Populist impulse, inadequate response
As the public outrage grew at the horror of the gangrape and murder of the eight-year-old girl in Kathua, the cries for harsher penalties and now the ordinance providing for capital punishment may silence protesters. Many may be lulled into a false sense of justice and victory at the passing of the ordinance that provides for death for gangrape of girls under 12 years and a minimum of 20 years’ jail for the rape of girls under 16 years. The implications are going to be huge but will it make any difference to the safety of children?
During an armed or ethnic conflict, rape is used as a psychological warfare, being more dangerous than bullets and bombs. But in peacetime, such incidents and in such large numbers, are indicators of the failure of the state to protect its most vulnerable citizens, who constitute 40% of the population. Children make perfect victims and may delay disclosure. Every day, 290 children become victims of crime.
According to the National Crime Records Bureau, 2016, offences against children increased fourfold in two years. The total number of crimes against children reported in 2016 was 1,06,958, while 94,172 crimes were recorded in 2015. Incidents of rape of children increased by 82% compared to 2015. These are the reported cases. Many victims of abuse and violence continue to suffer silently. In more than 90% of the cases, the predator is a person known to the child.
LIMITATIONS OF LAW
We have failed to protect the children’s right to survival, protection, development and participation. These rights are guaranteed by the Convention on the Rights of the Child that was ratified by India. Even constitutional safeguards such as right to life seem to be an ideal that is far too difficult to attain for children. Laws are but a limited solution to child protection measures.
The truth is we have had no collective consensus or public investment. The incidents of crimes against children have been rising every year. Impunity is the worst solution to sexual violence. It also gives a green signal to others that they can get away. The perpetrators of sexual abuse of children can be family members, neighbours or even people in positions of trust such as teachers and caregivers. Institutional sexual abuse may occur in any care facility such as the Rohtak Apna Ghar episode 2012, Jaipur in 2013, and Karjat (Maharashtra) in 2014 revealed. There is no one model of child sexual abuse, though the young or those with special needs may be particularly vulnerable.
Another worrying pattern in digital illiterate India has been the rise of online child/ woman abuse images that can fuel downloaders’ fantasies and spur them on to commit further illegal acts. The voices of children are easily muzzled and many continue to suffer in silence and fear. It is felt that the ordinance will silence the victims much more, for it increases the pressure on the child. As it is, the conviction rate under the Protection of Children from Sexual Offences Act (POCSO) is below 20%, and children’s structural powerlessness is a harsh reality.
JOURNEY TO JUSTICE
An effective criminal justice system is the cornerstone of a safe, fair and just society. What happens to those children who choose to report an offence? The Unnao incident reveals how difficult the process is when the perpetrators are in powerful positions of governance. For those children who survive the crimes, the process and the journey to justice is riddled with innumerable challenges.
The first obstacle is with registering a complaint. While the Criminal Law Amendment Act, 2013, provides for the punishment of imprisonment up to two years and a fine in case a public servant fails to register a complaint in respect for commission of certain cognizable offences such as rape, victims still find it hard to register their complaint. It would be interesting to know in how many cases action has been taken against police personnel under Section 166A of the IPC. Further, inter-agency coordination for dealing with crimes against children is still missing.
COMMUNITY PROBLEM
Enhancing the severity of punishment will have little impact on people who believe they will not be apprehended, and prosecuted for their actions. Offender management is one part of the response. At the primary prevention level, we need to realise that child sexual abuse is a community problem and shift the focus to parenting skills and education.
Socialisation of boys, especially regarding masculinity, should not be at the expense of women. Qualities of empathy, love, non-violence, respect, and dignity need to be imbibed and practised by all. A multipronged strategy with better law enforcement and safer public spaces and homes will help make the country more secure for children.
THE ORDINANCE WILL SILENCE VICTIMS MORE AS IT INCREASES THE PRESSURE ON THE CHILD