Society

Let Roses Bloom

The proposed law on child abuse has teeth, pitfalls too

Advertisement

Let Roses Bloom
info_icon

The sample size of 15,000 under-18 children will respond to stories on various kinds of abuse, and share such experiences. Close to 5,000 adults also would have revisited childhood. The aim: to find out if they suffered any abuse—sexual or physical. The study, a joint venture betweenUNICEF, the department of women and child development and NGO Prayas, is expected to contribute to an institutional framework for child protection.

The preliminary findings in Delhi have thrown up some startling statistics: close to one-fourth children are abused in some form, 71 per cent have been physically beaten by persons in authority, with 29 per cent of them requiring medical attention.The results will be shared with organisations working for child welfare, says joint secretary Loveleen Kacker. Nonetheless, the focus will be on the new bill—on hold for 14 years since India signed the Convention on the Rights of the Child.

Advertisement

The proposed bill will define, for the first time, sexual assault of a child, and prescribe punishments that could extend to life imprisonment. Another first is the inclusion of the male child in its ambit. Beginning with the definition of sexual assault, it will also speak of penalty for sexual abuse (ranging from child molestation to forcing to view pornography or watch sexual act).

The punishment ranges from five years’ imprisonment (if the child abused is an under-12) plus a fine. If the age group is 12-16, it’s a two-year jail term, above that not less than six months. In both cases, it may extend to 10 years with a fine. The punishment would be harsher if the offender is not a stranger.

Advertisement

The bill’s scope has been expanded by incorporating corporal punishment on the child by any person in authority (including family elders, teachers). This is also prescribed imprisonment for up to two years. Also for the first time, the government has sought to define bullying as an act intended to demean the child. Any person responsible for bullying a child shall be liable for imprisonment up to one year, or ordered to do community service. Included in this are teachers or institution heads who condone or ignore or fail to check the act. For such people, the fine prescribed is a month’s salary.

Many NGOs like CRY and activist lawyers like Ashok Aggarwal have expressed reservations on fixing the upper age of the child at 16 years. Says Aggarwal: "Children till the age of 18 need protection and care. They cannot be left to fend for themselves, especially girls." K. Geeta, manager, policy and advocacy, says abuse can take place between older children and younger ones. "This needs to be highlighted. Why should the rape of a child be viewed as less of a crime than that of an adult? Why should the punishment vary according to the age of the child?" she asks. Also, the bill, many argue, does not address repeat offenders like serial rapists.

Advertisement

India, by the government’s own admission, has the world’s largest child population—close to 430 million. An average of 44,476 children are reported missing every year, says a three-year-oldNHRC-UNIFEM action research on trafficking in women and children in India. Nearly 11,000 children continue to remain untraced, and most of them end up in brothels.While India would have joined the ranks of the UK, US, Sri Lanka, Thailand and Malaysia in adopting a child-centric legislation, the real test of the bill will lie in its implementation and impact.

Tags

    Advertisement

    Advertisement

    Advertisement

    Advertisement

    Advertisement

    Advertisement