ANALYSIS
One-third of the total crimes registered against children are of sexual abuse. Around 109 children are sexually assaulted daily.
Six-year-old Shiva’s (name changed) mother worked as a maid to eke out a living. His father, suffering from a terminal illness, couldn’t work, and was bedridden. Shiva’s paternal uncle often visited the house. Taking advantage of the family’s situation, he used to touch Shiva’s mother inappropriately. When this became a frequent occurrence, Shiva’s mother informed the uncle’s misdemeanours to his wife. To verify the complaint, she then placed a spy camera in the room. But the spy camera captured another horrendous incident instead. One day, when the mother was away, the uncle sexually assaulted Shiva by performing penetrative oral sex. He then threatened the child with dire consequences, if he revealed about the incident.
The recording in the camera ensured that the perpetrator was booked under the relevant sections of the POCSO Act and the IPC. Shiva also received an interim compensation of Rs 6 lakhs, which is a benchmark for awarding interim compensation to POCSO male victims.
At present, he is being counselled by the Bachpan Bachao Andolan (BBA) activists, who have also ensured his enrolment in a school.
This, however, is not an isolated incident and scores of children in the country are forced to undergo the trauma and agony of sexual assault, both penetrative and non-penetrative. While some of the cases are reported to authorities, a large majority remain undisclosed, with the parents and guardians of the children failing to muster the courage to go through the legal rigmarole.
Children reveal a society’s soul and are the greatest gift to humanity. Why then such shocking crimes of child sexual assault or child sexual abuse?
Noted psychologists have underlined that the perpetrators take advantage of children’s inability to defend themselves physically and force them to concede to their perverted sexual demands. Broadly, the perpetrators have deformed behavioural patterns and can be categorised as sadistic, power-assertive, regressed, fixated and so on.
For children, an incident of sexual abuse leaves them with shame and humiliation and the mental scars cannot be healed easily. Many of the victims’ exhibit symptoms like substance abuse, anxiety, depression, post-traumatic stress disorder, and more – requiring prolonged psychological intervention.
According to the National Crime Records Bureau (NCRB) 2020, one-third of the total crimes registered against children are of sexual abuse. The data reveals that around 109 children are sexually assaulted daily in the country. The fact that in 96% of child rape cases, the offenders are known to the child, further compounds the existing problem. The threat of child sexual abuse can be from anyone, be it family members, family friends, neighbours, employers and live-in partners.
Though the Protection of Children from Sexual Offences (POCSO) Act, was passed in 2012 as a comprehensive law to protect children from sexual abuse and assault, it has failed to effectively curb the spiralling incidents of child abuse. In 2019, the amendments in the POCSO Act enhanced the punishments, including the minimum and maximum punishment for aggravated and non-aggravated penetrative sexual assault.
Still, the desired results are yet to be seen. According to legal experts, despite the act envisaging a slew of child-friendly measures, including those in the investigation, recording of evidence and speedy trials through special POCSO courts, the whole process right from registering an FIR to trial is cumbersome and time-consuming. As tens of thousands of POCSO cases remain pending in the courts, the witnesses turn hostile, the cost of legal battle multiplies and the victim’s family gives up hope. As compared to the number of cases registered, the conviction rate remains abysmally low. Certainly, as far as child sexual abuse cases are concerned, a delay in justice is tantamount to complete denial of justice.
Another problematic area, as per police sources, is the difficulty in registering the case under the correct provisions of law. While Section 4 of POCSO is for penetrative sexual assault, carrying a maximum punishment of imprisonment of life, which shall mean imprisonment for the remainder of the natural life of the person, Section 6 of the Act is for aggravated penetrative sexual assault, carried by a person in position or authority, such as a police officer, teacher, doctor etc. It has a maximum punishment of death sentence. At times, the FIR is registered under the incorrect section, thus providing an undue advantage to the perpetrator.
What’s then the way forward? Along with addressing the procedural lacunae and ensuring faster delivery of justice, independent civil society organisations can provide the necessary support to the victim and ensure that the child returns to a normal life. Sexual abuse of children is among the most reprehensible crimes and the perpetrators should not be allowed to take advantage of any loopholes – legal or procedural. Speedy justice and a high conviction rate would go a long way in ensuring a safe world for children.
In 2018, Kailash Satyarthi Children’s Foundation had released a report ‘The Children Cannot Wait.’ Underscoring the pending POCSCO cases, it said that assuming the case disposal rate in 2016 to be constant, it would take anywhere from 20 years to 200 years—across different states in the country—for the pending cases to be completed.
At present, to ensure speedy justice to child victims, the Kailash Satyarthi Children’s Foundation has launched a national campaign: Justice for Every Child. The initiative will intervene in 5,000 cases of child sexual abuse across 100 districts in the country. Beneshwar Lok Vikas Sanstha, Banswara, Rajasthan has also joined hands with Kailash Satyarthi Children’s Foundation to provide speedy justice in POCSO cases and raise awareness about child sexual abuse. This will enable the victims of child sexual abuse to heal and continue their lives with dignity and freedom.
Read | Prisons, hospitals, everywhere: Women in Egypt share horror stories of rampant sexual abuse
The writer is secretary, Beneshwar Lok Vikas Sansthan, Banswara, Rajasthan.
(Disclaimer: The views expressed above are the author's own and do not reflect those of DNA.)
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