Child Sexual Abuse - Impact And Consequences
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Category: General Law
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CHILD SEXUAL ABUSE: IMPACT AND CONSEQUENCES
Noman Malik, LLM (Criminal Law), Amity Law School, Lucknow Mr. Sandeep Mishra, Assistant Professor, Amity Law School, Lucknow
ABSTRACT
Children are considered as future of country. Children in today’s age are getting victim of abuse as a consequence of it they suffer. Their human right are getting violated. Laws should be implemented to protect the children from sexual assault harassment and exploitation and to secure the best interest of child. Laws should recognize the necessity of Right to privacy and confidentiality of a child to be protected and respected by every person by all means and through all the stages of Judicial process involving the child. Best interest and well-being are regarded as being of paramount importance at every stage to ensure the healthy physical emotional, intellectual and social development of child.
Introduction
Children are most vulnerable members of the human community. Due to this vulnerability, parents and other adults will largely make sure that children are protected and that they are allowed to have a safe and comfortable childhood. Unfortunately, there is an element of society who would exploit this young population in order to gain profit or pleasure from their innocence. Since child are vulnerable they need care and protection. 1 There is a stipulation that sexual exploitation and sexual abuse are heinous offences and need to be effectively addressed. The policy of laws should be directed toward securing that the tender age of children is not abused and there childhood is protected against exploitation and they are given facilities to develop in a healthy manner and in conditions of freedom and dignity. Moreover interest of child both as witness as well victim needs to be protected.
The main stress should be on providing child friendly procedure. Dignity of child should be protected. Moreover India had been party- signatory to United Nation Convention on Rights of Child. In that particular Convention the child basically mean child who is less than 18 years. It aims to protect the interest of the child and that interest is that when any sexual act is being committed against that particular child – child suffers lot and lot of trauma and because in maximum number of cases grandfather raped granddaughter for very long period of time. These children who have been victimized by these perpetrators there is always abuse of trust which is being done. They are threatened so that they should not be disclosed. That is why because of trauma that they have been suffering it was very important for legislature to make law in accordance with U. N.
Convention to which India is party. All acts like Prohibition of child Marriage Act, Juvenile Justice Act all these Act they are based upon because India has been party to Convention on Rights of the child. Gender neutral The aim of this paper is to take a glance at the key provisions of the child friendly laws and how justice have been provided to children through Judicial Interpretation. This paper highlights the viewpoints of many cases and the various problems encountered to protect their privacy and including Judicial stereotype- How particular Judge think stereotypical nature
1 Vinod Paul, Child abuse
“A social evil in Indian perspective” 10 NLM 110 (2021 ). toward crime. Problem was that child rape case was dealt with Indian penal code. When I. P. C. was there it was already covering cases of sexual offence which was committed against minor. If any forcible sexual intercourse is being done a man if he has committed that offence then person was to be convicted under section 375 r/w 376 I. P. C. Those Judgement which was dealt in before wherein offence was committed before P. O. C. S. O. was made and when you are talking about commission of the sexual offence i. e. rape therein you are saying man is committing rape against female it is made penal offence of rape. It was not considering those cases wherein person could have committed a sexual assault of child belonging to any gender whether boy or girl.
There was always a distinction when you are talking about wherein victim is a girl and wherein victim was Boy. So it is not that small child male child was being sexually assaulted but way legislature was giving punishment, way legislature was analyzing it was different. A male child would have been covered within ambit of section 377. But wherein there was sexual assault that was being done therein there was no protection generally as such that was given to such male child earlier. 2 Exploitation When we start analyzing cases of rape maximum number of cases are being committed against female rather than male. That is why legislature always have made rape laws in favor female being victim as compared to male child being a victim.
But when courts they have then and now stated and Legislature also found number of cases were being filed that this kind of offence sexual assault which is being done it is being done against both gender. Supreme court said Rape amounts to loosing of dignity. Right of dignity of female is lost. It is very difficult for her to live in that particular society. The emotional mental scar that female receives she need so many number of counselling after that so that she can get back her track. How far was it possible to have same kind of impact when a small child is going through that sexual abuse. In Indian law there is no distinction as such that law has made between Rape and Incest. Rape is forcible sexual intercourse against the will of victim by any person. Incest is same but being done within the relationship.
There is power of Dominance over other person because of relationship that they have. In India it is not recognized separately. But courts have recognize while giving punishment at that point of time court’s generally consider relationship that victim has with perpetrator. But maximum number of crimes in 2 Press Trust of India, “India moves closer to having gender-neutral law on child sex abuse” India Today, July 22, 2018.
India which are being committed against such children they are being done by people who are having trust upon that children. That is why number of cases earlier were not being reported. When it was found that is required that same level of punishment should be even given with respect to wherein victim has been either girl child or male child and the Constitution has given right law can be made under Article 15(3). That was main aim it was stated in Statement of Object and Reason of POCSO. It was very important for them to have child friendly environment because this Act aims to protect the interest of girl child as well as male child. It was very important to have special courts having a child friendly procedure, having child friendly recording of statement.
When these acts are being done child is being suffered it is very important that child should suffer less trauma in Judicial process. Earlier when sexual offence case was reported there was two finger test that was being done. But Supreme court in the case of State of Jharkhand vs Shailendra kumar Rai3 has now declared this two finger test to be unconstitutional because it was violating fundamental right dignity of woman. Unnao Gang rape cases / Kathua rape case media have disclosed name and place of victim. Delhi high court took Suo moto cognizance and fined 10 lakh Rs to each media house who has reported identity of victim. There is section 228 A of I. P. C. where Identity of victim cannot be disclosed. Preamble of POCSO4 gives the aim of legislation – 1- To protect children from offences of sexual assault, sexual harassment and pornography.
2- To provide for establishment of special court for trial of such offences. Main difference when we talk about I. P. C. and P. O. C. S. O is that I. P. C. focuses mainly upon female being victim whereas P. O. C. S. O aims at giving a gender neutral Act which aims at victim and that victim is a child which can either be male or female. AGI vs Satish 2021 Supreme court discussed the interpretation of the term ‘sexual assault’ u/s 7 of P. O. C. S. O Act. The Court observed u/s 7 the word ‘touch’ has been used specifically with regard to sexual parts of the body whereas the word physical contact has been used for
3 Criminal appeal no. 1441 of 2022.
4 The Protection of Children from sexual offences Act, 2012 (Act 32 of 2012)
any other act. The Court also observed the very object of enacting the P. O. C. S. O Act is to protect the children from sexual abuse and if such a narrow Interpretation is accepted it would lead to detrimental situation frustrating the very object of Act. For example If the offender touches the sexual or non-sexual part of the child with gloves or clothe though done with sexual intent would not amount to offence of sexual assault therefore the most important ingredient for constituting the offence u/s 7 is sexual intent and not skin to skin contact with the child. Vikram vs State of M. P. 2020 this was case where P. O. C. S. O was also involved related to Bail. In this case when Bail was granted a particular condition was put up by Court. Condition should be with respect to protecting the interest of the victim. In this case accused was married.
He will be going to the house of victim and victim will tie Rakhi to accused and he will promise to protect her. That was condition put in Bail order. This condition was challenged in Aparna Bhatt vs State of M. P. Judges are part of society. How judge can go against protecting interest of victim. How far is it workable solution for victim whose dignity has been taken away by same accused. Judicial stereotype – How particular judge think stereotypical nature about the crime. You are not supposed to give your own preconceive notion on the Judgement that you are delivering. That gender sensitization has to be given to the judiciary and they have even asked Judicial academy should be giving this particular training to judges. P. O. C. S. O Act penalizes the storage of pornographic material for the commercial purposes with a punishment up to 3 years and fine.
2019 Amendment Act has added 2 other offences for the storage of pornographic material involving children. These includea) failing to destroy or delete or report pornographic material involving child. b) transmitting, displaying, distributing such material except for purposes of reporting it. The term commercial purpose has not been defined under P. O. C. S. O. However section 15 can be read with the term commercial obscenity which means obscenity produce and marketed for sale. 5
5 https://www.ncbi.nlm.nih.gov/books/NBK459146/
Cause and effect of Sexual Abuse Children who have been sexually abused may display a range of emotional and behavioral reactions, many of which are characteristics of children who have experienced other types of trauma. These reactions include: • An increase in nightmares and other sleeping difficulties • Withdrawn behavior • Angry outbursts • Anxiety • Depression • Sexual knowledge, language that are inappropriate for the child’s age Very young children might engage in traumatic play in which the child re-enacts some aspect of the experience. As children grow into adolescence and develop more autonomy, the difficulties they can get into may be more serious. Teenagers might be more likely to abuse substances or engage in high risk behaviors, including indiscriminate sexual behavior. A teenager avoiding traumatic reminders may withdraw socially.
Self-cutting and suicidal behaviors are also more common among adolescents. Children who don’t have home are likely to get victim of sexual abuse. 6 Research has repeatedly shown that child sexual abuse can have a very serious impact on physical impact on physical and mental health, as well as later sexual adjustment. When children do not disclose sexual abuse and do not receive effective counselling, they can suffer difficulties long into the future. Children can never be the property of parents or state. They have equal status of human family. 7 According to Interpol- International criminal police organization in recent data they had
6 Shalini Gupta and Seema Garg, “Causes and Effects of Child Sexual Abuse” 5 IJISRT 1867 ( 2020 ).
7 Mr.Muralidhar Belagali Dr.R.N.Mangoli, “Child Abuse
Types and its Effects”, 9 IJCRT 732 (2021 ). collected between year 2017 to 2020- 2. 4 million cases were reported in India of child abuse. Number of data’s of NCR of Interpole they have reported these children who have been victimized maximum number of these children become victim of these sexual offenses in their own homes by their known person- uncle, aunt, close friend. India has one of the largest populations of children in the world- Census data from 2011 shows that India has a population of 472 million children below the age of 18. According to the media report, carried on 15th may, 2023 about 450207 cases of spread of child sexual abuse material, have been reported in the year 2023. In some cases even photographs taken lovingly, of young children by respective fathers, brothers, sisters in India have been classified as child sexual abuse by an American NGO.
There were 204056 cases reported in the year 2022, 163633 in the year 2021, and 17390 in the year 2020 of child sexual abuse material on social media in India. Protection of children by the state is guaranteed to Indian citizens by an expansive reading of Article 21 of the Constitution of India and also mandated given India’s status as a signatory to the UN Convention on Rights of the Child. Before the implementation of the POCSO Act, the Goa Children’s Act, 2003 was the only specific piece of child abuse legislation. The NHRC has been concerned with the ill effects of online child sexual abuse material on human rights. It may cost irreparable psychological damage on children, impacting their growth and development. Recently on 2nd and 3rd march 2023, it organized a national seminar on child sexual abuse material at Vigyan Bhawan, New Delhi.
Conclusion To conclude Child abuse should be tackled with severe punishment of the offenders because our society holds severe hatred for them. The children are subjects to child abuse in homes, neighborhoods, schools and boarding hostels. Willful damage often gets concealed as the child opts not to disclose. Thus parents, relatives must be smart enough to notice the various symptoms of child abuse. Although many children who have experienced sexual abuse show behavioral and emotional changes, many others do not. It is critical to focus not only on detection, but on prevention and communication by teaching children about body safety and healthy body boundaries, and by encouraging open communication about sexual matters.
Government should take effective measures for protection of children from sexual abuse so that their human right are not violated and they can have their Individual autonomy.
References 1- Vinod Paul, Child abuse: “A social evil in Indian perspective” 10 NLM 110 (2021 ). 2- https://www.ncbi.nlm.nih.gov/books/NBK459146 3- Mr.Muralidhar Belagali Dr.R.N.Mangoli, “Child Abuse: Types and its Effects”, 9 IJCRT 732 (2021 ).
4- Press Trust of India, “India moves closer to having gender-neutral law on child sex abuse” India Today, July 22, 2018. 5- Shalini Gupta and Seema Garg, “Causes and Effects of Child Sexual Abuse” 5 IJISRT
1867 (2020).