Child Sexual Abuse In India

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CHILD SEXUAL ABUSE IN INDIA: PROBLEMS AND PERSPECTIVES Vijoy Vivekanandan Assistant Professor Department of Law Central University of Sikkim Gangtok, Sikkim ABSTRACT Child sexual abuse is a malady on a society which pride itself on the rule of law. The Protection of Children from sexual Abuse, 2012, is the major legislative frame work in India to prevent the problems of child sexual abuse. Analysing from any point of view, the legislation gives utmost preference to the best interest of the child. In spite of the existence of a specific legislation to curb the menace, the reporting cases of child sexual abuse are increasing day by day. The purpose of this paper is to highlight the weakness of the legislation and…show more content…
Most cases of child sexual abuse goes unreported since the offences are being committed in seclusion. Studies show that the children are being sexually abused not only outside the home, but inside the home by their relatives who have the duty to ensure their welfare. The National Human Rights Commission of India identifies that, showing one’s genitals to child or persuading a child to do the same; an adult touching a child’s genitals with a hand or any other object, or making a child touch genitalia; an adult touching a child’s genitals with a hand or any other object, or making a child touch genitalia; an adult making any verbal or other sexual suggestion to a child; an adult persuading a child to engage in sexual activity; an adult making a child witness any sexual act and an adult inducing or encouraging a child to hear, view or read any pornographic material are the instances of child sexual…show more content…
In other words, the Act deals only with post harassment intervention by the authorities. The present experiences show that criminalisation of an act alone cannot supress the commission of wrongs. Another notable cause, perhaps with no solution, for the vanity of the POSCO Act is the social stigma attached to a child who is the victim of child sexual abuse. It should also be noted that in most of the cases of child sexual abuse, the accused would be from the family or near relatives of the children. These are the major reasons why most cases go unreported. CHILD SEXUAL ABUSE: JUDICIAL RESPONSE IN INDIA Judiciary, as the watch dog of the constitution, has always played an invaluable role in protecting and safeguarding the interests of children. There are a number of cases wherein the Supreme Court and various High Courts repeatedly emphasised the need for more stringent punishment for those convicted of child sexual abuse. While deciding Childline India Foundation v Alan John Waters & Ors, the Supreme Court observed thus: “Children are the greatest gift to humanity. The sexual abuse of children is one of the most heinous crimes. It is an appalling violation of their trust, an ugly breach of our commitment to protect the innocent. There are special safeguards in the Constitution that apply specifically to children. The Constitution has envisaged a happy and healthy childhood

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