Mrigha Mahajan
In the heart of India, where the vibrant tapestry of culture and tradition weaves through the fabric of society, there exists a sobering reality that demands urgent attention and collective action-child abuse. As the nation grapples with the challenges of progress and development, the haunting shadows of exploitation and maltreatment cast a sombre pall over the future of its youngest citizens.
In the midst of this disconcerting scenario, the imperative for robust child abuse prevention measures becomes not only apparent but imperative. Despite having ample laws in place to protect children, the effectiveness of these safeguards will also be scrutinized, urging a closer examination of the existing legal framework and its implementation to ensure the comprehensive protection of every child.
INTRODUCTION
Neglect or harm done to a child by another individual, adult or child, is known as child abuse. All racial, socioeconomic, and cultural groups experience child abuse. Child abuse can take many different forms, such as physical, emotional-verbal, sexual, or even child neglect. Abuse can cause a child to suffer severe injuries and perhaps pass away. The World Health Organization (WHO) characterizes maltreatment of children as “any combination of sexual abuse, neglect, physical and emotional abuse, and exploitation that causes actual or potential harm to the child’s development, health, or dignity.”
CHILD PROTECTION LAWS IN INDIA
Children are given special legal protections in India. Legal system operates under the presumption that minors lack the mental capacity to take care of themselves or make independent decisions. Instead, a child’s parent, guardian, or custodian frequently makes the majority of the decisions that the child makes. Millions of children in India suffer from physical, emotional, and sexual abuse on a yearly basis, making it a widespread and alarming issue. In the 24 lakh child abuse cases that were reported between 2017 and 2020, girls under the age of 14 accounted for 80 per cent of the victims.
India’s child protection laws are designed to protect children’s rights in accordance with the constitution. The Union and State Governments of India have passed over 250 statutes. The following are a few significant laws and their key provisions:
INDIAN PENAL CODE (IPC) ,1860
The code’s Section 75 addresses punishment for abuse of children, while Section 76 addresses punishment for aiding and abetting a child’s suicide.
Section 317 deals with the abandonment of a child under the age of twelve. The penalty for abandonment is a fine, a prison sentence of up to seven years, or both.
Under Section 366A, it is illegal to force a minor girl to engage in sexual activity with someone else. The maximum sentence for this offense is ten years in prison, along with a fine.
According to Sections 372 and Section 373 of the act, selling or purchasing young girls for prostitution and illicit sex for any illegal or immoral purpose is illegal and is punishable by up to ten years in jail as well as a fine.
CRIMINAL PROCEDURE CODE (CRPC), 1973
Additionally, section 376(2)(i) of the IPC now penalizes rape of a minor girl, making it a more serious offense following the Criminal Law (Amendment) Act, 2013. Rape of females under the age of sixteen carries a minimum rigorous prison sentence of ten years, with the possibility of a life sentence.
THE IMMORAL TRAFFIC (PREVENTION) ACT (ITPA), 1987
The act forbids the hiring, transportation, or procurement of individuals for the purpose of prostitution or sexual exploitation. In addition, this act forbids the trafficking of minors for any reason, regardless of the gender of the child.
PROTECTION OF CHILD MARRIAGE ACT (POCMA), 2006
POCMA adheres to the fundamental idea: It is wrong to force a child into marriage, and a person who is under the age of 21 for boys and up to 18 for girls is considered a child or minor.
JUVENILE JUSTICE ACT
India’s juvenile justice system was first conceived in 1850, with the Apprentice Act serving as its main charter. In 1986, the First Juvenile Justice Act was passed. The justice approach took the place of the weal approach after the Juvenile Justice Act was passed. The Act provided for the development, care, protection, treatment, and recovery of juveniles who had been neglected or were behind schedule. The Juvenile Justice (Care & Protection of Children) Act of 2000 eliminated the age gap between boys and girls in compliance with the United Nations Convention on the Rights of the Child (UNCRC). The main law pertaining to child protection is the Juvenile Justice (Care & Protection of Children) Act, 2015.
RIGHT TO EDUCATION ACT (RTE), 2009
All Indian children aged six to fourteen are required to receive free and compulsory education. No child shall be retained, expelled, or required to pass a board examination until they have finished their elementary education. A child will be admitted to the appropriate class for their age if they are older than six, have never been admitted to any school, or were unable to finish their elementary education.
THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT (POSCO), 2012
This legislation aims to protect minors from sexual assault, sexual immorality, and pornography while facilitating the creation of Special Courts to try related crimes and related offenses. According to POCSO, penetrative sexual assault against a child younger than 12 is classified as exacerbated penetrative sexual assault, which carries a fine and a minimum 10-year rigorous prison sentence that can be extended to life in prison. Any person, including the child, is required by Section 19 of the POCSO Act to report if they believe an offense has been committed or is likely to be committed.
CHILD WELFARE COMMITTEE (CWC)
The Woman and Child Development Department established the Child Welfare Committee (CWC) to provide care and protection for children in need. A person is designated to support the child and be in charge of their psycho-social well-being after the Committee is notified by the police officer about any instances of child abuse within a 24-hour period. The CWC representative will inform the child’s family of developments in the case. One can report any abuse of children by calling the toll-free number 1098.
CONCLUSION
India is ranked 118th on the End of Childhood Index, despite the fact that the world has made tremendous strides in the last ten years in the areas of nutrition, education, and child health. We continue to see numerous instances of child rights violations, such as denial and incapacity to exercise the right to food, right to education, right to health care, and right against exploitation, even in the face of multiple child protection acts.
Child protection is covered by a number of laws, and it is becoming more widely acknowledged that it is essential to the advancement of society. The lack of sufficient human resource capacity on the ground and high-quality prevention and rehabilitation services makes it difficult to implement the laws. Millions of children are therefore vulnerable to abuse, exploitation, and violence. It is also challenging for victims to ask for assistance and support because of this lack of knowledge.
In order to effectively combat child abuse in India, it is imperative to enact laws and policies that offer sufficient protection for children and to raise public awareness of the problem. This can involve taking steps to make the laws more stringent, boosting the amount of money allocated to child protection services, and launching public awareness campaigns about the warning signs and consequences of child abuse.
(The writer is studying Law at The Law School, Jammu University)
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