Sexual Abuse against Children

Sexual Abuse against Children[1]

Children are the foundation upon which the structure of a nation stands. Therefore, the society needs to guard this precious but vulnerable section, for building a healthy structure and bright future. With the pervasion of globalization as transcendental phenomenon, children have become a neglected entity. Sexual violence, abuse and exploitation against the children are the menace witnessing the alarming rise in number of its victims. Most of the times, such incidents go unreported and unnoticed. The reason behind it is the inability of children to express themselves explicitly, especially when they are threatened and suppressed by the offender. Physical, emotional and psychological traumas are some of the nefarious consequences of this malicious phenomenon. This project aims at creating awareness by raising certain issues and proposing the possible solutions to this problem.
Sexual abuse and exploitation of children are the stark realities of the society. Its existence is undeniable and pervasive in nature. That is to say, it exists in all classes of the society irrespective of any distinction. The effect of this problem can be discerned right from the palaces of the affluent to the huts of the pauper. Children being the most nascent form of life with rudimentary sense of expression fall prey to the perverted mindset of certain adults. Various researches and certain cases which came into cognizance of the machinery of the state have revealed the real status and level of this heinous crime. It would not be an exaggeration to state, that it is the need of the hour that some serious deliberations pertaining to this issue should be seriously pursued.

Definitions
Sexual abuse and exploitation is a fact, even if not supported by precise figures. Child abuse does not have any uniformly accepted definition. In the simplest terminology, it can be defined as an activity relating to sex organs engaged in for sexual gratification, which takes advantage of, violates, or deceives children or young people.
Child Sexual Abuse (CSA) has been defined as any kind of physical or mental violation of a child with sexual intent usually by a person who is in a position of trust or power vis-à-vis the child. CSA is also defined as any sexual behaviour directed at a person under sixteen, without informed consent.
CSA has been defined by The Standing Committee on Sexually Abused Children[2] as: ‘Any child below the age of consent may be deemed to have been sexually abused when a sexually mature person has by design or by neglect of their usual societal or specific responsibilities in relation to the child engaged or permitted engagement of that child in activity of a sexual nature, which is intended to lead to the sexual gratification of the sexually mature person. This definition pertains whether or not it involves genital or physical contact, whether or not initiated by the child and whether or not there is a discernible harmful outcome in the short run.’
Even the religion forbids such a sin and harshly condemns it. Every religion regards children as the form of God on earth. Any such misdemeanor against the child is nothing less than sacrilege. There are many religious scriptures and preaching which flak the abuse of the child. The effect of such acts can distort the personality and the capability of the children.
The United Nations has defined CSA as contacts or interactions between a child and an older or more knowledgeable child or adult (a stranger, sibling, or person in a position of authority, such as a parent or a caretaker), when the child is being used as an object of gratification for the older child’s or adult’s sexual needs. These contacts or interactions are carried out against the child, using force, trickery, bribes, threats, or pressure.’[3]
In absence of uniform definition it becomes very difficult to deal with this problem because law enforcement machinery feels the lack of adequate provisions that could curb the sexual abuse of the child. But various national and international legal instruments act as the guiding principles and a ray of hope to tackle this problem.

Identifying Features of Sexual Abuse against Children
The lack of knowledge about the actions constituting sexual abuse of children is the major problem which needs to be redressed in order to eliminate this evil from the society. Some of such features based on various studies are discussed in the following paragraphs.
Sexual abuse can be physical, verbal or emotional and includes:
touching and fondling of the sexual portions of the child’s body (genitals and
anus) or touching the breasts of pubescent females, or the child’s touching the sexual portions of a partner’s body
sexual kissing; penetration, which includes penile, digital, and object penetration
of the vagina, mouth or anus; child to adult sexual activity or pornographic
movies and photographs
making lewd comments about the child’s body
making obscene phone calls
having children pose, undress or perform in a sexual fashion on film or in person (exhibitionism)
peeping into bathrooms or bedrooms to spy on a child (voyeurism).
The role of NGO's in recognizing such actions which amount to the sexual abuse of the children is enormous and cannot be denied. On the basis of study made by one Such NGO, sexual abuse includes:
Fondling, touching, and kissing;
Exhibitionism and voyeurism;
Oral, anal, or vaginal sexual intercourse;
Photography/filming children for sexual purposes;
Persuading a child to touch or fondle the sexual parts of any other person(child or adult); and
Masturbating (using the child as a sexual object).[4]
These are the broad lines acting upon which the cases of child abuse can be brought into the cognizance of law. This would result in the conviction of the guilty persons and the dignity and childhood of the children can be safeguarded and upheld.
Reasons for the Sexual Exploitation of children
There are plethoras of factors which result in the abuse of the children. Consumerism in the present time is the root of many evils. These can be regarded as the offshoot of the abrupt development and insatiable quest of money. The problem of child sexual abuse can also be related with the process of demand and supply.
Children have become a commodity or an object of gratification amidst the growing consumerism, both in developed and developing countries. Pornography industry's growth in the recent times us one of the major cause resulting in children sexual abuse. All these factors act as force of demand.
This stimulus causes the response of supply of the children. Children from the families suffering from poverty are most vulnerable. Similarly rural families migrating to the cities in search of work are also likely to suffer. Children being cared for in institutions and alternative forms of care are also more likely to be abused.
The vulnerable sections of the society such as ethnic groups, minority groups suffer in large number. But it does not mean that this problem is not existent in the educated class or the elite class of the society. It is prevalent in the upper stratum of the society in alarming number. Various cases in the metropolitan and urban areas are the testimony to this fact.
Consequences of the Child Sexual Abuse
The road for the children suffering from sexual abuse is full of hurdles. Children sexually abused are likely to suffer from physical, emotional and developmental problems. They are susceptible to sexually transmitted diseases including HIV/AIDS. Pregnancy at early age and other physical and emotional deficiencies are the disastrous outcome of the sexual abuse of the children. The destruction of family support system in the modern times has posed more problems for the victims of Child Sexual Abuse. It sometimes leads to social isolation and social stigmatization. The blaming of child 'for affecting the honour of the family' after being sexually exploited, shatters the child completely. A guilt feeling develops within the abused child. The impacts of Child Sexual Abuse are both long-term and short-term and includes children feeling powerless, angry, frightened, lonely, depressed, isolated and self- destructive.
Forms of Child Sexual Abuse
There are innumerable ways in which the Child Sexual Abuse may occur. But some major forms of CSA in Indian context are discussed below.
Child Marriage
Child marriage is a practice which is still followed in a large number in our country. Various consequences related to it justifiably categorize it under the Child Sexual Abuse. The famous case of Ameena, a child bride married to a sixty-year old man, rescued by an alert flight attendant who noticed her sobbing during a flight between Hyderabad and New Delhi. The bridegroom was arrested and sent to prison for marrying a minor without consent and later released on bail. This is just one of the numerous incidents occurring daily in the country. Early marriage leads to early motherhood denying the girl many benefits which she otherwise would have enjoyed. It hampers the development of the girl cause maternal deaths, gynaecological problem, etc.
Child Rape, Child sexual Abuse in Institutions, etc. are other major forms of Child Sexual Abuse. The findings of a research study conducted by the Special Cell for Woman and Children of the Tata Institute of Social Sciences, Mumbai are as following:-
The offender is often known to the child and family.
A large number of children (40.4 per cent) have been abused or assaulted in the offender's house. In 35 per cent cases the child was sexually abused in public places such as garden, creek, building halls, common areas in chawls, public toilets.
Only serious cases have been reported the police.
More than half the accused arrested were not granted bail. Out of the twenty-two accused who were granted bail, fifteen were below the age of eighteen years and hence the bail was granted through the juvenile courts.
The age of consent of abuse is around three years and it shows increased vulnerability at around seven years of age.
A large number of cases in the study show that the offender was a neighbour of the child. Sometimes, the offenders were older children in the community. Some of the offenders were in fact popular among children.
Sexual abuse could involve both touching as well as non-contact abuse.
Legal Provisions related to Child Sexual Abuse
International Position
The United Nations Convention on the Rights of the Child (CRC) is the pivot around which the whole concept of the rights of the children of the whole world revolves. This covenant has been ratified by several countries all over the world. The CRC is primarily concerned with the four "P's" of the children- participation by children in the decisions affecting them; protection of children against discrimination and all forms of neglect and exploitation; prevention of harm to them; and provision of assistance to children for their basic needs. The general definition of the term child is "every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier."[5]
It is the obligation of the state to protect children from all forms of physical or mental violence, injury or abuse, negligent treatment, maltreatment, or exploitation including sexual abuse perpetrated by parents or others responsible for their care.[6] It is the duty of the State parties to protect the child from all forms of sexual exploitation and abuse.[7]
The Preamble to the International Covenant on Economic, Social and Cultural Rights, insofar as it recognizes the indivisibility of human rights, is applicable to children's rights as well. Therefore, it imposes an obligation on the states parties to it to uphold the dignity of the children. Various mechanisms such as providing assistance to victims, following special procedure while dealing the child abuse victims, etc. are some other measures which are dealt quite effectively on international basis.
National Position
India today lacks comprehensive legal scheme to redress the problem of Child Sexual Abuse. The parents, the children and the society are completely unaware and unprepared for any such tragic event. Prevention of abuse therefore becomes more cumbersome task. Children enjoy protection under the constitutional framework. The Constitution of India obliges state to secure that children of tender age are not abused and forced by economic necessity to enter vocations unsuited to their age and strength[8] and to ensure that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity.[9]
The State under the constitutional mandate is empowered to enact special legislations and policies for protecting the children and youth against exploitation of moral and material abandonment.
Some major enactments which facilitate the eradication of child abuse are The Juvenile Justice Act, 1986; Juvenile Justice (Care and Protection of Children) Act, 2000; The Indian Penal Code; and the prevention of immoral Traffic Act,1956 (amended in 1986). The problem of child marriage, one of the most explicit form of the child abuse is dealt by The Child Marriage Restraint Act, 1929.
Various judicial pronouncements in this regard have prominent impact on the whole scenario. In one of the decisions the court held that as per Section 13 of the Act, if the child marriage prevention officers have not been appointed, the government should consider the feasibility of making he provisions of the Act more stringent, and punishment for contravention of the Act should be severe.[10] The inherent defects in the system were highlighted by the court and are as following[11]:-
· Complaints are being handled roughly and not given due attention.
· The victims are, more often than not, humiliated by the police.
· The experience of furnishing evidence in court has been negative and destructive.
Certain guiding principles were also suggested by the court[12]:-
· The complainant of sexual assault is to be provided with the legal representation; it being important to secure continuity of assistance by ensuring that the same person who looked after the complainant’s interests in the police station represents her up to the end of the case.
· Legal assistance is to be provided at the police station as the victim would be in a state of distress.
· The police should be under a duty to inform the victim of her right to representation before any questions are asked of her and the police report should state so.
· Victims who do not have their own lawyers should be provided with a list of advocates at the police station.
· The Court upon application shall appoint the advocate by the police at the earliest convenient moment.
· It is necessary having regard to the directive principles contained under Article 38 (1) of the Constitution that victims are awarded compensation by the court on conviction of the offender.
Though inadequate, these legal provisions at least are the saving grace in the pathetic prevalent state.
Conclusions and Suggestions
In light of the various aspects discussed above it can be easily concluded that the problem of child sexual abuse is prevalent in the society in every strata of life of the people. The awareness level is very low and the handling of victims is also problem of major importance. The problem is seldom redressed and thereby encourages the offender. Proper mechanism is necessary for the mitigation of the trauma of the victims. Adequate counseling facilities and support system should be made available to the abused children so that their life is not adversely affected.
Sensitization of police authorities is very necessary. Moreover, the parental responsibility should be properly abided. Strong bond must exist between the parents and children. The NGO’s such as Forum Against Child Sexual Abuse must try to bring more case in light so that society is well equipped to eliminate this devil from the society. Law along with sociological concepts is capable of giving solution. The only need is to involve the people, which should be strived to achieve as early as possible.