Bangalore rape case: Can background checks and public registry of sexual offenders prevent child abuse?

A six-year-old was raped in Bangalore last week by a staff member of the school she attended. The teacher, a 31-year-old skating instructor, was arrested this week, but only after much furore was raised by the parents and activists for a whole week. There were demonstrations and protests that turned violent, leading the police to lathicharge the protestors.

The case moved the conscience of the nation and most wanted quick action against the perpetrator. Most of all, the recent spate of cases of sexual violence against children has propelled the issue into the purview of public discussion. There has been a lot of talk on the question—how can we protect our little ones?

The fact remains, this isn't the first time a vulnerable member of our society has been exploited, and unfortunately, this won't be the last. It's not that we don't have necessary and stringent laws; or even because, contrary to certain opinions, there has been a "degradation of our social values".

Arguments have been raised against child pornography. And even though all governments have condemned child pornography and drawn up laws to ban it, it still remains an open shame that has grown beyond legislative control. This comes as little surprise in a country where a substantial population still celebrates child marriages. 

But that said, it would be misplaced to undermine the potency of Indian laws.

Laws that protect?
India has a very strong law against offenders of minors in the form of the Protection of Children from Sexual Offences (POCSO) Act. It primarily deals with these offences against children:
- Penetrative and aggravated penetrative sexual assault,
- Sexual and aggravated sexual assault, 
- Sexual harassment, and 
- Using a child for pornographic purposes.

The law is so inviolable that it even recognises an intent to commit offence, even when unsuccessful, needs to be penalised. This move shifts the burden of proof entirely on the accused. It further works in a way to allow minimum inconvenience and trauma to the child. For instance, under POSCO, a child cannot be repeatedly called to testify, and a special court is required to complete the trial within one year.

But laws make little difference, if there isn't any momentum in terms of charges and conviction. For instance, in Karnataka alone, since the inception of POSCO in November 2012, the state has seen 487 cases registered. And yet it was noted that the accused in the Bangalore rape case was a habitual offender, who had been let go from his earlier job under similar circumstances, even though no charges were pressed. 

Background checks
This brings us to the question of how imperative it is for institutes such as schools and care centres to conduct thorough background checks on who they hire to be around little children.

In fact, the hiring process is so lax that there is very little verification of credentials of those being hired. Companies that are into background checking say that there are very few schools that conduct professional background checks of their staff, be it teaching or non-teaching ones. "The irony is, in India, colleges conduct a background check of students on whether the information provided by them is correct or not. But they do not screen their own staff," one such company informed dna. Read more

"Schools must change their approach towards cases of Child Sexual Abuse (CSA). They ought to take on the onus and adopt a child-friendly approach and not treat CSA like a shameful act for the child," says Payal Shah Karwa, author of The Bad Touch, a book on child sexual abuse. “Thorough investigation of the staff before hiring them, security systems like constantly monitored CCTV cameras are only some of the measures they can take. Educating teachers about CSA and how to deal with it remains a priority,” she adds.

National Registry of Sexual Offenders
The Bangalore case has rippled into a rising demand for a consolidated National Registry of Sexual Offenders. But logistics apart, those against the idea argue about the potential to misuse such a registry. “It could help when it comes to hiring, to have a record of the offenders. They might not get a job easily which is indirectly a punishment as well,” says Karwa. “However it might prove traumatic for a person who has been wrongly accused or if the case is not solved fast,” she adds.

The concept isn’t completely unheard of, of course. Developed countries such as the United States, Canada and even South Africa have a common record of sexual offenders. The US has the Dru Sjodin National Sex Offender Public Registry, which is a cooperative effort between various state agencies and the central government to publicly host sex offender registries.

Legislations even go so far as to apply restrictions for those on parole or probation for sexual crimes, including restrictions on being in the presence of minors, living in proximity to a school or day-care centre, owning toys or other items of interest to minors, or using the Internet. In California, voters passed Proposition 83, to enforce "lifetime monitoring of convicted sexual predators and the creation of predator-free zones" in 2006.

Then what exactly is the problem?
To begin with, there is very little awareness and training among those with the responsibility to protect children. They say it takes a village to raise a child, and our's is a very ill-equipped village when it comes to handling these situations.

Most parents, educators and even those in the law enforcement machinery themselves find it difficult to cope with situations of child sexual abuse. “It is the parents who first need to be educated to enable them to talk to their child in a way which is comfortable and easy for the child,” advises Karwa.

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