Child abuse in India
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This is word document contents Child Abuse and its reason behind in India. moreover , its consist different child rights,protection for the children in India

This is word document contents Child Abuse and its reason behind in India. moreover , its consist different child rights,protection for the children in India

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Child abuse in India Document Transcript

  • 1. Page | 1 A Project On “CHILD ABUSE IN INDIA” TRIPURA UNIVERSITY (A CENTRAL UNIVERSITY) Director of Distance education CERTIFICATE HUMAN RIGHTs SURYMANINAGAR-799022 TRIPURA WEST
  • 2. Page | 2 SUBMITTED BY KOUSHIK MALAKAR. CERTIFICATE HUMAN RIGHTs Director of Distance education Tripura University SUBMITTED TO Dr. Anuj Kanchan Data Roy Director (Examination, Academics) CERTIFICATE HUMAN RIGHTs Director of Distance education Tripura University
  • 3. Page | 3 Acknowledgement A Project is a golden opportunity for learning and self development. I consider myself very lucky and honored to have so many wonderful people lead me through in completion of this project. I wish to express my indebted gratitude and special thanks to Mr. Arindam Kar, Lecturer, Certificate Human Rights, Distance Education of Tripura University (A Central University) who in spite of being extraordinarily busy with his duties, took time out to hear, guide and keep me on the correct path and allowing me to carry out my project work. I do not know where I would be without him. A humble „Thank you‟ Sir. I express my deepest thanks to Dr. Anuj Kanchan Datta Roy, Director (Examination, Academics) DDE, Tripura University for taking part in useful decision & giving necessary advices and guidance and arranged all facilities to make life easier. I choose this moment to acknowledge his contribution gratefully. It is my glowing feeling to place my best regards & deepest sense of gratitude to my Parents, who advised me to pursue this course, and continuously helping me by social & financial support in need, moreover precious guidance which were extremely valuable for my study both theoretically and practically. I express my deepest thanks to Dr.Jayanta Choudhury, Asst. Prof, Tripura University for his/her guidance and support. He supported to us by showing different method of information collection about the project. He helped all time when we needed and he gave right direction toward completion of project. Place: Agartala KOUSHIK MALAKAR Date: 30/03/2013 CHR-2013-2014
  • 4. Page | 4 CONTENTS Page No. 1. Introduction 05-08 2. Concept Of Child Abuse 08 3. Statement of The Problem 09-10 4. Aim & Objective of the Projects 10 5. Significance of the Study 10 6. UN Convention on Child Rights 11-12 7. Status of child Abuse in India 13-14 8. Policies for Children‟s in India 15-16 9. National legislations for children‟s 16 10. The Protection of Children from Sexual Offences Act, 2012 17-19 11. Punishments Under Child rights Violations 20 12. Preventive measures 21 13. Major Findings 22 14. Recommendations 22 15. Conclusions 23 16. Reference 24
  • 5. Page | 5 INTRODUCTION Human rights are moral principles that set out certain standards of human behavior, and are regularly protected as legal rights in national and international law. They are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian. The doctrine of human rights has been highly influential within international law, global and regional institutions, in the policies of states and in the activities of non-governmental organizations and has become a cornerstone of public policy around the world. The idea of human rights suggests that, "if the public discourse of peacetime global society can be said to have a common moral language, it is that of human rights." The strong claims made by the doctrine of human rights continue to provoke considerable skepticism and debates about the content, nature and justifications of human rights to this day. Indeed, the question of what is meant by a "right" is itself controversial and the subject of continued philosophical debate. Women's rights are the rights and entitlements claimed for women and girls of many societies worldwide. In some places, these rights are institutionalized or supported by law, local custom, and behavior, whereas in others they may be ignored or suppressed. They differ from broader notions of human rights through claims of an inherent historical and traditional bias against the exercise of rights by women and girls in favor of men and boys. Issues commonly associated with notions of women's rights include, though are not limited to, the right: to bodily integrity and autonomy; to vote (suffrage); to hold public office; to work; to fair wages or equal pay; to own property; to education; to serve in the military or be conscripted; to enter into legal contracts; and to have marital or parental rights. Human Rights also have Child Rights which is for the Protection of Children‟s Right Children's rights are the human rights of children with particular attention to the rights of special protection and care afforded to minors, including their right to association with both parents, human identity as well as the basic needs for food, universal state-paid education, health care and criminal laws appropriate for the age and development of the child, equal protection of the child's civil rights, and freedom from discrimination on the basis of the child's race, gender, sexual orientation, gender identity, national origin, religion, disability, color, ethnicity, or other characteristics. Interpretations of children's rights range from allowing children the capacity for autonomous action to the enforcement of children being physically, mentally and emotionally free from abuse, though what constitutes "abuse" is a matter of debate. Other definitions include the rights to care and nurturing.
  • 6. Page | 6 Definition of 'child' For the purpose of this study, a child was defined as a person not having completed 18 years of age. The sample for this study constituted children in the age group of 5-18 years. Children were divided into three age groups: younger children (5-12 years), children (13-14 years) and adolescents (15-18 years). Definition of 'child abuse' Child abuse refers to the intended, unintended and perceived maltreatment, whether habitual or not, of the Child, including any of the following: Psychological and physical abuse, neglect, cruelty, sexual and emotional maltreatment. Any act, deed or word which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being. Unreasonable deprivation of his/her basic needs for survival such as food and shelter; or failure to give timely medical treatment to an injured child resulting in serious impairment of his/her growth and development or in his/her permanent incapacity or death. There are many forms of child abuse and they vary according to cultural and geographical settings. The Present study however, focuses on the following four prominent forms of child abuse: Physical abuse is inflicting physical injury upon a child. This may include hitting, slapping, kicking, beating or otherwise harming a child. Sexual abuse is inappropriate sexual behavior with a child. It includes fondling a child's genitals, making the child fondle an adult's genitals, sexual assault (intercourse, incest, rape, sodomy), exhibitionism and pornography. To be considered child abuse, these acts have to be committed by a person responsible for the care of a child or related to the child (for example a baby-sitter, parent, neighbor, relatives, extended family member, peer, older child, friend, stranger, or a day-care provider). Emotional abuse (also known as verbal abuse, mental abuse, and psychological maltreatment) includes acts or the failure to act by parents, caretakers, peers and others that have caused or could cause serious behavioral, cognitive, emotional, or mental distress/trauma. Child neglect is an act of omission or commission leading to the denial of child's basic needs. Neglect can be physical, educational, emotional, or psychological. Physical neglect entails denial of food, clothing, appropriate medical care or supervision. It may include abandonment. Educational neglect includes failure to provide appropriate schooling or special educational needs. Psychological neglect includes lack of emotional support and love.
  • 7. Page | 7 W.H.O. estimates that 150 million girls and 73 million boys under 18 have been subjected to forced sexual intercourse or other forms of sexual violence. In 2002 there were 53,000 reported cases of child homicide. A Global School-Based Student Health Survey found that 20% and 65% of school going children reported having been verbally and physically bullied in the last 30 days. ILO estimates show there were 218 million child laborers in 2004, out of which 126 million were engaged in hazardous work. UNICEF estimated 3 million girls and women in sub-Saharan Africa, Egypt and Sudan are subjected to female genital mutilation every year. In 2007, the Ministry of Women and Child Development (MWCD) released a study report on child abuse. The report discusses incidence of child abuse nationwide. The study of the MWCD found a wide spread incidence of child abuse. Children between the ages of 5-12 are at the highest risk for abuse and exploitation. The study found that 69% of children reported to have been physically abused. Out of these 54.68% were boys. 52.91% of boys and 47.09 % of girls reported having been abused in their family environment. Of the children who were abused in family situations 88.6% were abused by their parents. Every two out of three school children reported facing corporal punishment. In juvenile justice institutions 70.21 % of children in conflict with law and 52.86% of children in need of care and protection reported having been physically abused. With regard to child labor 50.2% of children work all seven days of the week. 81.16% of the girl child laborers work in domestic households, while 84% of the boy child laborers worked in tea stalls or kiosks. 65.99 % of boys and 67.92% of girls living on the street reported being physically abused by their family members and other people. Lastly, the study examined emotional abuse and girl child neglect. The study examined two forms of emotional abuse: humiliation and comparison. Half the children reported facing emotional abuse with 83% of that abuse begin conducted by parents. Girl child neglect was assessed girls comparing themselves to their brothers on factors like attention, food, recreation time, household work, taking care of siblings, etc. 70.57% of girls reported having been neglected by family members. 48.4% of girls wished they were boys. 27.33% of girls reported getting less food then their brothers. Of the young adults (ages 18-24) interviewed, almost half of them reported having been physically or sexually abused as children. Child abuse in India is often a hidden phenomenon especially when it happens in the home or by family members. Focus with regards to abuse has generally been in the more public domain such as child labor, prostitution, marriage, etc. Intra-family abuse or abuse that takes place in institutions such as schools or government homes has received minimal attention. This may be due to the structure of family in India and the role children have in this structure. Children in India are often highly dependent on their parents and elders; they continue to have submissive and obedient roles towards their parents even after they have moved out of their parental home. This belief that parents and family are the sole caretaker of the child has proved to have
  • 8. Page | 8 negative effects on child protection laws and strategies. Numbers of cases of child abuse in the home are hard to attain because most of these crimes go unreported. Societal abuses that are a result of poverty such as malnutrition, lack of education, poor health, neglect, etc are recognized in various forms by the Indian legal system. But India does not have a law that protects children against abuse in the home. Mal-treatment of care givers has the potential to emotionally and mentally harm children to a very different degree. Studies in intra- familial child abuse in the US have shown correlation to delinquency, crime, teenage pregnancy, and other psychosocial problems. CONCEPT OF CHILD ABUSE Child abuse is a state of emotional, physical, economic and sexual maltreatment meted out to a person below the age of eighteen and is a globally prevalent phenomenon. However, in India, as in many other countries, there has been no understanding of the extent, magnitude and trends of the problem. The growing complexities of life and the dramatic changes brought about by socio-economic transitions in India have played a major role in increasing the vulnerability of children to various and newer forms of abuse. Child abuse has serious physical and psycho-social consequences which adversely affect the health and overall well-being of a child. According to WHO: ''Child abuse or maltreatment constitutes all forms of physical and/or emotional ill-treatment, sexual abuse, neglect or negligent treatment or commercial or other exploitation, resulting in actual or potential harm to the child's health, survival, development or dignity in the context of a relationship of responsibility, trust or power.'' Child abuse is a violation of the basic human rights of a child and is an outcome of a set of inter-related familial, social, psychological and economic factors. The problem of child abuse and human rights violations is one of the most critical matters on the international human rights agenda. In the Indian context, acceptance of child rights as primary inviolable rights is fairly recent, as is the universal understanding of it. STATEMENT OF THE PROBLEM
  • 9. Page | 9 It has very clearly emerged that across different kinds of abuse, it is young children, in the 5-12 year group, Who are most at risk of abuse and exploited. Physical Abuse 1. Two out of every three children were physically abused. 2. Out of 69% children physically abused in 13 sample states, 54.68% were boys. 3. Over 50% children in all the 13 sample states were being subjected to one or the other form of physical abuse. 4. Out of those children physically abused in family situations, 88.6% were physically abused by parents. 5. 65% of school going children reported facing corporal punishment i.e. two out of three children were victims of corporal punishment. 6. 62% of the corporal punishment was in Government and municipal school. 7. The State of Andhra Pradesh, Assam, Bihar and Delhi have almost consistently reported higher rates of abuse in all forms as compared to other states. 8. Most children did not report the matter to anyone. 9. 50.2% children worked seven days a week. Sexual Abuse 1. 53.22% children reported having faced one or more forms of sexual abuse. 2. Andhra Pradesh, Assam, Bihar and Delhi reported the highest percentage of sexual abuse among both boys and girls. 3. 21.90% child respondents reported facing severe forms of sexual abuse and 50.76% other forms of sexual abuse. 4. Out of the child respondents, 5.69% reported being sexually assaulted. 5. Children in Assam, Andhra Pradesh, Bihar and Delhi reported the highest incidence of sexual assault. 6. Children on street, children at work and children in institutional care reported the highest incidence of sexual assault. 7. 50% abuses are persons known to the child or in a position of trust and responsibility. 8. Most children did not report the matter to anyone. Emotional Abuse and Girl Child Neglect 1. Every second child reported facing emotional abuse.
  • 10. Page | 10 2. Equal percentage of both girls and boys reported facing emotional abuse. 3. In 83% of the cases parents were the abusers. 4. 48.4% of girls wished they were boys. These are the core problematic areas which leading us to know & study about the regarding Child Abuse of India. Objectives of the Study The project study tried to understand the following aim & objectives:- To Study the Rights & Protection against Children‟s in India. To Study the Nature & Causes of the Child Abuse. To know the preventions to overcome from Child Abuse. Significance of the study There is a large child population in India and a large percentage of this population is vulnerable to abuse, exploitation and neglect. There is also inadequate information about the extent of child abuse in the country. This study will contribute to evolving guidelines for the prevention and control of child abuse. The study will strengthen grounds for a separate legislation on child abuse and will facilitate formulation of appropriate polices, strategies and schemes to tackle the problem of child abuse. UN CONVENTION ON CHILD RIGHTS
  • 11. Page | 11 The Convention on the Rights of the Child defines basic rights of children covering multiple needs and issues. India endorsed it on December 11, 1992. Following are a few rights in the immediate purview of Smile Foundation as well as India. 1. The Right To Education: 50% of Indian children aged 6-18 do not go to school ,Dropout rates increase alarmingly in class III to V, its 50% for boys, 58% for girls. 2. The Right To Expression: Every child has a right to express himself freely in whichever way he likes. Majority of children however are exploited by their elders and not allowed to express. 3. The Right To Information: Every child has a right to know his basic rights and his position in the society. High incidence of illiteracy and ignorance among the deprived and underprivileged children prevents them from having access to information about them and their society. 4. The Right To Nutrition: More than 50% of India's children are malnourished. While one in every five adolescent boys is malnourished, one in every two girls in India is undernourished. 5. The Right To Health & Care: 58% of India's children below the age of 2 years are not fully vaccinated. And 24% of these children do not receive any form of vaccination. Over 60% of children in India are anemic. 95 in every 1000 children born in India do not see their fifth birthday. 70 in every 1000 children born in India do not see their first birthday. 6. The Right To Protection From Abuse: There are approximately 2 million child commercial sex workers between the age of 5 and 15 years and about 3.3 million between 15 and 18 years. They form 40% of the total population of commercial sex workers in India. 500,000 children are forced into this trade every year. 7. The Right To Protection From Exploitation: 17 million children in India work as per official estimates. A study found that children were sent to work by compulsion and not by choice, mostly by parents, but with recruiter playing a crucial role in influencing decision. When working outside the family, children put in an average of 21 hours of labor per week. Poor and bonded families often "sell" their children to contractors who promise lucrative jobs in the cities and the children end up being employed in brothels, hotels and domestic work. Many run away and find a life on the streets. 8. The Right To Protection From Neglect: Every child has a right to lead a well protected and secure life away from neglect. However, children working under exploitative and inhuman conditions get neglected badly.
  • 12. Page | 12 9. The Right To Development: Every child has the right to development that lets the child explore her/his full potential. An unfavorable living condition of underprivileged children prevents them from growing in a free and uninhibited way. 10. The Right To Recreation: Every child has a right to spend some time on recreational pursuits like sports, entertainment and hobbies to explore and develop. Majority of poor children in India do not get time to spend on recreational activities. 11. The Right To Name & Nationality: Every child has a right to identify himself with a nation. A vast majority of underprivileged children in India are treated like commodities and exported to other countries as labor or prostitutes. 12. The Right To Survival: Of the 12 million girls born in India, 3 million do not see their fifteenth birthday, and a million of them are unable to survive even their first birthday. Every sixth girl child's death is due to gender discrimination. STATUS OF CHILD ABUSE IN INDIA Sl. Crime Head Years % Variation
  • 13. Page | 13 Tab Name: - INCIDENCE OF CRIMES COMMITTED AGAINST CHILDREN Table source: - National Crime Records Bureau ANALYSIS The table shows different sorts of Child abuses against childrens have been taken place from 2010 to 2012. From the avobe table we can analyse that the Child Rape cases in india is incresesed 7112 to 8541. Kidnaping & abduction is also incresed to 18266 over 2011. Procurement ,Selling of Girls for prostitution and Buying of Girls for prostitution is decresed over 2011 which create a possitive impact though it should be stopped complitly. Abetment of suicide is incresed remarkbly in 2011 it was 61but in 2012 it incresed to 144. Exposure and Abandonment also increased from the 2011 to 2012 821. Infanticide, Foeticide, Other crimes (including Prohibition of Child Marriage Act 2006), Murder also increased. So, from the above analysis we can opine that this sort of abuses towards children‟s should not be done in any circumstances. No. in 2012 over 2011 2010 2011 2012 1 Rape 5484 7112 8541 10.1 2 Kidnapping & Abduction 10670 15284 18266 19.5 3 Procurement of Minor Girls 679 862 809 -6.1 4 Selling of Girls for Prostitution 130 113 108 -4.4 5 Buying of Girls for Prostitution 78 27 15 -44.4 6 Abetment of Suicide 56 61 144 136.1 7 Exposure and Abandonment 725 700 821 17.3 8 Infanticide 100 63 81 28.6 9 Foeticide 111 132 210 59.1 10 Other crimes (including Prohibition of Child Marriage Act 2006) 7253 7293 7580 3.9 11 Murder 1408 1451 1597 10.1 Total 26694 33098 38172 15.3
  • 14. Page | 14
  • 15. Page | 15 Policies for Children’s in India The major policies and legislations formulated in the country to ensure child rights and improvement in their status include: National Policy for Children, 1974 National Policy on Education, 1986 National Policy on Child Labor, 1987 National Nutrition Policy, 1993 Report of the Committee on Prostitution, Child Prostitutes and Children of Prostitutes and Plan of Action to Combat Trafficking and Commercial Sexual Exploitation of Women and Children, 1998 National Health Policy, 2002 National Charter for Children, 2004 National Plan of Action for Children, 2005 Of these, two major policies are discussed below: (i) National Charter for Children, 2004 Underlying the National Charter for Children 2004, is the intent to secure for every child the right to a healthy and happy childhood, to address the root causes that negate the healthy growth and development of children, and to awaken the conscience of the community in the wider social context to protect children from all forms of abuse, while strengthening the family, society and the nation. This Charter has the following sections on child protection: Survival, life and liberty; Protection from economic exploitation and all forms of abuse; Protection of the girl child; Care, protection, welfare of children of marginalised and disadvantaged communities; Ensuring child-friendly procedures. (ii) National Plan of Action for Children (NPAC), 2005 The National Plan of Action for Children was formulated by the then Department of Women and Child Development (now MWCD) in 2005. The Plan is being monitored by the Prime Minister's Office. The Action Plan aims at ensuring all rights to children up to the age of 18 years. It affirms the government's commitment towards ensuring all measures for the survival, growth, development and protection of all children. It also aims at creating an enabling environment to ensure protection of child rights. States are being encouraged to formulate State Plans of Action for Children in line with NPAC. The National Plan has identified several key priority areas that include children's right to survival, development, protection and participation besides
  • 16. Page | 16 monitoring and review of policies and programs. The NPAC also stresses the need for budgetary allocations to achieve child protection goals. The Guiding Principles of the NPAC 2005 To regard the child as an asset and a person with human rights To address issues of discrimination emanating from biases of gender, class, caste, race, religion and legal status in order to ensure equality To accord utmost priority to the most disadvantaged, poorest of the poor and the least served child in all policy and program interventions To recognize the diverse stages and settings of childhood, and address the needs of each, providing all children the entitlements that fulfill their rights and meet their needs in each situation. National legislations for children’s National legislations for protection of child rights in the country are: Guardian and Wards Act, 1890 Factories Act ,1954 Hindu Adoption and Maintenance Act, 1956 Probation of Offenders Act, 1958 Bombay Prevention of Begging Act, 1959 Orphanages and Other Charitable Homes (Supervision and Control) Act, 1960 Bonded Labor System (Abolition) Act, 1976 Immoral Traffic Prevention Act, 1986 Child Labor (Prohibition and Regulation) Act,1986 Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1987 Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 Persons with Disabilities (Equal Protection of Rights and Full Participation) Act, 2000 Juvenile Justice (Care and Protection of Children) Act, 2000 Commission for Protection of the Rights of the Child Act, 2005 Prohibition of Child Marriage Act 2006 The Protection of Children from Sexual
  • 17. Page | 17 Offences Act, 2012 The Protection of Children from Sexual Offences Act, 2012, has been passed by the Lok Sabha today, 22nd May, 2012. The Bill was earlier passed by the Rajya Sabha on 10th May, 2012. The Protection of Children from Sexual Offences Act, 2012 has been drafted to strengthen the legal provisions for the protection of children from sexual abuse and exploitation. For the first time, a special law has been passed to address the issue of sexual offences against children. Sexual offences are currently covered under different sections of INDIAN PENAL CODE. The INDIAN PENAL CODE does not provide for all types of sexual offences against children and, more importantly, does not distinguish between adult and child victims. The Protection of Children from Sexual Offences Act, 2012 defines a child as any person below the age of 18 years and provides protection to all children under the age of 18 years from the offences of sexual assault, sexual harassment and pornography. These offences have been clearly defined for the first time in law. The Act provides for stringent punishments, which have been graded as per the gravity of the offence. The punishments range from simple to rigorous imprisonment of varying periods. There is also provision for fine, which is to be decided by the Court. An offence is treated as “aggravated” when committed by a person in a position of trust or authority of child such as a member of security forces, police officer, public servant, etc. Punishments for Offences covered in the Act are: Penetrative Sexual Assault (Section 3) – Not less than seven years which may extend to imprisonment for life, and fine (Section 4) Aggravated Penetrative Sexual Assault (Section 5) – Not less than ten years which may extend to imprisonment for life, and fine(Section 6) Sexual Assault (Section 7) – Not less than three years which may extend to five years, and fine (Section 8) Aggravated Sexual Assault (Section 9) – Not less than five years which may extend to seven years, and fine (Section 10) Sexual Harassment of the Child (Section 11) – Three years and fine (Section 12)
  • 18. Page | 18 Use of Child for Pornographic Purposes (Section 13) – Five years and fine and in the event of subsequent conviction, seven years and fine (Section 14 (1)) The Act provides for the establishment of Special Courts for trial of offences under the Act, keeping the best interest of the child as of paramount importance at every stage of the judicial process. The Act incorporates child friendly procedures for reporting, recording of evidence, investigation and trial of offences. These include: Recording the statement of the child at the residence of the child or at the place of his choice, preferably by a woman police officer not below the rank of sub-inspector No child to be detained in the police station in the night for any reason. Police officer to not be in uniform while recording the statement of the child The statement of the child to be recorded as spoken by the child Assistance of an interpreter or translator or an expert as per the need of the child Assistance of special educator or any person familiar with the manner of communication of the child in case child is disabled Medical examination of the child to be conducted in the presence of the parent of the child or any other person in whom the child has trust or confidence. In case the victim is a girl child, the medical examination shall be conducted by a woman doctor. Frequent breaks for the child during trial Child not to be called repeatedly to testify No aggressive questioning or character assassination of the child In-camera trial of cases The Act recognizes that the intent to commit an offence, even when unsuccessful for whatever reason, needs to be penalized. The attempt to commit an offence under the Act has been made liable for punishment for up to half the punishment prescribed for the commission of the offence. The Act also provides for punishment for abetment of the offence, which is the same as for the commission of the offence. This would cover trafficking of children for sexual purposes. For the more heinous offences of Penetrative Sexual Assault, Aggravated Penetrative Sexual Assault, Sexual Assault and Aggravated Sexual Assault, the burden of proof is shifted on the accused. This provision has been
  • 19. Page | 19 made keeping in view the greater vulnerability and innocence of children. At the same time, to prevent misuse of the law, punishment has been provided for making false complaint or proving false information with malicious intent. Such punishment has been kept relatively light (six months) to encourage reporting. If false complaint is made against a child, punishment is higher (one year). The media has been barred from disclosing the identity of the child without the permission of the Special Court. The punishment for breaching this provision by media may be from six months to one year. For speedy trial, the Act provides for the evidence of the child to be recorded within a period of 30 days. Also, the Special Court is to complete the trial within a period of one year, as far as possible. To provide for relief and rehabilitation of the child, as soon as the complaint is made to the Special Juvenile Police Unit (SJPU) or local police, these will make immediate arrangements to give the child, care and protection such as admitting the child into shelter home or to the nearest hospital within twenty-four hours of the report. The SJPU or the local police are also required to report the matter to the Child Welfare Committee within 24 hours of recording the complaint, for long term rehabilitation of the child. The Act casts a duty on the Central and State Governments to spread awareness through media including the television, radio and the print media at regular intervals to make the general public, children as well as their parents and guardians aware of the provisions of this Act. The National Commission for the Protection of Child Rights (NCPCR) and State Commissions for the Protection of Child Rights (SCPCRs) have been made the designated authority to monitor the implementation of the Act.
  • 20. Page | 20 Punishments under Child Rights Violations Children are victimized and abused can be categorized under two broad sections: 1. Crimes committed against children which are punishable under Indian Penal Code (IPC). 2. Crimes committed against children which are punishable under special and local laws (SLL). Specific sections/Acts under above two categories are as follows: 1. Crimes against children punishable under the Indian penal code (INDIAN PENAL CODE) are:  Murder (302 Indian Penal Code)  Foeticides (Crime against a foetus) Indian Penal Code Section 315 & 316  Infanticides (Crime against newborn child) (0 to 1 year) Section 315 Indian Penal Code.  Abetment to suicide (abetment by other persons for commitment of suicide by children) Section 305 Indian Penal Code.  e) Exposure & abandonment (Crime against children by parents or others to expose or to leave them with the intention of abandonment): Section 317 Indian Penal Code.  Kidnapping & abduction:  Kidnapping for exporting (Section 360 Indian Penal Code).  Kidnapping from lawful guardianship (Section 361 Indian Penal Code).  Kidnapping for ransom (Section 364 A ).  Kidnapping for camel racing etc. (Section 363 Indian Penal Code).  Kidnapping for begging (Section 363- A Indian Penal Code).  Kidnapping to compel her marriage (Section 366 Indian Penal Code).  Kidnapping for slavery etc. (Section 367 Indian Penal Code).  Kidnapping child for stealing from its person (under 10 years of age only) (Section 369 Indian Penal Code).  Procuration of minor girls (for inducement to force or seduce to illicit intercourse) (Section 366-A Indian Penal Code).  Selling of girls for prostitution (Section 372 Indian Penal Code).  Buying of girls for prostitution (Section 373 Indian Penal Code).  Rape (Section 376 Indian Penal Code) 2. Crime against children punishable under ‘Special and local laws’ are:  Immoral Traffic Prevention Act, 1956 (where minors are abused in prostitution).  Child Labour (Prevention & Regulation) Act, 1986.
  • 21. Page | 21 Preventive Measures from Being Abused Preventing Abuse Child abuse is a problem that concerns us all! Can it be prevented? YES! Child abuse and neglect can be prevented or stopped through the efforts of schools, neighbors, families and the community. To help us prevent child abuse, here are things you can do: 1. Understand the causes of child abuse and learn all you can about abuse and neglect. 2. Learn to identify the warning signs that signal that a child is being abused. 3. Report any known or suspected case of child abuse immediately. 4. Seek help if you feel you are at risk of abusing a child. 5. Be a friend to a child or parent in need. 6. Alert others to the problem and help them to recognize and understand the effects of physical, sexual and emotional abuse and neglect. Tips for Parents Below are some tips to help parents prevent or detect abuse: Be involved in your children's activities. Notice when someone spends a lot of time with your child. Talk with your child about what they do, who else is there, what kind of games they play, etc. Believe your child. Listen seriously and sensitively to what your child says. Teach your child to "Say no, get away, and to tell someone," if anyone tries to touch him or her inappropriately. Tell your child, "Your body belongs to you.” Explain to your child not to keep secrets that feel scary or uncomfortable. Go through rules with your babysitter while your child is present.
  • 22. Page | 22 Major Findings Rape case for the child is increased to 8541 no. during 2012. That means sexual abuse to girl child is increases instead of decreasing. Nature of child abuse in India during 2012 is 38172 no. which give a remarkable experience of 2012 in India. Uttar Pradesh is the highest state in child Abuse in India as per 2012 data. In Indian constituency Child have 12 nos. of Rights the Right to Education, The Right To Expression, The Right To Information, The Right To Nutrition, The Right To Health & Care, The Right To Protection From Abuse, The Right To Protection From Exploitation, The Right To Protection From Neglect, The Right To Development, The Right To Recreation, The Right To Name & Nationality, The Right To Survival. To prevent child Abuse in India Not only Govt. organization, but also NGOs are taking part by giving their helping hands. Indian Penal Code (IPC) has punishment regarding Violation of Child Rights. The Protection of Children from Sexual Offences Act, 2012, this Act also secures the children‟s rights against any sexual abuses. Recommendations Awareness among the children‟s about their Rights. Including Sex Education in School Curriculum for the children‟s awareness. Awareness among the Parents for keeping eye on their children‟s activities. Punishment for child abuse should be stricter and prompt action should be taken for the culprits. Parents should behave cooperative with the children & listen what they want to say.
  • 23. Page | 23 Conclusion At last it would like to conclude that, though Indian Constitution has tight punishments for violation of child rights but still child abuse is still in going on process in India. Sometimes children doesn‟t have any idea that they have been abused or abusing so more awareness among the children‟s can make them understand that their body parts are belong to them nobody can touch without their concerns. Except certain e.g. doctors while checkups of children‟s parents should be present there along with them. Stopping child abuse in India is a big concern only awareness among the parents and children can reduces its intensity. It has been seen that so many children‟s who are going through this sort of situation they often abetment to commit suicide. So, these abuses against the children‟s should be stop soon. Children‟s are innocent they even don‟t know what was happening with them. Parents should cooperative with those children‟s who got victims of this degusting action, remember bad things happens even if we try to avoid it rather scolding the children‟s teach them about child abuse in a constructive manner as it‟s not their fault.
  • 24. Page | 24 REFERENCES http://www.childlineindia.org.in/child-abuse-child-violence-india.htm date:- 14/03/14 http://www.childabuseprevention.org/content/abuse-information date:- 25/03/14 http://smilefoundationindia.org/child_rights.htm date:- 18/03/14 http://pib.nic.in/newsite/erelease.aspx?relid=84409 Date:- 18/03/14 http://ncrb.nic.in/CD-CII2012/cii-2012/Chapters.htm Date:- 25/03/14 http://ncrb.nic.in/CD-CII2012/CII%20Maps%202012 Final%20PDF/cii2012- maps.htm Date :-25/03/14 http://en.wikipedia.org/wiki/Human_rights Date :- 29/03/2014 http://en.wikipedia.org/wiki/Women_Rights Date :- 28/03/2014 http://en.wikipedia.org/wiki/Child_rights date :- 15/03/2014