Childhood should be carefree, playing in the sun; not living a nightmare
in the darkness of the soul.ï¿½
One of the common & basic problems around the world is a crime against children
as we all know that children are most vulnerable to crime because of lack of
physical power also the knowledge in them to understand between the good or bad
is less as compared to an adult.
In today's research, we will try to analyze the common offences against the
child and how to overcome the same.
Definition of a child:
According to the world health organization
A child is a one who is 19 years old and younger to them unless national law
provides other age of an adult. However, those people who fall into the age of
10 to 19 are known as an adolescent.
A person who is in a process of developing from a child to an adult.
In India child is defined as a person below 14 years of age the recently amended
juvenile justice amendment act defines children between the ages of 16 ï¿½ 18
years as an adult if they commit any heinous crime.
Different offences against a child:Now let us discuss some of the general offences against Child
Child labour is not a unique problem to India according to UNICEF report India
has a large number of children employed in hazardous jobs as we discussed above
the definition of a child those who fall under the definition are not allowed to
work even as a housemaid or something but those who fall under the definition of
an adolescent can be employed except in hazardous jobs.
Now let us understand in quick that what does hazardous job means the jobs in
which there was a high risk to life is known as hazardous jobs.
Despite heavy punishments underï¿½Child Labor (Prohibition and Regulation) Act,
1986 this problem is not decreasing in India let us examine some data from the
2011 census. According to the census, India has nearly 10.1 million working
children out of which UP, Bihar, Madhya Pradesh, Maharashtra, and Rajasthan are
Child marriage defines as a marriage of a girl & boy before the age set by the
court it includes both formal and informal union child marriage puts the child
at the high risk of abuse and also destroy their life because everyone has a
right to choose their life as they like it was observed by UNICEF that rate of
child marriage is decreasing in India but still there are a lot of places in
which these type of customs are still prevalent the real reason, in my opinion,
is proper education the govt have to start setting up the educational
institution at the ground level also because education is one of an important
key of self-awareness. Now let us understand it by the data given by UNICEF.
Child pornography is a type of sexual exploitation of a child according to
federal law child pornography is a visual depiction of sexually explicit content
Child pornography is a very serious offence because it is worth destroying the
whole life of a minor because after that incident maybe he will not able to
trust anybody in his life. The sexual abuse against the child is a very common
problem because they seem to be an easy target both physically and mentally. The
internet in todayï¿½s world work as both boon & bane there is many uses of the
internet but it is worth of destroying oneï¿½s life it was observed by the federal
law that in most of the cases when the child get to know that his sexual abuse
images are on the internet he will live as a victim whole of his life.
Now let us quickly try to understand it from data given by various sources It
was observed that national security has reviewed nearly 25 million images which
include sexual abuse of child currently the USA was leading in publication and
consumption of child pornography but according toï¿½India child protection
fundï¿½there is a steep increase of child porn in lockdown.
Child trafficking is a serious problem around the globe many children annually
trafficked from one place to another. The child trafficking generally takes
place because of making them work as a beggar or prostitute according to U.S
department India is a source of the child trafficking the real reason behind the
child trafficking is the social strata in the country.
According to 2014 report on human trafficking by united nation office on drugs
and crime, 27 % of human trafficking victims are children out of which maximum
number is of girls child trafficking is generally happens either for the sex
trade or child labour.
Abduction and kidnapping of a child
It was observed that generally abduction and child trafficking both are linked
process abduction of a child happens to make him sell for illegal trades if the
govt wants to tackle the problem of child trafficking then they have to control
the problem of abduction but it is not the only reason for which abduction
happens some of the other causes for abduction are:
- Person grudges
- Family dispute
Acts & punishments:
Now as we discussed some of the main problems in the life of a child let us
discussed the steps that the government had taken to tackle those problems:
Punishment of Crime against children under Indian penal code
- Assault on a lady (Girl Child) with Intent to Outrage her Modesty
(section 354 IPC) - The punishment for disrobing any girl and also compelled
her to be naked shall be punished with minimum 3 years and maximum 7 with
- Sexual Harassment (Section 354A IPC) ï¿½ Any person who tries to harass
any girl in a way that sexually remarks her shall be punished for 1 year and
if make physical contact with her than the punishment will be going up to 3
- Assault or Use of Criminal Force to Girl Child with Intent to Disrobes
(Section 354B IPC) ï¿½ As we discussed above that if the man compelled any
girl to be naked shall be punished with minimum 3 years and maximum 7 years
- Voyeurism (Section 354C IPC )-Any person who tries to watch or capture
any women or girl engaged in the private activity shall be punished for
minimum 1 year and maximum three years on first conviction and on second
conviction minimum 3 and maximum 7 years.
- Kidnapping & Abduction (Section 363, 364,364A, 365, 366, 367, 368 & 369
IPC). - The maximum punishment for kidnapping a child is 7 years.
- Abetment of Suicide of Child (Section 305 IPC) - whoever abets any child
to commit suicide shall be punished with death or imprisonment for life or a
term not exceeding ten years with a fine.
- Importation of Girls from Foreign Country (Section 366-B IPC) (under 18
years of age) ï¿½ whoever imports in India any girl after the full knowledge
of the fact that she will be forced for sexual intercourse shall be punished
with a maximum punishment of 10 years & fine.
- Buying of Minors for Prostitution (Section 373 IPC) ï¿½ whoever buys hires
or attain possession of any child illegally shall be liable for the
punishment which may extend to ten years included fine.
- Selling of Minors for Prostitution (Section 372 IPC) ï¿½ whoever sells any
minor with the intent to engaging him income illegal and unlawful trade
shall be punished with imprisonment which may extend to ten years included
Crime against children under special local laws:
- Prohibition of Child Marriage Act, 2006 ï¿½ Came into force on 1stï¿½
November 2007 the main aim of this act is to prohibit the child marriage
also to make sexual intercourse with minor child punishable.
- Child labour (Prohibition & Regulation) Act, 1986- This act prohibits
and regulate the employment of a child.
- Immoral Traffic (Prevention) Act, 1956- This act came into force in
pursuance of international commission at new York the main aim of this act
is to make commercial sexual exploitation of a child as a crime.
- Protection of Children from Sexual Offences Act, 2012 ï¿½ This act was a
gender-neutral act and the main object to frame this act is too quick
disposal of child-related offence and also to make the child-related offence
more stringent this act deals with offences like child penetration, child
pornography and stalking.
Ways to tackle the problem:
Now the main question which comes around everyone who is reading this article is
that when there are so many articles and in that articles, there are stringent
punishments then why the graph of crime against a child is not coming down in
India we will discuss some ways that will help to decrease the crime rate in
Some Important Precedents:
Mr Ani datt Sharma vs. MCD, Gnct Delhi
- Parental awareness:
In my opinion, the lot of cases of sexual abuse
against child start within the family parents have to start noticing even
the single complaint from their child so that it will not transform into
something more serious in future parents have to notice every sign given by
- Campaign for parents:
Most of the parents and person donï¿½t know about
the laws, therefore, most of the times they didnï¿½t raise their voice which
makes the offender do the same thing with another child.
- Students counselling classes:
Schools have to start introducing the
student counselling classes in which they have to teach studentï¿½s difference
between good and bad also some childrenï¿½s are not able to tell something
within their family they will disclose it in school sometimes.
- Setting up the deterrent example:
The courts also have to start taking
cognizance of the offence more seriously which includes children in it.
on 17 December 2013
In this case, it was observed that person can file public interest litigation to
know any person previous medical and psychiatric treatment before employing him
any job related to children. Suppose the person wants a Job in an orphanage but
he has some medical background which will be harmful to children than any person
can file public interest litigation for the same.
Ms Era through Dr Manjula ï¿½ vs. State (Govt. of NCT of Delhi)
In this case, it was presented before the court that the data collected by
national crime bureau of investigation & Ministry of a woman and child
development shows that crime against children is growing day by day which needed
that there have to be effective penalties to set deterrence and also to protect
the interest of the child as a witness and victim too.
Bachpan Bachao Andolan V. Union of India and Ors.
In this case, the writ petition was filed in the court regarding the trafficking
of a child to Nepal for circus the court issued following guidelines for the
- Conduct raids on circuses to liberate the children
- Issueï¿½ notification prohibiting the employment of children
- Talk to their parents if they wanted to take their child back
- Frame proper scheme for rehabilitation.
From this research, we concluded that crime against children is one of the
serious problems that India is facing right now even after the stringent
penalties the offences related to childrenï¿½s are not stopping the main reason is
that judiciary is not setting up any deterrence example so that offenders think
twice to commit the crime also parents have to be self-aware so that no one can
take benefit of their child It was observed that not only a court cannot
decrease the graph of offences against a child the parents also have to be aware
of every change in their child because as we know that childhood is like clay
you can mould it in any way to make there future brighter or otherwise.