NORTH EASTERN HILL UNIVERSITY
SHILLONG
DEPARTMENT OF LAW
ASSIGNMENT ON: OFFENCES AGAINST CHILD &
JUVENILE OFFENCES
Topic: Child Abuse.
Submitted by: Virginia s Nongtdu
Examination Roll No: 19. B.A.LL.B.26
Class Roll No: 68
Semester: 10th semester
SUBMITTED TO:
Sir. A.K. Singh.
INTRODUCTION
Child abuse is defined as injuring or neglecting another person's youngster, whether an adult or a
child. Child abuse happens across all cultural, ethnic, and socioeconomic groups. Child abuse can be
physical, emotional, verbal, sexual, or neglectful. Child abuse can result in serious damage or even
death. Rape, sexual abuse, and sexual harassment are all global issues of sexual violence.In India,
relatively little study has been conducted in this sector, and just a few books have been published,
further obscuring the issue.
However, the problem persists with amazing frequency, and the distinctive character of Indians adds
complication to an already difficult situation. Fortunately, child sexual abuse is gradually becoming a
more acknowledged problem, which is why this page concentrates mainly on child sexual abuse:
laws, victims, and offenders. Finally, an examination of features of Indian culture that make this
situation particularly difficult to comprehend and address. Childhood should be a carefree period,
full of love and the delight of discovering new things and experiences. However, this is the desire of
many youngsters. Child abuse and neglect is a major social issue of a children that he faces and these
led to the problems that are faced by a child and becomes a major issue for a child.
Child abuse and neglect have long-term implications for victims (of all human actions), their families,
and society. Child abuse is characterised as physical, mental, or sexual abuse of children. It may
happen in any organisation, school, community, or even a children's family. Child abuse includes
emotional, physical, financial, and sexual exploitation of children. It affects people under the age of
18 worldwide. However, the breadth, scale, and trends of the problem remain unknown in India, as
in many other nations.
The drastic changes brought about by India's socioeconomic developments have greatly contributed
to children's increased vulnerability to varied and novel types of violence. Despite enthusiastic
planning, social programmes, legislation, and administrative procedures, Most of India's children
have died in the previous six decades. Continue to battle and be perplexed. Parents in most
households ignore them. Caretakers mistreated and sexually molested by employers. Although the
problem of mental, physical, and sexual abuse of children is becoming more prevalent in India, it has
yet to get the attention of sociologists and psychiatrists in our nation. Neither the public nor the
government have acknowledged it as a major issue. Public indignation and professional concern have
yet to be transformed into constructive and realistic action. Child abuse or maltreatment, according
to the World Health Organization (WHO)," is any kind of physical and/or mental abuse, sexual abuse,
neglect or neglect, or commercial or other exploitation that results in real or prospective harm to a
child1. child's health, survival, growth, or dignity in terms of duty, trust, or authority ."
1.world health organization
In India, children face problems like child labour, early marriage, domestic violence, abuse at
home or other places, sexual violence, trafficking and online violence. In 1992 India ratified
the UN convention on the rights of the child. The UN convention of the rights of a child
defines a child as every person below the age of 18 years. The World Health Organization
defines child abuse as a violation of the human rights of a child. Child abuse can also be
defined as an act of violation or negligence on the part of an individual either adult or child
which threatens the life of the child or violates the basic needs. It impacts the development
and affects the health and well being of the child. Children’s rights can be violated anywhere,
home, school, playgrounds, workplaces and even online. Exploitation and violation of the
rights of the child can have an everlasting impact while affecting the development of the
child. Government and non-government organisation have addressed the problem of child
abuse but have lacked to implement it. For eradicating child abuse from its roots, the first
and foremost step is to deal with the problems and upliftment of socially-economically
weaker sections of society.
LEGAL FRAMEWORK FOR THE PROTECTION OF CHILD
RIGHTS
1)Juvenile Justice (Care and Protection of Children) Act, 2015
Juvenile Justice (Care and Protection of Children) Act, 2000 was replaced by the Juvenile
Justice (Care and Protection of Children) Act, 2015212 and came into force on January 15,
2016. The act lays down procedural safeguards for children in conflict with the law and deals
with two categories of children first, who are in conflict with the law and second who need
care and protection. Chapter V of the act establishes a child welfare committee (CWC) in
every district, also defines the role and responsibilities of CWC. Chapter VI lays down
provisions related to children in need of care and protection. Chapter IX deals with certain
offences against children including cruelty, selling children or offering narcotic substances to
children. And section 75 deals with punishments for offences against children.
2)National Commission for Protection of Child Rights (NCPCR)
In 2007, the Commission for Protection of Child Rights Act, 2005 constituted a statutory
body the National Commission for Protection of Child Rights. The Ministry of Women & Child
Development has administrative control over NCPCR. The commission was set up to protect,
1
World health organization
2
promote and defend child rights in India and to ensure that rights of child rights are
consistent with the UN Convention of rights of the child and the Constitution of India.
2.juvenile justice act,2015
3)Protection of Children from Sexual Offences (POCSO) Act, 2012
The POCSO Act, 2012 deals with provisions related to protecting children from sexual
assault, sexual harassment, and pornography. Further, this act establishes special courts for
the trial of such offences. The act safeguards the interest of the child at every stage of
judicial proceedings.
ARTICLES OF INDIAN CONSTITUTION RELATING TO CHILDREN
The Indian Constitution recognises the vulnerable position of children and their right to
protection. The idea of protection of rights, which also includes Article 15 assures special
attention to children by needed and distinctive laws and policies that safeguard their rights.
The rights regarding the right to equality, and the article regarding them also include Article
14, 15, 15(3), 19(1) (a), 21, 21(A). 23,24,39(e),39(f) what includes children 3 as well:
Article 14: The State shall not deny to any person equality before the law or the equal
protection of the laws within the territory of India
Article 15: The State shall not discriminate against any citizen on grounds only of religion,
race, caste, sex, place of birth or any of them
Article 15 (3): Nothing in this article shall prevent the State from making any special
provision for women and children
Article 19(1) (a): All citizens shall have the right (a) to freedom of speech and expression
Article 21: Protection of life and personal liberty-No person shall be deprived of his life or
personal liberty except according to procedure established by law.
Article 21A: Free and compulsory education for all children of the age of 6 to 14 years;
Article 23: Prohibition of traffic in human beings and forced labour-(1) Traffic in human
beings and beggars and other similar forms of forced labour are prohibited and any
contravention of this provision shall be an offence punishable in accordance with law.
Article 24: Prohibition of employment of children in factories, etc. No child below the age of
fourteen years shall be employed to work in any factory or mine or engaged in any other
hazardous employment;
3.child abuse;new research,stanley M sturt
Article 39: The state shall, in particular, direct its policy towards securing:
(e) that the health and strength of workers, men and women, and the tender age of children
are not abused and that citizens are not forced by economic necessity to enter vocations
unsuited to their age or strength;
(f) that children are given opportunities and facilities to develop in a healthy manner and in
conditions of freedom and dignity and that childhood and youth are protected against
exploitation and against moral and material abandonment.
TYPES OF CHILD ABUSE
Child abuse can be categorized into four types:
(a)Physical abuse
Physical abuse refers to an act which results likely to cause physical harm from an
interaction. It is an intentional use of physical force against the child to harm him. Thus, it is
an injury caused by a physical act. Even if the injury doesn’t occur the act is considered to be
physical abuse and it is controlled by the person with responsibilities, power and trust. The
injury must be the result of:
-Beating, slapping or pinching;
-Punishments like excessive running or exercise, burning hands, tying, leaving in undignified
posture or any severe physical punishment; and
-Bullying.
Signs of physical abuse- bruises, marks, wearing inappropriate clothing like wearing a full
sleeves T-shirt in the summer season, frightened from a person, resistance to going to a
particular place.
(b)Sexual abuse
Sexual abuse refers to the involvement of a child in some sexual activity that is not
understood by the child. Where a child is not able to comprehend, have no understanding
about the act by another person or give his consent. It is between a child and an adult, the
adult being a person in power or authority. Sexual abuse can occur even if the child is not
touched4. Sexual abuse can be divided into two parts,
4.the sound of silence;child sexual abuse in india,by havovi wadia
-Contact: when a child is touched in a sexual manner, intercourse, rape, forced to touch
genital or sexual exploitation.
-Non- contact: when a child is exposed to pornography, virtual sex, filthy remark, obscene
comments or voyeurism.
Signs of sexual abuse- the behaviour of the child- taking interest in things which are not
appropriate for the age or very aggressive behaviour; physical signs such as marks on the
body, bruises, swelling, problem in walking or sitting, etc
(c)Emotional abuse
This type of abuse faces major challenges when it comes to evidence, it is extremely difficult
to prove. It can be defined as the failure of the person responsible to provide a supportive
and appropriate environment and it has effects on emotional health. Emotional abuse can
be identified in every form of abuse as it hampers the health, well being and development of
a child. Emotional abuses take place in the following ways:
-Shouting at children;
-Giving silent treatment;
-Threatening, emotional blackmail; and
-No affirmation or love.
Signs of emotional abuse – antisocial, extreme behaviour, emotionally distant, fear, anxiety,
etc.
(d)Neglect
This type of abuse affects the child in all aspects. It refers to the act of omission on the part
of the person responsible to provide a child with basic necessity, safe living conditions,
shelter according to the resources available to the person who is responsible/ caregiver.
Neglect takes place when the caregiver fails to:
-Protect from any harm;
-Monitor progress, bruises( if any), behaviour; and
-Provide needed attention and care.
Signs of neglect-child not disciplined, bad language, disruptive behaviour, unhygienic, etc.
CHILD ABUSE ACROSS THE GLOBE
The UN Secretary General's Study on Violence against Children3 has given the following
overview of the situation of abuse and violence against children across the globe.
(i) WHO estimates that almost 53.000 child deaths in 2002 were due to child homicide.
(ii) In the Global School-Based Student Health Survey carried out in a wide range of
developing countries, between 20% and 65% of school going children reported having been
verbally or physically bullied in school in the previous 30 days. Similar rates of bullying have
been found in industrialised countries.
(iii) An estimated 150 million girls and 73 million boys under 18 have experienced forced
sexual intercourse or other forms of sexual violence involving physical contact.
(iv) UNICEF estimates that in sub-Saharan Africa, Egypt and Sudan, 3 million girls and
women are subjected to FGM every year.
(v) ILO estimates that 218 million children were involved in child labour in 2004, of whom
126 million were engaged in hazardous work. Estimates from 2000 suggest that 5.7 million
were in forced or bonded labour, I.8 million in prostitution and pornography and 1.2 million
were victims of trafficking.
(vi) Only 2.4% of the world's children are legally protected from corporal punishment in all
settings.
One of the major problems in understanding the scope of the subject of 'child abuse' is that
it is extremely difficult to get responses from children on such a sensitive subject because of
their inability to fully understand the different dimensions of child abuse and to talk about
their experiences. It is therefore difficult to gather data on abused children. Further,
definitions of abuse are not yet consistent within countries, much less from country to
country or region to region. Yet governments do estimate that the number of abused and
neglected children is alarming, and unless governments get their act together and respond
to the situation by way of both prevention and treatment, we will be doing a grave injustice
to our children and would be denying them their basic rights.
CHILD ABUSE IN INDIA
Nineteen percent of the world's children live in India. According to the 2001 Census, some
440 million people in the country today are aged below eighteen years and constitute 42
percent of India's total population that is, four out of every ten persons. This is an enormous
number of children that the country has to take care of. While articulating its vision of
progress. development and equity. India has expressed its recognition of the fact that when
its children are educated, healthy, and happy and have access to opportunities, they are the
country's greatest human resource.
The National Policy for Children, 1974, declared children to be a supreme national asset'. It
pledged measures to secure and safeguard all their needs, declaring that this could be done
by making wise use of available national resources. Unfortunately, ten successive Five Year
Plans have not allocated adequate resources to meet the needs of children. An exercise on
child budgeting carried out by the Ministry of Women und Child Development revealed that
total expenditure on children in 2005-2006 in health, education, development and
protection together amounted to a mere 3.869, rising to 4.91% in 2006-07. However, the
share of resources for child protection was abysmally low at 0.034% in 2005-06 and
remained the same in 2006-07.
Available resources have also not been utilized effectively for achieving outcomes for
children.
As a result, the status and condition of children have remained far from secure.
Harmful traditional practices like child marriage, caste system and discrimination against the
girl child, child labour and Devadasi tradition impact negatively on children and increase
their vulnerability to abuse and neglect. Lack of adequate nutrition, poor access to medical
and educational facilities, migration from rural to urban areas leading to rise in urban
poverty, children on the streets and child beggars, all result in breakdown of families. These
increase the vulnerabilities of children and expose them to situations of abuse and
exploitation.
According to the report published in 2005 on Trafficking in Women and Children in India',
44,476 children were reported missing in India, out of which 11,008 children continued to
remain untraced. India, being a major source and destination country for trafficked children
from within India and adjoining countries has, by conservative estimates, three to five lakh
girl children in commercial sex and organized prostitution. Although there is a dearth of data
on the nature and magnitude of the incidence of child abuse in India, data on offences
against children reported by the National Crime Records Bureau (NCRB) is the only authentic
source to estimate the number of children in abusive situations. It is important to note here
that the NCRB data is only indicative in nature as it is based on the reported cases. It is also
an accepted fact that the majority of cases of child abuse go un-reported.
A RARE TYPE OF CHILD ABUSE
(a)Insertion of needles
Insertion of a sewing needle is one of the rarest form of child abuse reported. Insertion of
sewing needle into the child’s body through the skin or natural orifices is one the rarest form
of child abuse. In some regions and communities of the world5, it is linked with cultural
practice. There have been reports of insertion of needles to different parts of the victim’s
body such as the chest, hand, heads, feet, oral capacity, rectum and abdomen from around
the world. The cases of suspected child abuse by needle insertion into the body of a child
and it is supported by an X-ray of the whole body and a computerized tomography scan(CT
scan).
A 3-month-old boy was admitted with a history of multiple small eruptions over the
abdomen, skull and limbs which was followed by extrusion of sharp needle-like objects from
the abdomen, skull and limbs. 2 years ago, a similar case was noticed, a year old child died
because of the same cause. He was the sibling of a 3-month-old child. The parents had no
knowledge of such an occurrence. Primarily there were no signs of it, the child looked well
and at normal temperature. The detailed medical examination revealed scars of needle
insertion on the abdomen and the limbs whereas the CT scan revealed the insertion of
foreign bodies into the child. After the medical care, the child was discharged under
satisfactory conditions but it left a strong suspicion of child abuse. In the case of child abuse
by insertion of needles, it is quite difficult to find the culprit because of the child’s limited
expressibility.
(b)Fabricated or induced illness
In 2001 the royal college of Paediatrics and child health (RCPCH) introduced a rare form of
child abuse- fabricated and induced illness. This form of child abuse occurs when a caregiver
mispresents the child’s illness either by fabricated or produce symptoms and then
presenting the child for medical care where the caregiver disclaims the knowledge of the
cause of such illness or problem. This kind of child abuse is perpetrated by those who are
responsible to take care of the child i.e., the mother(mostly). It is slightly difficult to detect
and doctors play the most significant role in detecting such forms of abuse.
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APPROACH TOWARDS CHILD ABUSE
Parents are primarily responsible to care for and provide protection to their child. Even if the
parents are not able to provide care and protection a child6 must not suffer. Therefore, the
issue of child abuse and protection is dealt with by the government.
Role of Government
Government plays a crucial role when it comes to child protection. India has ratified the UN
Convention Rights of Children and has accepted the obligations. The government has
enacted various policies, schemes and acts for the development and protection of children.
Though the government has implemented several policies and schemes, there is still a gap
between the implementation and the outcome. For example, the Juvenile Justice (Care and
Protection) Act, 2000, which was amended in 2006 provided for the protection and care for
children in contact with the law and those who need it. Further, in 2007 National
Commission for Protection of Child Rights, CHILDLINE number 1098 – a telephonic helpline
number to report child abuse, issues related to the sexual offence are dealt with under the
POSCO Act.
Role of Non-government organizations (NGO)
Many NGOs are working 24×7 for the prevention of child abuse and promoting child welfare
and child protection. Due to the large number of children exposed to the violations,
sufferings and exploitations, NGOs and governments have to work together for welfare.
Various policies must be implemented by the government that can help NGOs to work for
child welfare. Especially related to the health, education, prevention of child abuse and
development of children.
Role of corporate sectors, religious institutions and professionals
The professionals, corporate sectors and religious institutions have a strong voice and
influence on society. They have the power to break certain stereotypes, traditions and
customs which violates the rights of the child and leads to child abuse. Professionals, people
working in the corporate sectors and religious institutions have to promote social changes as
may be necessary for the society, for the best interest of the child.
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PREVENTION OF CHILD ABUSE
Every child can’t be immuned against child abuse however it can be prevented. Given the
child population, particularly among the underprivileged urban and rural communities,
socio-economic constraint and lack of a well-developed system for child protection. Hence, it
is important to take all primary measures to prevent child abuse. Following preventive
measures can be considered:
Educating children about the sexual threats and advances, differentiating between a good
touch and bad touch.
Regularly communicate with children. Communication must be constant and friendly.
Donating money to the NGOs, as are working endlessly to prevent every form of child abuse.
Also, they conduct pan-India programmes to educate children, parents and communities
about sexual abuse and physical abuse.
Reporting incidents of child abuse either to the police or to an online system, online reports
are dealt with by the National Commission for protection of child rights.
Creating awareness about child’s right in society.
Doctors are to be trained to understand the complexity and help to collect evidence while
examining the child.
Creating a safe space for children in the community. Safe space refers to the place where a
child feels protected and secured.
MEASURES FOR CHILD PROTECTION
(i)Emergency situation
When a child is at serious risk or a crime has already been committed. In such an emergency,
First, contact the parents of the child only when not caused by them.
Second, contact the agencies that can support the child and parents. Like, police, Childhelp
line, NGOs, child welfare committee or district child protection unit.
Third, hand over the child to a responsible person. If needed, provide emergency support
such as food, shelter, clothes, medical expenses, etc.
Fourth, help to investigate authorities by providing evidence(if any) against child abuse.
And lastly, must ensure that the name of the child is not disclosed.
(ii)Non-emergency situation
Preventing child abuse doesn’t mean taking extreme measures. There might be situations
where the child is not at extreme risk but few signs of child abuse can be noticed. In such
situations, a person can,
Personally talking to the child: it is not at all easy to get involved and one must be careful.
But at the early stages of abuse, you can provide a listening ear, help, explaining what is not
correct and giving relevant information.
If a person can’t help personally, they can look for community support like childline (1908).
Also, the district child protection unit, and the child welfare officer at the police station can
be contacted.
CONCLUSION
Child abuse and neglect may have severe and long-term impacts on the child, as well as
negative social consequences such as greater engagement in the juvenile and criminal
justice systems. However, Communities may take action to reduce and even eliminate the
repercussions of abuse.Evidence-based services and supports can enhance protective factors
that lessen the impacts of abuse and give tools for families and communities to prevent
abuse from occurring. Child welfare agencies can assist with families and children.
Communities must take the lead in projects that build on their strengths and address
needs.India's Legal Position on Child Abuse and Prevention Solutions to End Violence,
Exploitation, and Exploitation. Progress has been achieved in raising societal awareness,
changing laws, and encouraging the elimination of child violence, abuse, and exploitation,
but more needs to be done. ensuring that survivors and their families get sensitive and
prompt protection and services UNICEF works on enforcing critical child protection
legislation and encouraging policies that safeguard children from violence, abuse, and
exploitation.Although child abuse is a big and complicated problem with numerous causes,
we should not take a deficit approach to its prevention. Although there is no good evidence
to guide our preventative efforts, there are several things' physicians may take to avoid
malpractice. At the absolute least, demonstrating greater care for the parent or guardian, as
well as our attempts to enhance the abilities of those parents or guardians, can assist spare
our most vulnerable patients from the horror of abuse and neglect.Overall, rape and sexual
abuse of minors in India is a significant problem with no clear cure. While the problem
persists globally, India's culture, which historically views women as inferior to males, makes
it hard to discuss intimate things such as, and a corrupt and poor judicial system when it
comes to rape exacerbates the situation.However, appropriate sexual abuse education for
children and adults, as well as police training and tightening of legislation, might help to
improve the issue.
