Rising children sex abuse destroying India’s identity: HC Judge

Bringing in stringent laws will not help, it is the society that needs to be educated only then one can expect change: Justice Shinde

If the rising instances of sexual offences against children continue to increase, soon the identity and culture of India will be destroyed globally. Unless the society is not educated, such crimes will continue to ruin the lives of innocent children, said Justice Sambhaji Shinde of the Bombay High Court on Tuesday, in Aurangabad.

“The nature of offences taking place these days was never our culture. To deter such offences several stringent laws have been introduced. But still the offences continue to rise,” Justice Shinde said.

“The culture and identity of our country will be destroyed globally, if such cases continue to increase. I believe only bringing in stringent laws will not help the society needs to be educated and it is only then one can expect positive change,” Justice Shinde opined.

“We need to introspect. We are failing to teach and preach what our forefathers taught us. This is the reason why there are so many cases wherein the accused is from within the family,”Justice Shinde added.

The judge was speaking at the national conference organised by the Maharashtra State Commission for Women (MSCW) at Aurangabad. The conference was called on to discuss the recent amendments introduced in the Prevention of Children from Sexual Offences (POCSO) Act.

The government had in April this year, amended the POCSO act providing death sentence for accused raping a minor girl below the age of 12 years. The government had also modified some other provisions to increase the punishment to be awarded to accused who rape or sexually assault a minor girl or boy.

While speaking at the event, Justice Shinde noted that in 90 per cent of cases under POCSO, the accused is either a relative or a known person.

“In the very first place, it is our collective failure to protect the fundamental rights of women and children, as envisaged in our Constitution of India. Unfortunately, the provisions of constitution and also the human rights aren't taken care of by the citizens,” Justice Shinde said.

In his brief address, Justice Shinde also referred to the Preamble of our constitution, which promotes equality.

“I believe we all have failed to adhere to the preamble. The constitution provides no discrimination and instead equal treatment to all. But, unfortunately, even today majority of citizens in the society, by and large, are not ready to accept woman as equals. Discrimination exists everywhere be it in urban or rural areas,”Justice Shinde said.

Justice Shinde further took note of the amendments to the POCSO act.

The new law provides only two months to the police to complete the probe. It also speaks for providing child friendly atmosphere in courts, police probe etc. It further provides that appeals filed by convicts in higher courts must be decided within six months.

“There are several provisions but do we have an infrastructure for the same? I think the government must look into this sensitive issue and take a positive decision at the earliest," Justice Shinde said.

The nature of offences taking place these days was never our culture. To deter such offences several stringent laws have been introduced. But still the offences continue to rise — JUSTICE SAMBHAJI SHINDE