusers are persons known to the child or in a position of trust and responsibility.
Most children did not report the matter to anyone.

Emotional Abuse and Girl Child Neglect:

Every second child reported facing emotional abuse.
Equal percentage of both girls and boys reported facing emotional abuse.
In 83% of the cases parents were the abusers.
48.4% of girls wished they were boys.

Impact on Children

One can determine that abusive behavior has long-lasting effects on children by seeing some of the following indicators: All forms of child abuse are detrimental to a kid's physical, emotional, and mental development. Any form of abuse has a negative impact on a child's overall development. Emotional effects are long-lasting and can be observed in an individual's adulthood. Frequently, if an abuser is using a child for commercial gain, such as for begging, sex trafficking, etc., the child is subjected to physical child and may lose physical fitness. The child may also be deprived of a balanced diet, emotional support, and psychological care and protection.

Causes of Child abuse

False ideas of parenting: parenting is a skill which is not taught or discussed in our Indian society. Many parents develop this skill by doing or learning on the job, so to speak. This experimentation may lead to false concepts of parenting like: children need to grow with the fear of punishment, by beating, scolding and other harsh measures that help to develop discipline in themselves.
Care Givers: care givers are persons who take responsibility for the children in case parents or family are not there to care for or protect the child. These may include relatives, institutions, trustees, police, agencies involved in child care and protection.
Friends: friends who beat up the child, tease, and use threats to make the child experiment physical as well as sexual activities. The child may find himself unable to protest and continue to be a subject of abuse.
Acquaintances: children believe in the person with whom they are familiar and cannot resist his or her behaviour easily, even though they find it uncomfortable.
Others in authority – such as teachers, soldiers, police officers and clergy, health care workers may use the child for their personal benefits, favours or pleasure.
Employers: children have less capacities to negotiate for compensation, it easy to throw them out of their job, children are available for lower salaries than adults,
Others: Any person who is not having concern or care for human rights in general and child rights in particular, may abuse the child. Pimps, people involved in producing pornographic movies, drug peddlers, thieves, shoplifters, etc. prefer children because they are less likely to be suspected by the police or other authorities.

Legislations and policies for the protection of children:

Protecting children from all forms of abuse is essential and the primary responsibility of the government and society. With the use of numerous laws, regulations, and programs, the government should safeguard children from exploitation.

Constitutional basis

The Constitution of India is a living, dynamic constitution, which ensures to all its citizens, certain values enshrined therein. Here we look at some of the articals related to children.

Article 14- The State shall not deny to any person equality before the law or the equal protection of laws within the territory of India.
Article 15 - The State shall not discriminate against any citizen. Nothing in this Article shall prevent the State from making any special provisions for women and children.
Article 21- No person shall be deprived of his life or personal liberty except according to procedure established by law.
Article 21 A- the State shall provide free and compulsory education to all children of the age of 6-14 years, in such manner as the State may, by law, determine.
Article 23 - Traffic in human beings and other forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with the law.
Article 24- No child below the age of 14 years shall be employed to work in any factory or mine or engaged in any other hazardous employment.
Article 45- The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years.
Article 243G read with Schedule 11- Provide for institutionalization of child care by seeking to entrust programmes of Women and Child Development to Panchayat (Item 25 of Schedule 11), apart from education(item 17), family welfare(item 25), health and sanitation (item 23) and other items with a bearing on the welfare of children

The 86th amendment to the Constitution Act, enacted in 2002, mandates free and compulsory education for all children ages 6 to 14. This amendment could serve as a tool for empowering children through education.

Policies/Programmes for children in India

National Policy for Children, 1974 and 2013: The 1974 National Policy for Children identifies children as the nation's most valuable resource.

The national strategy also stipulates that programs for children must be designed in such a way that they develop into healthy, physically fit, mentally active, morally and spiritually sound adults. Survival, health, nutrition, development, education, protection, and participation are the key priorities of the National strategy for children in 2013; these are the inalienable rights of every child.

The National Policy on Education, 1986 (amended in 1992) specifies that "corporal punishment would be firmly removed from the educational system." However, only 17 states and union territories in India have banned corporal punishment in schools.

National Policy on Child Labour, 1987: This policy acknowledges the necessity for a methodical and sequential strategy to eradicate child labor, as well as the need for the rehabilitation of children involved in this area.

The policy document describes the many methods and action plans that must be implemented to combat this problem and rehabilitate the youngsters.

National Nutrition Policy, 1993: This policy describes the nutritional needs of children in light of their growth and development, immunization, and efforts to prevent malnutrition.

National Health Policy, 2002 and National Health Policy, 2015 The draft National Policy on Health is accessible for public comment in order to generate a policy statement that is well-balanced and integrated. It examines the health state of our population, particularly the rate of childhood immunizations.

National Charter for Children, 2004; it guarantees the child's inalienable right to a happy and healthy upbringing. This charter is intended to address the underlying causes of child abuse and neglect and to raise societal awareness of the need to safeguard children from harm.

2005 National Action Plan for Children: This plan addresses child survival, child growth, child safety, etc., and pledges to preserve all children's rights.

The Integrated Child Protection Scheme, 2009: this scheme is intended to give children with a safe and secure environment. This also tries to consolidate numerous existing programs under one umbrella.

Legislations Dealing with Child Abuse

On the basis of Constitutional provisions, policies, schemes etc. many machanism are being developed for ensuring child protection, but the best are legislations. Let us get familiar with the names of some of the legislations

The following is a list of some prominent legislations in India dealing with the issue of child abuse and/or child sex abuse:

he Indian Penal Code, 1860.
The Guardians and Wards Act, 1890.
The Hindu Adoption and Maintenance Act, 1956.
The Probation of Offenders Act, 1958.
The Orphanages and Other Charitable Homes (Supervision and Control) Act, 1960.
The Bonded Labour System (Abolition) Act, 1976.
The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1987.
The Immoral Traffic Prevention Act 1956.
The Child Labour (Prohibition and Regulation) Act,1986.
Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994.
Persons with Disabilities (Equal Protection of Rights and Full Participation) Act, 2000.
The Juvenile Justice (Care and Protection of Children) Act, 2000.
The Information Technology Act, 2000.
The Commissions for Protection of the Rights of the Child Act, 2005.
The Prohibition of Child Marriage Act, 2006.
The Right of Children to Free and Compulsory Education Act, 2009.
The Protection of Children from Sexual Offences Act, 2012.

2012's "Protection of Children from Sexual Offenses Act" is the most recent law in India addressing child abuse. This Act outlines several sexual offenses, including Penetrative Sexual Assault, Sexual Assault, Sexual Harassment, and the Use of a Child for Pornographic Purposes.

The National Commission for Protection of Child Rights (India) has developed 'Guidelines for Eliminating Corporal Punishment in Schools' as an additional measure to avoid child abuse in schools.

International Conventions and Commitments Dealing with Child Abuse

India has signed the following international accords:

The United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules), 1985 which endeavour to provide a stabilising environment to a juvenile and a juvenile in conflict with the law, so as to reduce and reform delinquent behaviour.
The United Nations Convention on the Rights of the Child, 1989 – A convention which states that in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration and appropriate legislative, administrative, social and educational measures are taken to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has to take care of the child.
The Optional protocol to the convention on the rights of the child, on the sale of children, child prostitution and child pornography.
The Optional Protocol on the Involvement of Children in Armed Conflict SAARC.
The United Nations Convention on Prevention and Combating Trafficking in Women and Children for Prostitution emphasizes that, the evil of trafficking in women and children for the purpose of prostitution is incompatible.

Conclusion

Despite these efforts, child abuse and child sex abuse continue to exist. Protecting our children from all forms of maltreatment should be our first priority. We must take into account the uniqueness of each child and his or her specific sociocultural demands. The magnitude of the situation necessitates the inclusion of child abuse on the national agenda. The Ministry (Ministry of women and child) has taken actions such as the enabling legislation to establish the National and State Commissions for Protection of the Rights of the Child, the Integrated Child Protection Scheme, and the draft Offenses against Children Bill, among others. These are crucial measures to safeguard the protection of the country's children. But obviously, this will not suffice. Government, civil society, and communities must complement one another in their efforts to create a safe environment for children. In order to ensure the protection of children in this country, the momentum acquired must be used to promote further discussion on the subject among all parties involved and to launch a movement.