Ms. Atishaya Kaushal, Advocate
(9891952134/atishayakaushal@gmail.com)
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In today’s world, child abuse is an upcoming issue. It’s a wrong against society as a whole. Child abuse is defined as the physical, sexual, or psychological maltreatment of a child or children by a parent or the caregiver. It may include any act or failure to act by a parent or caregiver resulting in a potential or actual harm caused to a child. It can take place anywhere like for example at one’s own home, at an organisation, school etc.
The World Health Organization (WHO) defines child abuse and child maltreatment as "all forms of physical and/or emotional ill-treatment, sexual abuse, neglect or negligent treatment or commercial or other exploitation, resulting in actual or potential harm to the child's health, survival, development or dignity in the context of a relationship of responsibility, trust or power."
Relevant Constitutional Provisions
The Indian Constitution provides with various provisions that impose the primary responsibility on the state for promoting the welfare of children and to ensure their dignity and sustainability.
Fundamental rights provided under the Constitution of India are as follows:
1. Article 14 states that every citizen is equal be it, man woman and child, in the eyes of law.
2. Article 15 states the prohibition of discrimination and along with it, it also empowers the state to make certain special provisions for women and children.
3. Article 21A makes it compulsory for the state to provide free and compulsory education to the children belonging to the age group of 6 to 14 years.
4. Article 23 prohibits the prohibits the trafficking of human beings and forced labour.
5. Article 15 of the prohibits child labour and employment of children below the age of 14 years in factories, mines and other hazardous environments.
Directive Principles of State Policy
1. Article 39(e) of the Indian Constitution directs the State to ensure the health and strength of workers, men and women and the tender age of the children is not abused.
2. Article 39(f) of the constitution directs the State to ensure that the children are provided with sufficient opportunities and facilities for developing healthily. Not only this but it also asks it to ensure that the development of the children is in a free and dignified environment and that their childhood and youth are protected against exploitation and moral and material abandonment.
3. Article 45 states that it is the duty of the state to ensure early childhood care and education for each and every child until the time they complete the age of six years.
Other Provisions under the Constitution
· The fundamental duty of the citizen directing the parents or the caregivers or the guardians of the children to provide educational opportunities to their child between the age of 6-14 years is provided under Article 51A(k)
· Article 243(g) read with Schedule 11 states the providing for the institutionalisation of child care by seeking to entrust the programmes of children and women to the panchayats with a view for children’s welfare.
Policies and Programmes by the State
The State has formed and initiated various policies and programmes along with which certain bodies are also made at different levels for the welfare of children. These are mentioned below:
1. National Policy for Children 1974
It was the first child-centric programme initiated by India for the overall development, care and protection of children. It considers children as the main asset of the country and so it ensures that their rights are protected as provided under the Constitution and is in accordance with the UN Declaration Rights.
2. National Policy on Education 1986
It was mainly oriented towards the providing of equality on the educational sphere. It showed concern for a child-centred approach in primary education.
3. National Policy on Child Labour
It is to prohibit the child labour and also it works towards the betterment of conditions of the working children.
4. National Charter for Children 2003
It is a comprehensive document empowering the children with the rights of being a child and enjoying childhood. It directs not only to the State but to everyone to develop a healthy, protected and positive environment for the growth of the each and every child.it also secures the rights of the adolescent children to proper education.
5. National Plan of Action for Children 2005
It has the aim of tackling various problems arising in the child’s life. It works on the prohibition of child marriage, abolition of female foeticide, female infanticide and upholding and securing the rights of children in difficult situations like abuse, neglect and exploitation etc.
6. Child-line services
These were implemented after the twelfth Five Year Plan for helping the children in the situations of emergency or in the circumstances where they cannot get help for any place. Some of the issues relating to which Childline has got calls are for the medical support, shelter, emotional guidance etc. for children along with various other issues.
7. National Institute of Public Cooperation and Child Development
It is the organisation formed for the documentation and compilation of research and initiatives related to women and child development. It works in the areas of child protection, child care support services, awareness against abuse and exploitation and the rights of children etc.
8. The Twelfth Five Year Plan
This plan was launched in the year 2012 focusing on child development and ensuring a higher sex ratio in the country. It was a major governmental step towards increasing the status and condition of children in India, especially the female child.
Various Acts and Amendments
The government also formulated and enacted many laws or acts or statutes for the establishment of institutions and norms enhancing the indemnity of the rights provided to the children. These acts are mentioned below:
1. Protection of Child Rights Act, 2005
This Acts led to the establishment of the National Commission for Protection of Child Rights in the year 2007. The National Commission for Protection of Child Rights (NCPCR) is a statutory body working under the supervision of the Ministry of Women and Child Development, Government of India and is the main agency for the preservation of the rights of children, spreading awareness against child abuse in all its forms and providing children with proper redressal and rehabilitation in case of violation of their rights.
2. Protection of Children from Sexual Offences Act 2012
It was implemented as a special law dealing with cases of child abuse, sexual assault, sexual harassment and other related offences. The Act provides for the establishment of special courts with its main focus on considering the needs and interests of children as the most important. It also works into establishing child-friendly procedures for the investigation of offences. The POCSO Cell has been set up to monitor the implementation of the Protection of Children from Sexual Offences Act 2012 by the NCPCR.
3. The Indian Penal Code, 1860
As per it the sections governing the protection from child abuse are:
As per it the sections governing the protection from child abuse are:
· Foeticide (Sections 315 and 316)
· Infanticide (Section 315)
· Abatement of Suicide: Abatement to commit suicide of minor (Section 305)
· Exposure and Abandonment: Crime against children by parents or others to expose or to leave them with the intention of abandonment (Section 317)
· Kidnapping and Abduction (Section 360 to Section 369)
· Procurement of minor girls by inducement or by force to seduce or have illicit intercourse (Section 366-A)
· Selling of girls for prostitution (Section 372)
· Buying of girls for prostitution (Section 373)
· Rape (Section 376)
· Unnatural Sex (Section 377)
4. The Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994
This is an Act for the regulation of the use of pre-natal diagnostic techniques and for the prevention of misuse of such techniques for the purpose of prenatal sex determination leading to female foeticide and for matters connected therewith or incidental thereto.
This is an Act for the regulation of the use of pre-natal diagnostic techniques and for the prevention of misuse of such techniques for the purpose of prenatal sex determination leading to female foeticide and for matters connected therewith or incidental thereto.
5. The Juvenile Justice (Care and Protection of Children) Act, 2000
The Juvenile Justice (Care and Protection protection and treatment of children in conflict with law and children in need of care and of Children) Act, 2000 provides for proper care, protection by catering to their development needs, and by adopting a child-friendly approach in the adjudication and disposition of matters in the best interest of children and for their ultimate rehabilitation through various institutions established under the Act. Sections 23, 24, 26 of the Act deal with the provisions of child abuse.
The Juvenile Justice (Care and Protection protection and treatment of children in conflict with law and children in need of care and of Children) Act, 2000 provides for proper care, protection by catering to their development needs, and by adopting a child-friendly approach in the adjudication and disposition of matters in the best interest of children and for their ultimate rehabilitation through various institutions established under the Act. Sections 23, 24, 26 of the Act deal with the provisions of child abuse.
6. The Immoral Traffic (Prevention) Act, 1956
The Immoral Traffic (Prevention) Act (ITPA) deals with the offences related to sexual exploitation of children for commercial purposes and to provide enhanced penalties for offences involving children and minor.
The Immoral Traffic (Prevention) Act (ITPA) deals with the offences related to sexual exploitation of children for commercial purposes and to provide enhanced penalties for offences involving children and minor.
7. Child Labour (Prohibition and Regulation) Act, 1986
The Child Labour (Prohibition and Regulation) Act, 1986Act provides for the elimination of child labour and provides for punishments and penalties for employing children below the age of 14 years in various hazardous occupations and processes.
The Child Labour (Prohibition and Regulation) Act, 1986Act provides for the elimination of child labour and provides for punishments and penalties for employing children below the age of 14 years in various hazardous occupations and processes.
8. The Prohibition of Child Marriage Act, 2006
The Prohibition of Child Marriage Act, 2006 was enacted to put a stop to the practice of child marriages in India. For marriages already contracted, it says that every child marriage shall be voidable at the option of the contracting party who was a child at the time of the marriage.
The Prohibition of Child Marriage Act, 2006 was enacted to put a stop to the practice of child marriages in India. For marriages already contracted, it says that every child marriage shall be voidable at the option of the contracting party who was a child at the time of the marriage.
The punishments for the offences of child abuse are :
1. Penetrative Sexual Assault (Section 3) – Not less than seven years which may extend to imprisonment for life, and fine (Section 4)
2. Aggravated Penetrative Sexual Assault (Section 5) – Not less than ten years which may extend to imprisonment for life, and fine (Section 6)
3. Sexual Assault (Section 7) – Not less than three years which may extend to five years, and fine (Section 8)
4. Aggravated Sexual Assault (Section 9) – Not less than five years which may extend to seven years, and fine (Section 10)
5. Sexual Harassment of the Child (Section 11) – Three years and fine (Section 12)
6. Use of Child for Pornographic Purposes (Section 13) – Five years and fine and in the event of subsequent conviction, seven years and fine (Section 14(1))
Child Abuse During Covid-19
Covid-19 is not only causing a rise of tension in the minds of the people regarding their health but also it is causing a major tension regarding the rising cases of domestic violence and child abuse.
In a statement made by the Childline India Foundation it was said that “In the 10 days of the lockdown - between 20 and 31 March, we saw a 50% increase from the typical period - normally would receive two lakh calls but this time we received around three lakh. From these, we conducted 4800 interventions where we physically went to the child in need. Out of this, only 30 per cent were relating to protection from abuse (about 1400 cases). In a year, generally, we get about 9 million calls.”
During this period there is lots of anxiety in not only the children but in the public at large. Everyone is locked up in their houses, offices, schools and colleges were closed etc. disturbing the regular routine of individuals making it one of the reasons for an increase in the child abuse.
The Delhi High Court had also agreed to hear the pleaded on rising domestic violence, child abuse amidst the Covid-19 lockdown. The High Court on 18th April 2020, urged that necessary actions are needed to be taken by the state government to curb such cases and also it asked the stand of the government on the same issue.
The Delhi High Court had also agreed to hear the pleaded on rising domestic violence, child abuse amidst the Covid-19 lockdown. The High Court on 18th April 2020, urged that necessary actions are needed to be taken by the state government to curb such cases and also it asked the stand of the government on the same issue.
Suggestion
1. We should strengthen the laws relating to child abuse especially during this pandemic by imposing fines and imprisonment immediately if such a complaint is found to be true.
2. Since the media is the most used medium on socializing during this time of the pandemic, we should spread awareness of such an incident as well as the repercussion of such an event if taken place which would make people not only aware of it but would also stop them from the commission of such a crime.
3. Certain activities should be conducted online to keep the children busy and if required also by including the child’s parents.
4. By providing good healthcare and sanitation facilities along with a shelter to the children who have nowhere to go and also to the ones migrating with their families
5. Counselling should take place not only of the child but also the adults by the online medium as maintaining mental peace is highly required during this period.
Thus we all need to come together to curb this rising issue of child abuse and then collectively fight against the pandemic Covid-19.
Author: ISHA SHARMA
3rd Year
Delhi Metropolitan Education, Noida
(affiliated to Guru Gobind Singh Indraprastha University)
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