For children to develop into valued members of society, they must get proper
nurturing during their early years. Children are particularly vulnerable to
sexual assault and other forms of abuse because they represent the most
vulnerable segment of society. The definition of child sexual abuse is the use
of children for sexual purposes, which is a flagrant violation of their human
rights.
When kids don't tell adults about the issue, it gets worse fast and
spreads around the world, harming them physically, psychologically, and
spiritually. The Protection of Children from Sexual Offences Act, 2012, which
imposed harsh punishments, was the first law the Indian government passed to
combat the sexual abuse and exploitation of children.
The growing number of
instances, however, indicates that the Act's execution is inadequate and that,
as demonstrated by the most recent gang rape instances in Unnao and Kathua, law
enforcement organizations are uninterested in acting against the offenders of
this horrible crime. To increase the Act's effectiveness, the government was
consequently compelled to make changes.
This study examines the problems
surrounding child sexual abuse in India, including everything from the
underlying causes to the legal ramifications. This article provides a critical
analysis of the current legal framework, with a particular emphasis on the
recently enacted revisions to the POCSO Act. The effectiveness of these
adjustments is examined, and more strategies for effectively addressing this
heinous crime are suggested. This report also addresses child sex abuse in
India.
What Is Sexual Exploitation Of Children?
Child sexual exploitation (CSE) is a form of sexual abuse. It happens when a kid
or young adult is coerced, misled, or pushed into having sex in exchange for
whatever they might need or want gifts, drugs, money, status, or affection, for
example.
Because children and young people are sometimes deceived into believing
they are in a loving and consenting relationship , sexual acts may appear
consensual. Grooming is the term for this type of maltreatment. Because they
continue to believe in their abuser, they may not even be aware that they are
being abused. Technology can contribute to CSE just as much as in-person
interactions can.
Adolescents and minors may be trafficked into or out of the UK for sexual
exploitation. They are moved around the country and forced against their will to
engage in sexual actions, usually with many people. This constitutes abuse.
Another danger is the sexual exploitation of minors by gangs. Abusers may
intimidate or force a child or young adult into thinking they have no other
choice by using threats and physical violence. As a kind of control, they may
take the form of financial abuse, blackmail, or large loans that they know they
are unable to pay back.
Anyone has the capacity to dedicate themselves to CSE ,
regardless of age, gender, or ethnicity. The relationship could be characterized
as romantic, platonic. Adopted kids and teenagers could also be pressured to
'find' or coerce others to join groups. Adopted kids and teenagers could also be
pressured to 'find' or coerce others to join groups.
Child exploitation is a concerning worldwide issue that necessitates careful
investigation and action, especially when it takes the form of child sexual
exploitation. To provide important insights to the ongoing efforts to protect
children's rights and welfare, this research project aims to explore the complex
interactions between the societal and legal components surrounding the issue.
Children's vulnerabilities to various sorts of exploitation, especially online,
have become more apparent as the digital age progresses. Examining this complex
issue from a socio-legal perspective is essential to identify the underlying
causes, evaluate the effectiveness of current legal systems, and investigate
possibilities for stronger socio-cultural solutions.
Child exploitation, which can take many different forms, such as child labor or
sexual abuse, is a serious global danger to children's basic rights and dignity.
The development of technology has given these threats new dimensions, especially
in the form of child exploitation on the internet, posing hitherto unseen
difficulties for both legal and societal structures. Creating solutions that
effectively address the modern manifestations of child exploitation requires an
understanding of the historical background and the development of legislative
responses.
Forms of sexual exploitation of children:
Child Sexual Exploitation
The act of hiring, utilizing, influencing, encouraging, luring, or coercing a
minor kid to participate in sexually explicit behavior to create visual
portrayals is known as sexual exploitation of children. The following specific
behaviors are deemed to be sexual exploitation of a minor:
- Inappropriate contact with or exposure to a child
- Using language that is sexually explicit with a child
- Child's involvement in pornography
- Exposing a youngster to explicit content
- Early marriage under duress
- Sexual assault
- Incestuous relationships
- Slavery of sexual orientation
Transporting a kid between states or abroad with the intention of engaging them
in any of the acts is also considered sexual exploitation of children. This kind
of maltreatment of children
CSE might take place online or in person . Before sexually abusing a child, an
abuser will first win their trust by using violence or extortion to dominate
them. This is something that can occur quickly. consists of an adult exploiting
their position of power or trust for sex abuse.
A Youngster Who Is Sexually Abused Online May Be Coerced Or Coerced Into:
send or publish explicit photos of themselves, record or watch explicit videos,
or engage in suggestive dialogue. An abuser may use threats and blackmail to
coerce a young person into engaging in additional sexual behavior if they get
photographs, videos, or transcripts of discussions. They can even post the
pictures and videos online or share them with other people.
Gangs take advantage of women and children:
To impose authority and control to initiate the use of sexual assault as a
weapon. In addition to receiving drugs and alcohol, children and young people
may be asked to get-togethers with adults or people their own age. One or more
people may attack and sexually abuse them. Sexual abuse and attacks have the
potential to be brutal, de-humanizing, and humiliating. It's crucial to keep in
mind that someone who is intoxicated cannot consent to sexual activity.
Child Economic Exploitation
The use of a kid in any capacity for financial benefit is known as "economic
exploitation of a child," or "criminal exploitation of a child." This frequently
involves the "sale" or illicit adoption of children for financial gain, as well
as child labor, child slavery, and child sex tourism. Children are frequently
enlisted as soldiers and made to fight in war-torn nations, and they are also
frequently employed to assist in the sale and distribution of illegal narcotics.
The Cases That Relating To This Child Sexual Exploitation:
Example: "Mr. Ramesh is a middle school teacher who likes very young girls.
Ankitha is a 14-year-old student who sits in the front of his class, with her
long, blonde hair, and striking blue eyes Mr. Ramesh engages Ankitha, asking her
to help him grade papers school, promising to help her bring her grade to an A
if she wants." Ankitha trusts her teacher, and so begins going to his class each
day after school is out."
"Mr. Ramesh gets physically closer to her each day, often standing right behind
her, or reaching over her to help her with her work, and soon begins touching
Ankitha in ways that make her uncomfortable.' As the touching becomes more
intimate, Mr. Ramesh warns Ankitha that she shouldn't tell her parents about
their relationship, because they wouldn't want their little girl to be so grown
up. "Mr. Ramesh has used his position of authority and trust, as Ankitha's
teacher, to commit child sexual exploitation of a child, which is a felony."
The most important cases that can relate to child sexual exploitation in these
recent days is that the case Former Bombay High Court Judge Pushpa Ganediwala
case "The High Court judge had held that groping a minor's breast without
removing her clothes did not fall into the category of sexual assault under the
POCSO Act. judge Pushpa Ganediwala of Nagpur Bench had held that groping a
minor's breast without removing her clothes did not fall into the category of
sexual assault defined under Section 7 of the POCSO Act."
"She had saw while modifying an order by a sessions court that held a
39-year-old man guilty of sexual assault. The accused man had allegedly taken a
12-year-old to his house on the pretext of giving her a guava and had groped her
breast and attempted to remove her salwar."
The Supreme Court had stayed the High Court order, saying that the judgement was
"unprecedented" and "is likely to set a dangerous precedent. The Supreme Court held that sexual intent was the most important ingredient
constituting sexual assault under POCSO Act and "skin-to-skin contact" in such
incidents was not relevant.
Legislative measures addressing child exploitation:
- Protection of children from sexual offence (POSCO)
- Child labor laws
- Online child exploitation laws
- Child advocacy and supporting laws
- Mandatory reporting laws
Protection of children from sexual offence (POSCO):
Important Aspects of the POCSO Act:
As defined by the Act, "Children" are anyone under the age of 18. Gender is not
a factor in the Act. The Act defines various types of sexual abuse, including
but not limited to penetrative and non-penetrative assault, pornography, and
sexual harassment.
In some cases, such as when the victim is a mentally ill youngster, sexual
assault is "aggravated." Additionally, when someone in a trusted position like a
doctor, teacher, police officer, or family member commits abuse. Sufficient
measures are implemented to prevent the child from being revictimized by the
legal system. A police officer is designated by the Act to act as a child
protector while the case is being investigated.
The Act requires these actions to be taken, which makes the investigation
procedure as kind friendly as feasible, and the case is resolved within a year
of the offence being reported. The Act calls for the creation of Special Courts
to hear cases involving certain violations and other matters. Section 45 of the
Act gives the central government the authority to enact regulations.
The designated authority for overseeing the Act's implementation is the National
Commission for the Protection of Child Rights (NCPCR) and State Commissions for
the Protection of Child Rights (SCPCRs). Both are organizations mandated by law.
The POCSO Act will take precedence over other laws' provisions in the event of
inconsistency, according to Section 42 A of the Act. The Act mandates that
sexual offences be reported. Under the Act, making a false complaint with the
intention of defaming someone is illegal.
General principles of the POCSO Act
The Act mentions 12 key principles which are to be followed by anyone, including
the State Governments, the Child Welfare Committee, the Police, the Special
Courts, NGOs, or any other professional present during the trial and assisting
the child during the trial, which are:
- Right to life and survival: A child must be shielded from any kind of physical, psychological, mental, and emotional abuse and neglect.
- Best interests of the child: The primary consideration must be the harmonious development of the child.
- Right to be treated with dignity and compassion: Child victims should be treated in a caring and sensitive manner throughout the justice process.
- Right to be protected from discrimination: The justice process must be transparent and just; irrespective of the child's cultural, religious, linguistic, or social orientation.
- Right to special preventive measures: It suggests that victimized children are more likely to get abused again, thus preventive measures and training must be given to them for self-protection.
- Right to be informed: The child victim or witness must be well informed of the legal proceedings.
- Right to be heard and to express views and concerns: Every child has the right to be heard in respect of matters affecting him/her.
- Right to effective assistance: Financial, legal, counseling, health, social and educational services, physical and psychological recovery services, and other services necessary for the child's healing must be provided.
- Right to Privacy: The child's privacy and identity must be protected at all stages of the pre-trial and trial process.
- Right to be protected from hardship during the justice process: Secondary victimization or hardships for a child during the justice procedure must be minimized.
- Right to safety: A child victim must be protected before, during, and after the justice process.
- Right to compensation: The child victim may be awarded compensation for his/her relief and rehabilitation.
The Mathura case is the well-known name for this case.
Two officers sexually assaulted a young tribal girl while she was under their
care. The session judge's ruling that the woman had granted consent clarified
India's rape laws. Subsequently, the Bombay court declared that while the
session court's justices had made a distinction between sexual relations and
rape, they had not done the same when defining consent and passive submission.
The defendants were found guilty of rape because of these findings.
Subsequently, the Supreme Court decided that, since there was no proof of a
physical attack on the girl or any attempt at resistance, there was a chance the
girl had provoked the men. Because of this, our rape laws have undergone
considerable changes.
This kind of judgmental rationalization has led to considerable changes in our
rape legislation. The list below includes a few of them. The Indian Evidence Act
of 1872 underwent an amendment through the Criminal Law (Second Amendment) Act
of 1983. This act introduced section 114(A) which stipulates that in cases of
rape where it is proven that the accused participated in sexual activity, the
victim's claim that she did not consent will be rebuttable upon the court's
assumption.
Custodial rape was added to the Indian Penal Code, 1860 by section 376(2), which
covers crimes committed while the victim is under state custody. A fine and
stringent penalties await the offender of section 376(2) violations. fine and
strict imprisonment for a term that cannot be less than 10 years and may even be
life are imposed on the offender under section 376(2).
The Act altered the burden of proof, which is now always on the prosecution. In
rape cases when sexual contact has already been proved, the onus of proof will
now be on the accused.
As a result, both socially and legally, the Mathura rape case was noteworthy.
The Criminal Law (Second Amendment) Act of 1983 brought about a few improvements
to the Indian rape law, marking the first time that rape cases of this magnitude
in the country had provoked such widespread demonstrations and public uproar.
How to tackle the child sexual exploitation:
"Children were compelled to use the internet for education, amusement, and
everything in between during the Covid-19 lockdowns. Their average screen time
went up as a result. Children's online safety is under more threat because of
this extended online exposure. These days, children are far more likely to be
exposed to hazardous content due to the growing popularity of social media
platforms, the use of educational apps, and the transition to online learning .
Therefore, there is a greater need than ever to ensure children's welfare and
safety online.
Online child sexual abuse and exploitation includes things like creating and
disseminating child sexual abuse material (CSAM), sexually assaulting youngsters
live on camera, getting explicit material, engaging in exhibitionism, and
meeting the abuser. This presents Children who are prone to psychological
stressors like sadness, anxiety, or trauma may suffer grave consequences as a
result. Addiction to drugs and alcohol, self-harm, and decreased academic
motivation are among the behavioral changes that may result from it. That's not
all; childhood internet sexual abuse has far-reaching effects that may continue
into adulthood, hurting interpersonal connections and posing intimate problems.
Not only that, but the risk to the child continues even after the video is made
and shared; every time it is viewed or shared again, the victim is violated.
Effects of child sexual exploitation:
Child sexual exploitation can have profound and lasting effects on the victims.
These effects may include psychological trauma, such as depression, anxiety and
feelings of shame and guilt. Victims may also experience physical health
problems, substance abuse issues and difficulties in forming healthy
relationships and long-term emotional scars that impact their overall
well-being.
They can exhibit behavioral issues such as aggression, withdrawal, self-harm.
The effects of exploitation can interfere with a child's ability to concentrate
and learn, leading to academic difficulties and dropping out of school. They may
show sexualized behavior at an inappropriate age as the result of their
exploitation. In addition to this, they may suffer from physical health problems
such as sexually transmitted infections, chronic pain or other medical issues
related to exploitation or abuse.
This can extend into adulthood, affecting the victim's relationships, career
prospects and overall quality of life. Experiencing unemployment and misuse of
alcohol and drugs. Becoming pregnant at an early age may lead to the suicide of
the victims.
Prevention of the children from sexual exploitation:
Incorporation trauma-informed practices into various settings, such as schools,
healthcare facilities, and social service agencies can help professionals better
to understand and respond to the needs of survivors in a sensitive and
supportive manner. Providing accessible and specialized support services for
children who have experienced exploitation can help mitigate the long-term
effects and prevent further harm. This includes counseling and therapy and legal
advocacy tailored to the needs of survivors.
Addressing underlying factors such as gender inequality, power imbalances, and
harmful gender norms can help prevent exploitation by fostering environments
where all individuals are valued, respected, and empowered to assert their
rights and boundaries. Addressing the root causes of child sexual exploitation ,
such as poverty, homelessness, and family dysfunction, is essential for
preventing vulnerability and reducing risk factors for exploitation. This may
involve providing social support, and economic opportunities and educating
children and parents about online safety, including the risks of online grooming
and exploitation is crucial in today's digital age.
Teaching children how to recognize and respond to online threats as well as
setting appropriate boundaries for internet use, can help mitigate risks.
Teaching children and youth about their rights and how to assert themselves can
help prevent exploitation. Encouraging open communication and creating safe
spaces for children to express concerns. Providing training for professionals
who work with children, such as teachers, healthcare providers and social
workers on how to recognize and respond to signs of exploitation can help to
ensure early intervention and support for the victims.
The child should be assured not to feel guilty about their parents. They should
be caught about the good touch and bad touch.
Suggestions:
A diversified strategy is necessary to effectively address child sexual
exploitation. Encouraging stronger sanctions for criminals and better victim
support services are just two ways to strengthen laws and practices at all
levels. In addition, community education and awareness initiatives are essential
in teaching the public about the warning signs of exploitation and how to report
suspicions.
Youth who are empowered by focused programmers that emphasize healthy
relationships, assertiveness, and self-worth will be better able to identify and
reject exploitation. Specialized training guarantees that professionals who work
with children such as educators, medical staff, and law enforcement officers are
prepared to recognize and handle incidents in an efficient manner.
It is essential to include parents and other carers by providing them with
information and support to help shield their kids from exploitation. Report
abuse- If you witness a child being harmed or see evidence of abuse, make a
report to your state's child protective services department or local police.
When talking to a child about abuse, listen carefully, assure the child that he
or she did the right thing by telling an adult, and affirm that he or she is not
responsible for what happened.
In the current digital era, cooperation with technology companies to create and
execute technologies to identify and prevent online grooming and exploitation is
also crucial. Targeted assistance for vulnerable groups, such foster children or
young people experiencing homelessness, also aids in addressing underlying
weaknesses. It is essential to create multidisciplinary response teams with
experts from different fields to coordinate efforts and assist survivors.
Moreover, funding programmers and groups run by survivors that offer chances for
empowerment, advocacy, and peer support helps survivors speak more loudly and
supports a survivor-centered approach. To create safer environments for children
and avoid exploitation, evidence-based policies and resource allocation are
informed by comprehensive data collecting on the prevalence and features of
exploitation as well as by regular reviews of preventative programmer.
Conclusion:
A summary, preventing child sexual exploitation necessitates a multifaceted
strategy that includes support-based, educational, legal, and technical
measures. We may endeavor to create a safer environment for children and prevent
exploitation by putting into practice comprehensive tactics like enforcing
stronger laws, educating communities, empowering youth, helping survivors, and
working across sectors. The protection of children from danger must remain a top
priority, and we must act proactively to keep them safe.
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