Children are recognised as an essential element in the development of a nation. Since independence, India’s legislation and judiciary have worked hard to provide fundamental rights to children from the time of pregnancy until they achieve the legal age of maturity. There are four stages of child development wherein an individual not only experiences physical or biological changes, but even changes in psychological, mental, and emotional health. This transformation is noticeable in one’s moral beliefs, assumptions, and communication skills.
At a tender age, children are naive, vulnerable, and easy to exploit by society. A child is vulnerable to mental, physical, sociological, psychological, and emotional abuse from both within and without their family. It is not always the fault of a stranger to cause harm, but sometimes it is the fault of a child’s own parents. It is not that one would do evil, but rather that one would encourage a child to commit an offence. Children are universally recognised as the nation’s most valuable asset. The future of the country is directly dependent on how they are raised and cared for. It is for this reason that the Universal Declaration of Human Rights, adopted in 1948, states that children have the right to special care and assistance.
What is child abuse?
Child abuse is described as an act, failure, or negligence on the part of any individual, adult or child, that poses a serious threat to a child’s life and development and results in long-term physical and psychosocial effects on his or her health and well-being.
It can refer to injury or harm to a child’s survival, dignity, development, and socialisation caused by sexual, physical, emotional, or psychological maltreatment or exploitation. It is a real and prevalent problem that usually manifests itself through familiar channels such as parents, relatives, and guardians.
Child abuse, with all its forms and manifestations, is a worldwide challenge that has been misunderstood and unfairly treated. It is also very prevalent in India, where it is deeply embedded in social, economic, and cultural traditions.
According to reports, one out of every ten children will be sexually abused before the age of 18. Despite declining rates of reported sexual abuse, the average person is not fully aware of the complexity of the issue. Child sexual abuse is a lengthy problem in society, and over the years, cases of heinous acts have been reported, and there is a constant battle to eradicate such evil in society.
The government took the first step toward addressing the issue by enacting the Protection of Children from Sexual Offenses Act (POCSO) in 2012, but such laws and policies must be implemented in order to put a stop to this social scourge. According to studies, over 7,200 children, including infants, are raped every year; experts believe that many cases go unreported.
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Forms of Sexual Abuse
- Physical child abuse results in the likelihood of physical harm from a clash or interaction mostly under the control of a parent or other person in a position of dominance. This eventually results in concussions that are considered abuse regardless of whether the action’s intent was to cause harm.
Physical child abuse primarily comprises of the following actions or incidents:
- Excessive Punishment
- Beating or hitting a child
- Leaving a child in an undignified posture
- Forced Work Conditions
- Bullying
General signs of physical child abuse are unexplained bruises, welts or cuts, fearful or shy behavior, etc.
- Emotional child abuse is a set of behaviors that curtail the child’s emotional development, which is extremely difficult to establish. The absence of evidence in cases of child emotional abuse is viewed as a major challenge to the current child protection system. When other types of abuse are identified in a child, emotional abuse is almost always present.
Child emotional abuse primarily comprises of the following instances:
- Family violence by isolating a child
- Stigmatizing a Child
- Failure to provide a supportive environment
- Caregivers not responding to a child’s emotional needs
- Blackmailing a child
Signs of child emotional abuse are excessive shyness and fear, behavioral extremes, antisocial behavior, and inappropriate age behavior.
Child sexual abuse is primarily divided into two major types:
- CONTACT TYPE
- Kissing or holding in a sexually charged manner
- Forcing you to touch genital areas
- Vaginal or Anal Intercourse
- Sexual Exploitation
- Incest
- Rape
- TYPE OF NON-CONTACT
- Obscene Remarks
- Virtual Sex
- Solicitation Online
- Exposed to Pornography
- Sexually intrusive comments
- Voyeurism
Signs of sexual abuse
- Behavioral signs: The child may exhibit knowledge or interest in sexual acts that are inappropriate for his or her age, as well as seductive behavior or unusual behavior, such as being very aggressive or very passive.
- Physical signs: a child may have difficulty sitting or standing, as well as stained, bloodied, or torn underwear. Swelling, bruises, or bleeding in the genital area are warning signs.
- Signs of a care provider: The caregiver may appear to be unusually controlling and defensive of the child, limiting contact with other children and adults.
How to Report Child Abuse
Reporting of offences by any person, including children, seems to have become mandatory under Section 19 of the POCSO Act. Failure to report or record a case of child sexual abuse is punishable under Section 21 of the Act. A child, on the contrary, cannot be condemned for failure to disclose as specified in Section 21 (2). It makes it a legal obligation for anyone who has knowledge that a child has been sexually abused to report the crime; failure to do so can result in a six-month term of imprisonment and/or a fine.
According to the act, the child’s evidence should be recorded within thirty (30) days of the special court’s taking account of the offence, and the special court must also complete the trial as quickly as possible after taking account of the offence. It also states that the Special Court will hear cases in private and in the presence of the child’s parents or any other person in whom the child has faith and belief.
PUNISHMENT IN COMPLIANCE WITH POCSO, 2012.
- Section 4 of the POSCO Act provides for a sentence of not less than seven years in prison and up to life imprisonment, as well as a fine, for penetrative sexual assault.
- Under Section 6, agitated sexual assault committed by a person of trust or authority, including a police officer, would be punished with ten years in prison, with the possibility of life incarceration and a fine.
- Under Section 10 of the POSCO Act, non-penetrative sexual assault committed by a person with sexual intent is liable to be punished by not less than three years and up to five years in prison.
- If the agitated sexual assault is committed by an authority figure or a person in a fiduciary, it is punishable by a minimum of five years in prison and a maximum of seven years in prison under Section 10.
- Section 12 of the POSCO Act prescribes a three-year prison sentence as well as a fine for sexual misconduct.
Thus, according to Section 42 of the POCSO Act, if such an act or omission constitutes an offence punishable under this Act along with sections 166A, 354A, 354B, 354C, 354D, 370, 370A, 375, 376, 376A, 376C, 376D, 376E, or section 509 of the Indian Penal Code, the offender found guilty of such an offence will henceforth be liable to punishment under this Act.