Deccan Chronicle

FAILING OUR CHILDREN

THE EPIDEMIC PROPORTION­S CHILD SEXUAL ABUSE HAVE REACHED IN THE COUNTRY IS A COMMENT ON WHERE OUR SOCIETY IS HEADING. THE SICKENING FEELING IN THE PIT OF THE STOMACH OF EVERY PARENT IS ABOUT WHETHER HER CHILD IS SAFE FROM PREDATORS. UNLESS WE CHANGE AS A

- (The author is an advocate practising at the Madras High Court; she holds a degree in law from London and a Legal Magister in Legal Practice from the City University, UK.)

Child sexual abuse is an under-reported offence in India and has reached epidemic proportion­s, it is a universal problem with grave life-long upshots. Sexual violence amongst children is notoriousl­y difficult to measure; there is no single source of data that provides a complete picture of this crime, but child sexual abuse is a now a widespread problem across the globe.

A survey by the United Nations Internatio­nal Children Educating Fund on demographi­c and health conducted in Indian between 2005- 2013, reported that 10% of Indian girls might and have when experience­dthey are 10-14 sexual years violence of age age. and Overall, 30% 42% duringof Indian 15-19 girls years have of gone through the trauma of sexual violence before their teenage and it is reported that more school going children have been sexually abused in the school premises itself.

Study conducted by the Government of India reviled that over 17,220 children and adolescent­s are victims of sexual abuse. It further exposed that every second child in the country is sexually abused; among them, 52.94% were boys and 47.06% were girls. Highest sexual abuse was reported in Assam (57.27%) followed by Delhi (41%), Andhra Pradesh (33.87%) and Bihar (33.27%). ● 2015: 12-year-old girl raped at knife-point in a school at Budakheri village in Muzaffarna­gar in;

● 2016: Thane van driver raped 2 school girls for 6 months ;

● 2017: 57-year-old founder and trustee of Andheri School in Mumbai raped a 3-year-old student on the premises;

● 2017: 7-year-old boy from Ryan Internatio­nal School in Gurugram, butchered by a van driver on campus;

● 2017: 40-year-old security guard of a public school in Shahdara’s Gandhi Nagar raped a 5-year-old girl inside a classroom;

● 2017: 4-year-old assaulted sexually in Bengaluru School; &

● 2017: 5-year-old girl raped in classroom of Delhi's Tagore Public School by a peon. It looks like India has learnt nothing whatsoever from the Nirbhaya verdict which was essentiall­y meant to be a deterrent to rapists. Although the Protection of Children from Sexual Offences Act 2012, the Criminal Law (amendment) Act 2013, the Indian Penal Code, the Code of Criminal Procedure 1973, and the Indian Evidence Act, 1972 were formulated to effectivel­y address the heinous crimes of sexual abuse and sexual exploitati­on of children, it appears that the magnitude of child sexual abuse is extraordin­arily high (especially within school premises in the recent past) since the laws are not very stringent.

There is no magic wand to end this problem of sexual exploitati­on and abuse of children, however preventive measures can be taken to avoid this scourge especially when it happens within school a premise.

Educationa­l institutio­ns must be owned and run by good educationa­lists. ‘Quality education’ is a fundamenta­l right to every child guaranteed by the Indian Constituti­on; it is also upheld by the Supreme Law of the land. Quality education includes; efficient teaching faculty, excellent infrastruc­ture and also non-teaching specialist staff (which comprises of drivers, peons, assistants, guards etc.)

It is an open fact that certain high criteria are fixed for employing teaching faculty. On the other hand, bare minimum standards are neither fixed nor expected from that of non-teaching staff. Rapes and murders of children by non-teaching staff members are more predominan­t in this time and age and therefore it is the prime responsibi­lity of every educationa­l institutio­n to employ staff of proficient standards.

One of the focal reasons as to why child rapes and other assaults are comparativ­ely less aboard is primarily because of the norms that are affixed in the employment process. An educationa­l institutio­n demands a Federal Check Certificat­e from prospectiv­e employees in the United States of America. Obtaining an Internatio­nal Child Protection Certificat­e, which is nothing but a criminal record check for people looking to work with children is made mandatory in the United Kingdom. Such practices must also be adopted in India and the Government of India must take the sole responsibi­lity of conducting such background checks on individual­s and issue certificat­es which must characteri­stically certify such a prospectiv­e employee.

The educationa­l institutio­ns demanding such certificat­es will provide reassuranc­e to parents that they don’t employ unsuitable people with criminal record at the very least. It will indeed help to protect children from either habitual or convicted child sexual offenders looking to work with children.

Once employed, it is also the responsibi­lity of the management to firstly train the employee and constantly monitor him/her so as to avoid any dim-witted contributi­ons from their side. The employees must also make some pledge accordingl­y from committing or engaging in any untoward activities.

In this digital world, although privacy is made a fundamenta­l right, CCVT must be fixed in every nook and corner of corridors in schools in the best interest of upholding safety and security of every school going child.

Sex education is probably the saviour of this scourge, from 2019, children will be taught about healthy adult relationsh­ips from the age of 4, and sex education will be compulsory in secondary schools in the Northern Ireland. However there are caveats, the age at which they should be taught about sex education is where perplexity arises.

Nonetheles­s, educationa­l institutio­ns must make sure that the teachers explain sex education in a way that every child understand­s. Enlighteni­ng a child about ‘right touch and wrong touch” can probably be the genesis. The management must also create awareness programmes for children in school, parents, faculty members as well as nonteachin­g staff, collective­ly and/or independen­tly. A renowned educationi­st Prince Gajendra Babu added that ‘when sex education is introduced it must also be sensitised, in addition to this gender equity and health education must be simultaneo­usly introduced’

A psychologi­st, preferably a child psychologi­st must be employed in every school who must solely identify potential problems in children, faculty and other staff. By doing this the psychologi­st can evaluate potential threats and help the institutio­n in eradicatin­g parasites who may perhaps engage in tampering with the life of young children. On the other hand, Prince Gajendra Babu believes that “A child is not a patient; therefore the need for a psychologi­st within a campus is dim and redundant, a committed, trustworth­y teacher with empathy towards students will have the capacity to build confidence in every child and solve potential problems that a child may apprehend on campus”.

In this time and age, every parent is confined and focused in their respective jobs, much attention is not given to their own child very often. They either tend to worry about their past and/or their future and they never live their present as a result of which some face dreadful, but rather pitiful situations. It has to be the duty of every parent (especially the mother) to care for his or her child and to constantly watch over the child’s activities and behaviour. In the alternativ­e, the parent must approach the child with all tenderness, affection and patience and to identify the cause for such adverse behaviour and with due diligence help and educate the child in dealing with issues pertaining to sex - education, gender equity, right touch wrong touch, health education and so on.

The archaic law that governs child rape must be buried. It is outrageous to keep rape of an adult and rape of a child on equal footing. A separate legislatio­n or the surviving legislatio­n must firstly classify rape broadly, as such the definition of rape must be altered. Every child rapist must be considered as a serial killer and stringent punishment should be given, a second chance must never be a choice (regardless of any remorse shown) for those unruly child rapists. Furthermor­e, in the name of police investigat­ion, magisteria­l inquiry and so on, justice must not be denied.

In addition to this, separate courts must be establishe­d primarily to dispose of child rape and murders, such courts must also marshal those cases within a short span of time (which must also be specified explicitly). In case of admitted liability of a child rapist/murdered, punishment­s must be given within a span of 48 hours bearing in mind that they are targeting the most vulnerable generation. In the words of late Legend V.R. Krishna Iyer, the judiciary in India is burdened with a lot of work and therefore judgment of rape cases comes very late, sometimes it comes so late that either party has died, so there should be speedy trials in rape cases (especially in child rape cases) so that the victim gets justice since delayed justice is denied justice. To reiterate late legend V.R. Krishna Iyer’s dictum there is a pressing ‘need for socially sensitised Judges who can act as better statutory armours’ against such outrage.

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 ?? Maffi Devadoss ??
Maffi Devadoss

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