CHILD ABUSE & FAMILY

VIOLENCE - THE ETHICAL AND

LEGAL ASPECTS
*part -2

-by Sukanya Chowdhury

M.Phil Trainee, 1st year.
 Family Violence and abuse
Roger Levesque (2001) offers one suitable definition: “Family violence includes family
members’ acts of omission or commission resulting in physical abuse, sexual abuse,
emotional abuse, neglect, or other forms of maltreatment that hamper individuals’ healthy
development”.
A government-convened panel of experts in the United Sates of America suggests
defining violence against intimate partners as consisting of three kinds of behaviors:
(a) physical violence, (b) sexual violence, and (c) threats of physical and/or sexual
violence.
Because violence is defined as “an act carried out with the intention of, or an act
perceived as having the intention of, physically hurting another person” (Steinmetz,
1987, p.729), the panel concluded that abuse should be defined broadly to include the
above three types of violent behaviors and two more forms:
(d) stalking and (e) psychological/emotional abuse (Saltzman, Fanslow, McMahon, &
Shelley, 1999).
The imprecision of definitions has contributed to differences of opinion and in some cases to
contentious debates about methods for assessing family violence. The terminology selected by
various scholars may not convey the extent of harm a specific act may cause. Some forms of
physical violence, such as cutting with a knife, cause observable physical harm, while others,
such as emotional abuse, cause less visible harm. Hence, observable harm is not a perfect
yardstick. Sexual abuse, for example, may have near-incapacitating effects that last a lifetime
but do not inevitably cause physical injury. A spouse can be emotionally tormented and
controlled by the other spouse without a blow being struck. Elders can be harmed through
neglect and financial exploitation, rather than physical assault.

Perhaps, some acts of family violence should be referred to as abuse rather than violence,
because they do not meet a physical harm standard. Because the definition is so unsettled,
most definitions of family violence use the terms violence and abuse interchangeably.

To offset confusion and dissension, progressive social scientists are now calling for
operationalized definitions for every type of family violence (Knickerbocker et al., 2007).
The Co-occurrence of Child Maltreatment and
Family Violence
It may come as no surprise that child maltreatment and marital violence very
frequently occur within the same family. Co-occurrence refers to situations
in which one or both adult partners are abusive not only toward the other but
also toward a child within the same family (Knickerbocker, Heyman, Slep,
Jouriles, & McDonald, 2007). The exact amount of abusive behaviors that
overlap is unknown but seems to extend between 30% and 60% (Appel &
Holden, 1998). According to M. A. Dutton (as cited in Dingfelder, 2006b),
child maltreatment and partner abuse are linked to such an extent that
scholars must address them jointly. Funding sources and advocate
organizations are beginning to note this linkage and are altering their
approaches to deal with cases of family violence accordingly.
The inability to view both forms of abuse as co-
occurring has led to a number of poor judicial decisions
in the past…
Scholars have commented on the vastly different mandates of the agencies
involved. In the United States of America Child Protective Services (CPS)
primarily focus on protecting children with much less concern toward mothers.
Battered women’s advocates focus primarily on the safety of both mothers and
children and on the rights of the mother. These different goals came to a head in an
adversarial manner when CPS charged a battered mother with child neglect
because she allowed her children to see her husband beat her. Incredibly, a New
York court in 1999 sided with CPS and found the mother guilty. Although higher
courts later soundly reversed the decision, the case made it clear that co-occurring
violence urgently requires professional attention (Clarke, 2006). For now,
representatives from both factions are attempting to resolve their different
approaches through collaborative exchanges.
Work with children at risk of abuse
involves four stages.
• The first step is learning to • The person in charge has
recognize the signs of child
abuse. The presence of a
to make a systematic
single sign does not prove investigation and reach a
the presence of child abuse, conclusive judgement
but a closer look at the about whether or not
situation may be there is a presence of
warranted when the signs child abuse.
appear repeatedly or their
seems to be a pattern.
recognition evaluation

Immediate Future
protection planning

• The primary concern should be • A proper long term plan

to intervene in the situation and should be developed keeping
to inform the respective in mind all aspects of the
authority figures who can take situation to ensure a safe and
proper action to ensure the secured future for the child
immediate safety of the child
■ It is arguable that the most important ethical obligation of any professional
involved in this work is continuing education in this complicated and fast-
developing field. This involves not only an awareness of the child's family,
community and culture and of the legal system available to protect the child,
but also of a system of specialist resources which includes obstetrics,
paediatrics, the psychiatry of childhood, adolescence and adult life, social work,
economics, social planning, psychology, moral education and an historical
perspective on all these issues.
■ Obviously, no one person can be an expert, or even minimally educated, in all
these fields. Theoretical interdisciplinary discussion and mutual education is
possible, though expensive and difficult to maintain, and a number of journals
and professional associations exist to further this end
 LEGAL ASPECT ETHICAL ASPECT

• Authorities in charge must adhere • Ethical issues, on the other hand,

to legal reporting requirements reflect standards of performance
related to the performance of and practice that are usually
their work. Mandates exist in identified by professional
many states to report elder abuse, organizations and often provide
spouse abuse and dangerous guidance to licensing bodies.
threats and behaviors. These legal Ethics is the “science of
requirements are mandatory and, morality”, (Homan, 1991) which
in many states, a practitioner can address what is the right thing to
be charged with a crime if they do and how we ought to behave.
fail to report.

Although in an ideal world legal and ethical requirements of practice should be clear, the
opposite appears to be the case. Not only are there inconsistencies between countries, but
there are also inconsistencies within jurisdiction, within the countries.
 CODE OF ETHICS
■ Children are also among the most affected by the policies and practices of government and
society. These policies and practices influence either directly or indirectly the protection of
children from abuse, which in the long-run have an impact on the future of society, Therefore,
child protection needs to be a top priority for all sectors of government and society that can
have an effect on children or that can play a role in protecting them.
■ To achieve this Be-Free( An African non-governmental organization dedicated to freeing
victims of trafficking, forced labor, and other forms of exploitation) developed a Code of
Ethics that is a result of the work of a group of professionals and specialists from different
sectors and from different parts of the world. Each member of this group contributed with
his/her knowledge and experience to put together a Code of Ethics that can serve as guidance
in protecting children from abuse.
■ The work on this code of ethics started during the international conference, “Effective
Strategies for the Prevention of child online Pornography, Trafficking and Abuse” that was
held by Be-Free Program in Bahrain on May 9-10, 2009, and under the patronage and
presence of Dr. Najat Ma’ala the United Nations Special Rapporteur on the sale of children,
child prostitution and child pornography.
These code of ethics are applicable to clinicians,
police, judiciary, parents, NGOs, government and
any figure in authority
■ Always put the interests and protection of children first when distributing,
disseminating or otherwise making available any information.
■ Do not pass judgment on individuals on the basis of race, ethnicity, nationality,
age, family connections, religious belief, physical or intellectual ability, or any
other personal characteristics.
■ Remember that responsibility for child abuse always rests with the adult(s) in the
situation. Never blame the child for any violation of his/her rights.
■ Be especially careful when reporting any events related to child abuse to ensure
that the child will not be harmed, either directly or indirectly
■ Remember that children are one of the most valuable and vulnerable members of
our society. Therefore, try to ensure that no mistakes are made when dealing with
stories of child abuse. If mistakes are made, take all possible steps to correct them
and to set the record straight for the public.
■ Protect children from deliberate and accidental exposure to adult material
by applying the latest technology for protecting children from unsafe
content, particularly in the realm of electronic media.
■ Be courageous. Once the facts of a situation have been established, do not
hesitate to expose and hold individuals accountable, regardless of their
social/political/financial power or influence.
■ Ensure the anonymity and confidentiality of the child and consider all
ethical issues in all reports that include real cases of child abuse.
■ Work in partnership with other organizations as much as possible to
encourage child protection and to reduce the harm that the media can have
on children.
■ Make the issue of child rights and child protection a top priority in the
parliamentary agenda
■ Be aware of the achievements and progress related to child rights and child
protection in other parliaments of the world and take into consideration the
lessons that have been learnt.
■ Ensure that the articles of the UN Convention on the Rights of the Child are
reflected in legislation and in pratice. Legislation and practices surrounding
child rights and child protection need to be revised at the end of each
parliamentary cycle to keep up to date with the rapidly changing technology
used by offenders to commit crimes of child abuse and to evade the law.
■ Encourage and support research into the field of child abuse in order to
understand the scale of the problem and the behavior of the offenders.
■ Work with relevant local organizations to ensure a safe environment for
children, to protect children from abuse, and to adopt UN norms and
standards in this regard.
■ Ensure that funds from the national budget are continually allocated to
ensure an effective child protection system.
■ Consult all relevant stakeholders (international organizations, civil society
actors, etc.) to develop and implement comprehensive policies aimed at
preventing and counteracting all forms of child abuse while ensuring the
protection and rehabilitation of child victims.
■ Involve children in policy decisions that affect their lives.
■ Raise awareness in society and take steps to influence public opinion
about all issues relates to child protection.
■ Ensure that NGO staff and volunteers are educated about child protection
laws so that they can avoid committing any type of child abuse in their
personal lives, within the NGO, and in the course of the NGOs work.
■ Develop child protection guidelines and procedures and carry out
adequate child protection training of all staff to ensure the monitoring and
implementation of these guidelines.
■ Utilize the most advanced technology available to ensure child protection
and to prevent child abuse.
■ Have a proactive and robust strategy for the protection of children from
all forms of abuse and for dealing with child abuse cases, and implement
this strategy with the utmost thoughtfulness, care and integrity. Develop
people-friendly strategies to gain the trust of people and the community,
especially families and children.
■ Ensure the availability of child friendly courts.
■ Ensure that judges involved in child abuse cases are highly trained and
are aware of child abuse, grooming techniques, and internet crimes.
■ Ensure the use of child-sensitive methods in questioning children about
abuse and in investigating all cases related to child abuse.
■ Ensure that the child’s intention is never questioned when dealing with a
child abuse case and that the adult is always held accountable.
■ Ensure a fair and thorough investigation of child abuse cases, which often
may require involving experts on the subject.
■ Incorporate basic protection skills (online and offline) in children and teen
curriculums and activities in a manner that is appropriate to their age group,
their level of knowledge, and the modern world in which they live.
■ Ensure that children of all educational levels have access in their schools to
a knowledgeable, trustworthy and highly trained person to whom they can
report child abuse when it happens or when the child is fearful that it is
going to happen.
■ In a non-frightening way, provide students with basic self protection
skills to avoid and combat the types of abuse that children might be
subject to. Make children aware of good touch and bad touch
■ Always make the child’s best interest the top priority when dealing with
child abuse cases in schools, giving it even greater importance than the
reputation of the family, school or Ministry.
WHAT MAKES CHILD ABUSE A BONA FIDE
AND SIGNIFICANT MORAL ISSUE?

Child abuse constitutes a significant moral problem and, as such, demands a

substantial moral response. it is generally accepted that something involves a
(human) moral/ethical problem where it has as its central concern:
■ the promotion and protection of people’s genuine wellbeing and welfare
(including their interests in not suffering unnecessarily)
■ responding justly to the genuine needs and significant interests of different
people
■ determining and justifying what constitutes right and wrong conduct in a given
situation.
■ people have a moral responsibility to not cause unnecessary harm to others and,
where able, ought to come to the aid of those who are suffering and in distress.
These considerations all apply in the case of child abuse. As can be
readily demonstrated, the problem of child abuse fundamentally
concerns:

■ promoting and protecting the wellbeing and welfare of children at risk of harm
because of the abuse and neglect by more powerful others
■ protecting children from this harm, requiring a careful calculation and balancing of
the needs and interests of ‘different people’; for example, the children themselves,
their primary caregivers (who are often, although not always, the abusers), others
(such as family, friends) who may also have an important relationship with the
child, prospective notifiers (who may themselves sometimes experience negative
outcomes — including violence and abuse — as a result of their interventions
aimed at protecting children at risk), society as a whole and, not least, future
generations (who may find themselves unwitting participants in the sequelae of
intergenerational abuse)
■ determining and justifying the ‘rightness’ and ‘wrongness’ of intervening or not
intervening in a case of known or suspected child abuse.
■ the moral responsibility people have to not cause unnecessary harm to children and,
where able, to come to the aid of children who are suffering and in distress as a
result of being maltreated and/or neglected by others.
Ethical Dilemmas and Ethical Decision Making

ETHICAL DILEMMAS arise when one has to make a decision from two or more choices.
In reality, sometimes there is no clear-cut right or wrong answer from among those choices,
and competing obligations and interests could be involved. For example, Linzer (2004)
highlights the ethical dilemma of a social worker whose elderly abused clients choose to
remain in an abusive environment even though better options are offered. Such refusal leads
to conflicts among the ethical principles of “autonomy, beneficence and paternalism, and
nonmaleficence, and ambiguity over determining decision-making capacity”
Ethical decisions should be made in systematic and
logical ways and might comprise of the following
analytical steps
■ Step 1: Assess the Facts
■ Step 2: Identify the Relevant Ethical Standards
■ Step 3: Assess the Practical Concerns That Affect the Decision-Making Process
■ Steps 4 : Consider the Possible Courses of Action
■ Step 5 : Consider the consequences of the Possible Courses of Action
A Brief on Child Protection Policies

As per The Constitution of India, Article 15(3), State must make special
provisions for children. Article 39 of Part IV of the Constitution asks the
State to direct its policy towards securing (among other things), that children
are not abused; not forced by economic necessity to enter avocations
unsuited to their age or strength; and that they are given opportunities to
develop in a healthy manner and in conditions of freedom and dignity,
protected against moral and material abandonment.
Further, the UN Convention on the Rights of the Child (UNCRC), adopted
by the UN General Assembly in 1989, delivers universal recognition of
children’s rights to its member nations.
Indian legislation for child protection
■ Furthering the vision of the UNCRC, the Juvenile Justice (Care and Protection of Children) Act,
2015 is India’s fundamental law in dealing with children in need of care and protection. It caters to
their needs through care, protection, development, treatment, social reintegration, through its
child-friendly approach by addressing matters in the best interest of children.

■ The Protection of Children from Sexual Offences Act (POCSO), 2012 is one of the Indian
government’s most progressive laws, to combat sexual violence against children. POCSO Act has
detailed provisions and separate dealings for all kinds of sexual assault on a child. Even mere
awareness about a child sexual abuse case without reporting it to the concerned authorities is a
crime punishable with a fine imprisonment for 10 years, which imprisonment under the POCSO
act.

■ The Criminal Law (Amendment) Act, 2013’s introduction of several new sexual offences under
the Indian Penal Act, such as Section 376(2)(i), IPC, which punishes rape of a female under 16
years is considered an aggravated form of rape punishable with a fine and a minimum term of
rigorous imprisonment for 10 years, which can be extended to life imprisonment.
A BRIEF LOOK INTO THE DIFFERENT TYPES OF CRIME AND
THEIR LEGAL PROVISIONS WITH RESPECT TO CHILD ABUSE
AND FAMILY VIOLENCE IN THE INDIAN PENAL CODE.
Sex – Selective abortion, Female foeticide and infanticide

■ The main law for prosecuting persons who are engaging in sex selective abortion is the Pre-conception and Pre-natal Diagnostic
Techniques (Prohibition of Sex Selection) Act, 1994. The offences under the Act include the following.
■ Conducting or associating or helping in the conduct of PND techniques/tests in an un-registered unit
■ Sex selection on a woman or a man or both or on any tissue, embryo, conceptus fluid or gametes derived from either or both of them
■ Taking the services of an un-qualified person, whether on honorary or payment basis.
■ Conducting a PND test for any purpose other than those mentioned as permissible in the Act.
■ Sale, distribution, supply, renting, allowance or authorization of use of any ultrasound machine or any other equipment capable of
detecting sex of a foetus to non-registered units.
■ Advertisement or communication in any from in print, electronic media or internet by units, medical professionals or companies on
the availability of sex determination and sex selection in the form of services, medicines, or any kind of techniques, methods or
ayurvedic medicines.
Apart from this law, the following sections from the Indian Penal Code, 1860 are also important.
■ When death is caused by a person (Section 299 and Section 300).
■ Voluntarily cause a pregnant woman to miscarry the unborn baby (Section 312).
■ Act done with intent to prevent a child being born alive or to cause it to die after birth (Section 315).
■ Causing death of an unborn child (Section 316).
■ Exposing and abandoning of a child below 12 years (Section 317).
■ Concealing the birth of a child by secretly disposing her/his body (Section 318).
The punishment for these offences extends from two years up to life imprisonment, or fine or both.
Child Labour
■ Prohibition of Child Marriage Act, 2006 envisages preventing child marriages with enhanced
punishments of rigorous imprisonment for two years and/or fine of INR 1 lakh.
■ It defines a child to mean a male below 21 years and female below 18 years. A minor is defined as
a person who has not attained the age of majority as per the Majority Act.
■ There are provisions for maintenance of the girl child. The husband is liable to pay the
maintenance in case he is a major. In case the husband is a minor, his parents would be liable to
pay the maintenance.
■ The legal status of a child marriage is voidable at the option of the parties. However, if the consent
is obtained by fraud, deceit or if the child is enticed away from his lawful guardians and if the sole
purpose is to use the child for trafficking or other immoral purposes, the marriage would be void.
■ The Act also provides for the appointment of a Child Marriage Prohibition officer whose duties
are to prevent child marriages and spread awareness regarding the same.
Child Labour
■ Children (Pledging of Labour) Act, 1933 declares any agreement by a parent or guardian to pledge the labour of a child below
15 years of age for payment or benefit other than reasonable wages, illegal and void. It also provides punishment for such
parent or guardian as well as those who employ a child whose labour is pledged.
■ Article 24 enshrined in the Fundamental Rights and the Directive Principles of State Policy, lays down that no child below the
age of 14 years shall be employed to work in any factory or mine or engaged in any other hazardous employment.
■ The Bonded Labour System (Abolition) Act, 1976 prohibits forcing a person into bonded labour for debt repayment. The act
extinguishes all debt agreements and obligations. It prohibits creation of any new bondage agreement and discharges bonded
labourers from all debts for which they were bonded. Compelling a person to render bonded labour is punishable under the
law. This includes punishment for parents who pledge their child or other family members to work as a bonded labourer.

■ The Child Labour (Prohibition & Regulation) Act (CLPR Act) 1986 prohibits employment of a child in 18 occupations and 65
processes and regulates the conditions of working of children in other occupations/ processes. As per this Act a child means
any person who has not completed 14 years of age. The Act provides punishment for the offence of employing or permitting
employment of any child in contravention of the provisions of this Act.

List of other labour laws that prohibit child labour and/or regulate working conditions for child labourers and can be used to book
the employers is as follows:
• The Factories Act, 1948.
• The Plantation Labour Act, 1951.
• The Mines Act, 1952.
• The Merchant Shipping Act, 1958.
• The Apprentices Act, 1961.
• The Motor Transport Workers Act, 1961.
• The Beedi and Cigar Workers (Conditions of Employment) Act, 1966.
• The W.B. Shops & Establishment Act, 1963.
 Child trafficking
■ The legal framework available for dealing with a case against child trafficking is as follows:
■ The Indian Penal Code 1860 - The IPC punishes cheating, fraud, kidnapping, wrongful confinement, criminal intimidation,
procuring minors, buying and selling of minors for immoral purposes.
Special and Local Laws that can be used to book particular forms and purposes of trafficking include:
■ Andhra Pradesh Devadasi’s (Prohibition of Dedication) Act, 1988 or Karanata Devadasi (Prohibition of Dedication) Act, 1982
■ Bombay Prevention of Begging Act, 1959.
■ Bonded Labour System (Abolition) Act, 1976.
■ Child Labour Prohibition & Regulation Act, 1986.
■ Child Marriage Restraint Act, 1929.
■ Guardian ship and Wards Act, 1890.
■ Hindu Adoption and Maintenance Act, 1956.
■ Immoral Traffic (Prevention) Act, 1986.
■ Information Technology Act, 2000.
■ Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.
■ Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989.
■ Transplantation of Human Organ Act, 1994.
 Corporal Punishment
There is no Central legislation in India banning corporal punishment in schools. The
following States, however, have enacted laws or made policies to ban it.

■ Tamil Nadu
■ Goa
■ West Bengal
■ Andhra Pradesh
■ Delhi
■ Chandigarh
 States prohibiting all corporal punishment of children,
including in the home:
2020 - Japan, Seychelles 2019 - Georgia, South Africa, France, Republic
of Kosovo
2018 - Nepal 2017 - Lithuania
2016 - Mongolia, Montenegro, Paraguay, Slovenia 2015 - Benin, Ireland, Peru
2014 - Andorra, Estonia, Nicaragua, San Marino, Argentina, Bolivia, Brazil, Malta 2013 - Cabo Verde, Honduras, North Macedonia
2011 - South Sudan 2010 - Albania, Congo (Republic of), Kenya, Tunisia, Poland
2008 - Liechtenstein, Luxembourg, Republic of Moldova, Costa Rica 2007 - Togo, Spain, Venezuela, Uruguay, Portugal, New
Zealand, Netherlands
2006 - Greece 2005 - Hungary
2004 - Romania, Ukraine 2003 - Iceland
2002 - Turkmenistan 2000 - Germany, Israel, Bulgaria
1999 - Croatia 1998 - Latvia
1997 - Denmark 1994 - Cyprus
1989 - Austria 1987 - Norway
1983 - Finland 1979 - Sweden
Juvenile justice
■ Juvenile Justice (Care and Protection) Act 2015 - The JJ Act, 2015 provides for strengthened
provisions for both children in need of care and protection and children in conflict with law. Some
of the key provisions include:
■ change in nomenclature from ‘juvenile’ to ‘child’ or ‘child in conflict with law’, across the Act to
remove the negative connotation associated with the word “juvenile”;
■ inclusion of several new definitions such as orphaned, abandoned and surrendered children; and
petty, serious and heinous offences committed by children;
■ special provisions for heinous offences committed by children above the age of sixteen year;
■ separate new chapter on Adoption to streamline adoption of orphan, abandoned and surrendered
children;
■ inclusion of new offences committed against children
Child begging
■ Kidnapping or maiming a minor for begging is punishable under Section 363A of IPC.
As per Section 2(1) of the Bombay Prevention of Begging Act, 1959, “Begging” means-
■ Soliciting or receiving alms, in a public place whether or not under any pretence such as
singing, dancing, fortune telling, performing or offering any article for sale;
■ entering on any private premises for the purpose of soliciting or receiving alms;
■ exposing or exhibiting any sore, wound injury, deformity of diseases whether of a human
being or animal, for extorting alms;
■ allowing oneself to be used as an exhibit for the purpose of soliciting or receiving alms;
■ having no visible means of subsistence and wandering about or remaining in any public
place in such condition or manner, which makes it likely that the person doing so exist
for soliciting or receiving alms;
Presently, there is no Scheme of the Central Government on Beggary nor there is a central law on the matter. The States are responsible for taking
necessary preventive and rehabilitative steps. Around 22 States / Union Territories have enacted their own anti-beggary legislation or adopted
legislation enacted by other States/UTs.
ANDHRA PRADESH

ASSAM

BIHAR

CHATTISGARH

GOA

GUJARAT

HARAYANA

HIMACHAL PRADESH

JAMMU & KASHMIR

JHARKHAND

KARNATAKA
Presently, there is no Scheme of the Central Government on Beggary nor there is a central law on the matter. The States are responsible for taking
necessary preventive and rehabilitative steps. Around 22 States / Union Territories have enacted their own anti-beggary legislation or adopted
legislation enacted by other States/UTs.
KERALA

MADHYA PRADESH

MAHARASHTRA

PUNJAB

SIKKIM

TAMIL NADU

UTTAR PRADESH

UTTARAKHAND

WEST BENGAL

DAMAN & DIU

DELHI
An Overview of the Protection of Children from Sexual Offences Act, 2012

The POCSO Act, 2012 is a comprehensive law to provide for the protection of children from the offences
of sexual assault, sexual harassment and pornography, while safeguarding the interests of the child at
every stage of the judicial process by incorporating child-friendly mechanisms for reporting, recording of
evidence, investigation and speedy trial of offences through designated Special Courts.
■ The said Act defines a child as any person below eighteen years of age, and defines different forms of
sexual abuse
■ In keeping with the best international child protection standards, the said Act also provides for
mandatory reporting of sexual offences.
■ The said Act also casts the police in the role of child protectors during the investigative process. Thus,
the police personnel receiving a report of sexual abuse of a child are given the responsibility of
making urgent arrangements for the care and protection of the child, such as obtaining emergency
medical treatment for the child and placing the child in a shelter home, should the need arise. The
police are also required to bring the matter to the attention of the Child Welfare Committee (CWC)
within 24 hours of receiving the report, so the CWC may then proceed where required to make further
arrangements for the safety and security of the child.
■ The said Act makes provisions for the medical examination of the child in a
manner designed to cause as little distress as possible. The examination is to
be carried out in the presence of the parent or other person whom the child
trusts, and in the case of a female child, by a female doctor.
■ The said Act provides for Special Courts that conduct the trial in-camera
and without revealing the identity of the child, in a child-friendly manner.
Hence, the child may have a parent or other trusted person present at the
time of testifying and can call for assistance from an interpreter, special
educator, or other professional while giving evidence; further, the child is
not to be called repeatedly to testify in court and may testify through video-
link rather than in a courtroom.
■ Above all, the said Act stipulates that a case of child sexual abuse must be
disposed of within one year from the date the offence is reported. It also
provides for the Special Court to determine the amount of compensation to
be paid to a child who has been sexually abused, so that this money can
then be used for the child‟s medical treatment and rehabilitation.
The fundamental principles to be followed in the determination of a case
involving a sexual offence against a child have been laid down in various
international instruments and in the Preamble to the POCSO Act, 2012 itself

A) Right to life and survival

B) Best interests of the child
C) Right to be treated with dignity and compassion
D) The right to be protected from discrimination
E) Right to special preventive measures
F) Right to be informed
G) Right to be heard and express effective views and concerns
H) Right to effective assisstance
I) Right to privacy
J) Right to be protected from hardships during justice trials
K) Right to safety
L) Right to compensation
Amendment to POCSO Rule, 2020 while replacing earlier
2012 rules

The rule 3 of the POCSO Rules, 2020 provide for awareness generation and capacity building:
■ The central government or state government shall prepare age-appropriate educational material and
curriculum for the children, which will include various aspects of personal safety and measures to
protect physical and virtual identity, prevention and protection of sexual offence and report mechanism
with inculcation of gender sensitivity, gender equality etc.
■ It further states that dissemination of suitable information by respective government. The responsibility
is placed on the central government and every state government to take measures to spread awareness
about possible risks and vulnerability etc. The responsibility is placed on the institution housing
children or coming in regular contact with children to ensure that periodic training is organised for
educating them on child safety and protection. The Central Government and every State Government
shall provide periodic trainings for those who are coming in contact with children to sensitize them
about child safety and protection and educate them regarding their responsibility under the Act.
■ Rule 4 made provision for Procedure regarding care and protection of child.––
■ Where any Special Juvenile Police Unit (“SJPU”) or the local police receives any
information under sub-section (1) of section19 of the Act from any person including the
child, the SJPU or local police receiving the report of such information shall forthwith
disclose to the person making the report, his/her designation, the address and telephone
number, the name, designation and contact details of the officer supervising the officer who
received the information.
■ If the child helpline- 1098 received any information regarding the commission of the
offence, then such information should be immediately reported to SJPU or Local police.
Where an SJPU or the local police, as the case may be, receives information in respect of
an offence that has been committed or attempted or is likely to be committed, the authority
concerned shall, where applicable,
■ Proceed to record and register a First Information Report as per section 154 of CrPC and
furnish a copy thereof free of cost to the person making such report as per Section 154(2)
of CrPC.
■ In case if a child needs any medical care as described in section 19(5) of the Act or under
rule, then arrangement must be made to the child to access such care, in accordance with
the rule 6
■ take the child to the hospital for the medical examination as per section 27 of the Act;
■ ensure that the samples collected for forensic tests are sent to the forensic laboratory immediately;
■ inform the child and child’s parent or guardian or other person in whom the child has trust and confidence of the
availability of support services including counselling, and assist them in contacting the persons who are
responsible for providing these services and relief;
■ inform the child and child’s parent or guardian or other person in whom the child has trust and confidence as to
the right of the child to legal advice and counsel and the right to be represented by a lawyer, in accordance with
section 40 of the Act.
■ Where SJPU or the local police receives information under section19 (1) of the Act and has apprehension of the
commission of the offence then such SJPU or the local police shall produce the child before the concerned child
welfare committee within 24 hours from receipt of such report, with reason in writing as to whether the child is
need of care and protection under section 19(5) of the Act with request of assessment.
■ Upon receipt of a report under sub-rule 3, the concerned CWC must proceed, in accordance with section 31(1) of
the Juvenile Justice Act, 2015, to determine whether the child needs to be taken out of the custody of child’s
family or shared household and placed in a children’s home or shelter home.
■ In determination under sub-rule 4, the CWC shall take into account any preference or opinion expressed by the
child on the matter, with regard to the consideration listed in the rule. Information of determination shall be made
to affected child or child’s parents etc. The CWC, on receiving a report under section 19 (6) of the Act or on the
basis of its assessment made under sub-rule (5) and with the consent of the child and child’s parent may provide a
support person to render assistance to the child in all possible manner throughout the process of investigation and
trial, and shall immediately inform the SJPU or Local Police about providing a support person to the child. Sub-
rule 9 directed to maintain confidentiality of the information by the support person. Sub-rule 10 provide the SJPU
or the local police shall, within 24 hours of making such assignment, inform the Special Court in writing, in case
of support person is provided to the child. Sub-rule 11 made provision for service of support person.
■ Rule 5 made provision for Interpreters, translators, special educators, experts and support
persons.
■ Rule 6 provides for Medical aid and care, under which provision has been made to
arrange to take such child to the nearest hospital or medical care facility center for
emergency medical care, by an officer appointed under the rule.
■ Rule 7 provides for Legal aid and assistance.
■ Rule 8 made provision for Special relief.
■ Rule 9 provides for Compensation to victims. It provides such interim compensation
paid to the child shall be adjusted against the final compensation, if any, after registration
of FIR. The power is given to special court to award compensation at various stages.
■ Rule 10 provide for “Procedure for imposition of fine and payment”
■ Rule 11 for “reporting of pornographic material involving a child”.
■ Rule 12 provide for “monitoring of implementation of the Act”. The duty to implement
the rules has been conferred on The National Commission for the Protection of Child
Rights or the State Commission for the Protection of Child Rights
 Legal aspects of family violence
There are several laws in the IPC that safeguard and protect the rights of victims of family
violence:
■ There are several laws protecting a married woman from abuse from her husband or her
husband’s relatives. Under Section 498A of the Indian Penal Code, harassment for dowry
by the husband or his family is considered a crime. This harassment can be either mental or
physical. Even though marital rape is still not recognized as a crime in India, forced sexual
intercourse with one’s wife can be considered cruelty under this section. Section 498 A has a
wide scope. It also covers any and all wilful conducts against a woman which drive the
woman to commit suicide or grave injury or risk to life, limb or overall health. Again, health
includes the mental and physical healthof the woman.
■ Furthermore, the Protection of Women against Domestic Violence Act 2005 prohibits a
wide range of abuse against women — physical, emotional, sexual and economical and all
these are extensively defined under the Act. The scope of the Act covers women who are in a
live-in relationship and are not married.
Laws for helping senior citizens in families

■ In 2017, Delhi High Court passed a ruling saying that abusive adults could be evicted
from their parents’ home. This property need not be owned by the parents or self-
bought. It could be any property in which the parents are in legal possession of. This
law brings much-needed relief to senior citizens who are at the mercy of their children
and are abused by them.
■ The Government of India has passed the Maintenance of Parents Act in 2007, then
amended in 2013 and 2018. The original Act decreed that the sons have a legal
obligation towards taking care of their parents. In 2013, the parents could complain
against them and the sons could be held legally for not supporting their parents. In the
amendment of 2018, daughters and sons-in-law were also held responsible for
supporting their parents. The Parents and Senior Citizens Act of 2007 is a bill that
makes it a legal obligation for children and legal guardians to provide maintenance to
older adults.
■ A victim of family violence is still a victim, no matter the gender. Even though
the IPC doesn’t exclusively have any laws for men under the section of family
violence or domestic abuse, that doesn’t mean such incidents do not occur or
should go unreported. The worst consequences of this are usually experienced
by individuals belonging to the transgender community, intersex individuals or
men who are in a same sex relationship. Family acceptance in such cases is
often very rare and incidents of family violence and physical/emotional abuse
are quite high.
■ In such cases, a report should be filed against the perpetrator under other
related laws in the IPC that are relevant in the case and the survivors of abuse
should be given proper medical and psychological treatment.
As Amato (1990) notes in his Victims and values: a
history and a theory of suffering (p 175):

There is an elemental moral requirement to respond to innocent suffering.

If we were not to respond to it and its claims upon us, we would be without
conscience and, in some basic sense, not completely human. And without
compassion for others and passion for the causes on behalf of human
wellbeing, what is best in our world would be missing.
Thank You!!!