Tackling child abuse

IT is heartening that the Centre has tabled the Protection of Children Against Sexual Offences Bill, 2011, in the Rajya Sabha on Wednesday. This was long overdue since child abuse has not only increased in the country over the years but is also having a deleterious impact on child psyche. Data from the National Crime Records Bureau show that the number of cases of sexual offences against children has risen from 2265 in 2001 to 5769 in 2008. The gravity of the problem can be gauged by the fact that two out of every three children are physically abused. The Bill has some unique features to protect children against offences of sexual assault, harassment and pornography. It provides for imprisonment up to seven years and a fine of Rs 50,000 for those found guilty of sexually assaulting children. Sexual assault will also include fondling the child in an inappropriate way, which would invite a punishment of a minimum of three years in jail. The Bill, which will now be sent to the Standing Committee for examination and scrutiny, envisages establishment of special courts for trial of such offences.

Significantly, the Bill provides for treating sexual assault as an “aggravated offence” when it is committed by a person in a position of trust or authority over a child, including public servants. This is a very important provision because studies by the Union Ministry of Women and Child Development, UNICEF and Save the Children, an NGO, reveal that most of the time the sexual abuse was perpetrated by someone known to the child or in a position of trust and responsibility. Not surprisingly, most children did not report the abuse to anyone. Studies reveal that only 53 per cent of children reported having faced some form of sexual abuse.

The Bill is expected to fill the gap in Indian jurisprudence. Though 19 per cent of the world’s children live in India, the country has no special law at present to tackle the menace of child abuse. The Indian Penal Code does not spell out the definition of child abuse as a specific offence. Nor does it offer legal remedy and punishment for the offence. Moreover, the IPC laws are rarely interpreted to cover the range of child sexual abuse. Even the Juvenile Justice Law does not specifically address the issue. Despite all its merits, the Bill would help the country only if it is strictly enforced by the authorities after due enactment by Parliament.