What is Child Sexual Abuse?
The World Health Organization (WHO) defines Child Sexual Abuse (CSA) as “the involvement of a child in sexual activity that he or she does not fully comprehend, is unable to give informed consent to, or for which the child is not developmentally prepared and cannot give consent, or that violates the laws or social taboos of society. CSA includes an array of sexual activities like fondling, inviting a child to touch or be touched sexually, intercourse, exhibitionism, involving a child in prostitution or pornography, or online child luring by cyber-predators
Is the Child Sexual Abuse common in India?
In an article published on Pub Med in 2018- Child sexual abuse in India: A systematic review. Alarming statistics have come out from various studies, wherein as many as 53 percent reported experience of sexual abuse, defined as “sexual assault, and over 20 percent reported severe sexual abuse. This amounts to a very high number considering that 37% on Inia’s population is under 18.
Does it affect only girls?
Various studies have suggested that young boys in India have similar and sometimes higher prevalence of CSA as girls. The patriarchal society and existing social norms around manliness and focus on young girls as primary targets for CSA programs have not been able to protect the vulnerabilities of young boys.
What are the factors which increased risk of CSA?
Individual Factors like poor Socioeconomic conditions, Previous experience of CSA, Trafficked children, Nonconforming gender Identities. Family factors which cause lack of support to the child abused and a culture of silence about the CSA and Societal or Governance Factors like patriarchy, power differentials amongst class and castes, poor law enforcement, safety of women and lack of sanitation.
What factors known to increase perpetration of Child Sexual Abuse?
If the offender is known to victim, pathological family atmosphere, exposure in childhood to sexual acts and family norms of staying silent on perpetrators. Societal factors of not protecting the victims and not punishing the accused, poor law enforcements etc.
What are the effects of CSA on the child?
Feeling of guilt , shame, psychological and psychiatric disorders, sexually transmitted diseases like, HIV, Hepatitis B, unwanted pregnancies, Poor academic performance, social isolation, run away from home situations which further risks the child’s safety and life
What is POCSO Act
The Protection of Children from Sexual Offences Act, 2012, (POCSO Act) and its corresponding rules were enacted with the objective of protecting children from all kinds of sexual offences and ensuring that the judicial mechanisms for dealing with such offences are child friendly. However, the incidence of sexual abuse in children is extremely high and the rude shock is that the perpetrator is usually someone known to the child, someone whom the child may trust. The victim or even the parent for this reason is reluctant to approaching authorities for redressal. The general awareness on the POCSO Act is abysmal. The Pandemic led to confinement of children in homes and has led to increase in the incidences.
Does POCSO Act apply to both genders
Yes, It is a gender-neutral law bot for victim and the accused. The act talks of child under 18, so a child of any gender who has been sexually wronged has access to the remedies provided under the act. The act also does not distinguish between perpetrators of child sexual abuse on the grounds of gender, and there have been instances where the courts have convicted women for such abuse.
If I know of a CSA and I do not report. Can I be punished
Not reporting child sexual abuse is an offence under Section 19. Any person who suspects or has knowledge of a sexual offence being committed against a child should report it to the local police or the Special Juvenile Police Unit. Any person in charge of an organization who has knowledge and fails to report is liable to be punished with imprisonment and or fine under Section 21 of the act. Hushing up such an offense can lead to Criminal proceedings against that person.
Is there a time limit for reporting a child sexual abuse?
The child subjected to CSA may not be able to report or voice his trauma at the time of suffering or immediately after. Under POCSO Act there is no time limit or age bar to report a sexual. Consequently, a victim can report an offence at any time, even several years after the abuse has been committed. Therefore, organizations dealing with children in India cannot shun child sexual abuse complaints raised against their employees on the pretext of lapse of time
Will a child victim’s confidentiality be protected by the Law enforcers?
Section 23 of the POCSO Act prohibits disclosure of the victim’s identity in any form of media, except when permitted by the special courts established under the act. A violation of this section can attract punishments under the act, regardless of whether such disclosures are made in good faith. Reiterating this position, the Supreme Court issued a host of directions in 2018 forbidding, among other things, revealing a POCSO victim’s identity on social media.
What is Zero Tolerance in POCSO Act?
Institutions which house children, hostels, orphanages, special homes, all are required by law to adopt a zero tolerance to violence or abuse of children in their care, for this they should get periodic police verification and background check of every employee who is contact with the children. They should also, impart regular training and sensitize employees and children on their roles and responsibilities. The policies and procedures in the organization should clearly document the procedures for dealing with child abuse incidents to avoid arbitrary actions when such incidents happen.
A well-drafted child protection policy will clearly define the organization’s child abuse prevention measures and chart out a redressal mechanism to resolve child abuse incidents. In doing so, it will reflect the mandatory reporting obligation under the POCSO Act and vest authority in a specified group of individuals within the organization to address child abuse complaints and implement the policy. Most significantly, a robust child protection policy will inspire confidence that an organization will deal with child abuse concerns fairly and in accordance with the due process of law.
Helpline numbers
Call 1098 for CHILDLINE (a 24/7 national helpline) or email them at dial1098@childlineindia.org.in to seek any help for child abuse.
Link : https://www.indiacode.nic.in/bitstream/123456789/9318/1/sexualoffencea2012-32.pdf
