Given the shocking number of India's children facing molestation over 53 per cent of the under-18 population, according to an estimate a strong law for tackling child s*xual abuse has been long overdue.
Existing laws dealing with s*xual offences do not specifically address s*xual abuse of children. Legally, only rape and sodomy can lead to criminal conviction. Anything less than rape amounts to 'outraging the modesty' of the victim. The draft Protection of Children from Sexual Assault Bill, 2010, aims at recognising the broad range of s*xual abuses which children may be subjected to.
The proposed legislation will introduce new categories such as aggravated penetrative s*xual assault, s*xual assault and s*xual harassment. The term 'aggravated' would also apply to cases where the perpetrator is in a position of authority, as in the Ruchika Girhotra molestation case.
To avoid the traumatic experience of children undergoing court trials, the legislation calls for setting up of special courts and special public prosecutors in child-friendly proceedings. It also takes into account child p*rnography and recommends stringent punishments.
All this is well and good, and deserves to be implemented to protect our children. But the proposal of shifting the onus of proving innocence on the accused is a dangerous one and needs to be dropped. Even Ajmal Kasab has received a fair trial that required his guilt to be proven through a transparent process, not assumed beforehand.
Not even the most heinous crimes can justify doing away with the due process of law. Otherwise one would not be doing children a favour, but rather multiplying the ways in which innocent people could be framed and ultimately discrediting the child
