A very unfortunate brief before us.
1. This is a brief pointing to 'incest'.
2. Social attitudes that put family 'honour' above the damage caused to children keep incest from being properly addressed.
3. Some years ago, in a popular late-night legal-awareness television serial Bhramar, one episode explored the true case of a father impregnating his 14-year-old daughter after abusing her s*xually for months together while the mother was forced to remain silent. For fear of a public scandal, the parents decided to poison the girl. The paternal grandfather, the sole witness to the murder, complained to the police. But the perpetrator went scot-free on the argument that he had other children to care for, and if he were to go to prison, they would be orphaned! When the criminal was set free, the older man left the home and was never seen again.
4. The correct Law (which unfortunately is still in the making) is The Protection of Children from Sexual Offences Bill 2011 (introduced in the Rajya Sabha on March 23rd. and referred to the committee) further allows children and anyone from the public to report the offence and its apprehension to the local police or special juvenile police unit. It covers s*xual offences against children at the time of communal violence and provides for special courts to deliver justice in a child-friendly environment.
5. The Delhi High Court is considering framing guidelines for conducting investigation and prosecution in crimes relating to incest, in the wake of several incest cases surfacing at present.
6. There is no central law on child abuse other than what I hinted in para 4 (unfortunately it is hit by controversy on Age row).
7. Laws dealing with s*xual offences do not specifically address child s*xual abuse.
8. The India Penal Code 1860 (IPC the Code in short) does not recognise child abuse. Only 'rape' and 'sodomy' can lead to criminal conviction.
9. Anything less than 'rape', as defined by the law, amounts to 'outraging the modesty.' These laws are already problematic when applied to adult women. They are even more difficult when applied to children.
10. While S. 376 IPC seeks to provide redress against rape to women, it rarely covers the broad range of s*xual abuse (particularly of children), that actually takes place.
11. Most of these forms of abuse are sought to be covered under S. 354 of the Indian Penal Code as a violation of a woman's modesty. Though offences under S. 354 of the IPC are cognizable, they are also bailable, allowing the perpetrator to abscond before the case comes up in court.
12. The Juvenile Justice Act, amended and rewritten in 2000, makes no attempt to identify s*xual abuse on children. S. 23 of the Act deals with assault, exposes, willful neglect, mental and physical suffering, for which imprisonment prescribed, is only for 6 months.
Having made you aware what is in store for you as per current society's neglect to such rising maladies and our substantial Laws, my guess is that you have to make your mother WAKE-UP forcefully and or take assistance of any adult relative from your side and file DV Act Complaint directly before Magistrate Court by passing all Service Provider(s) and seek first 'restraining order" against your father and rest follow up on other Protection Orders against your father.
As far as your rights on property share question is concerned the proposed Amendment which you heard via various media channels probably is under Hindu Marriage Act and is yet not a Law so bypass thinking about property share currently under this about to become Amendment in said Act (HMA). Your first priority is for seeking self protection and seeking help from any adult relative from your side and or even a reasonable intelligent adult friend of yours you can press Complaint under DV Act which can get you immediate protection from your father as narrated before us.
Do inform us also your certificate age and place of current residence and there are reasonable Advocate brothers here who may help you on compassionate grounds if presented facts are taken prime facie to be true during chamber consultation(s).
All the best and don’t feel yourself to be alone, prudent professional members of LCI are with you and may guide you correctly.
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