Child Sexual Abuse: Am I safe in my family?

India is the symbol of cultural heritage, values and the place of deity. In this country, the child is presume as a form of god and praise them. But in the present scenario, the concept of Hindu mythology seems to prove opposite because minor girl child was raped every day and rapist is not the outsider but is the known person, they might be a family member, teacher, peon of school[1]. Nowadays the nexus between rapist and victim is no stranger but both are known to each other. In these days, the guards are becoming eater. In Indian law, the legislature made a provision which prevents the child sexual abuse. These provisions are The Protection of Children from Sexual Offences Act (POCSO Act) 2012, The Indian Penal Code (IPC) 1860.

The link which is not able to stop the criminal from committing rape:

It is a bitter truth that in India, the law, as well as punishment related to rape, is very liberal in other words the penal related to not only to rape but sexual harassment, sexual assault, child pornography or

sexual offences are very liberal. This liberty gives the strength to the offender to repeat such heinous crime. For the pleasure of a few minutes, these criminals ruined the life of an innocent one.

Paedophilia is the type of disorder ground in the rapist who sexually abuses or rape the minor. It is a kind of psychiatric disorder in which an older adolescent or adult is sexually attract to prepubescent children. A paedophilic person did not need any treatment to cure disorder because it is a kind of fantasy, they know the nature of the act done by them that’s why they cannot take the defence of section 84 of INDIAN PENAL CODE 1860[2].

Only 1% of cases are lodge in India of child sexual abuse and 7% of children told their guardian that they get rape. It is see that

the ladies of the house generally hide matters because she takes care of societal respect than life. Are aid and harbour the accused to commit further crime. In the primitive era the theory of punishment is little justified to give the punishment of a present criminal.

The deterrent theory set the example in society to prevent crime in future. Public hanging and public prosecution are the part of the deterrent theory, it is acceptable that this kind of punishment can increase the inner criminality of person because there is some individual get pleasure from seeing the public hanging but in other hands, deterrent punishment has achieved the goal and prevent the increasing number of crimes. Public hanging and public prosecution are not justified in the all kind of crime but it can be justifiable in some kind of crime like rape or

sexual penetration (according to POCSO).

Do not depend on only Parliament, take steps yourself:

The Criminal Law (Amendment) Act, 2013 and Protection of Children from Sexual Offences (Amendment) Bill, POCSO, 2019 were pass by the Parliament with some amendments with respect to their punishment and procedure, but it is really sufficient or prevents the sexual offences in the society? I think the answer to this question is to know everybody. We read frequently the cases of child sexual abuse. These are not bailable offences but accuse get bail easily and he became more confident at least court should implement the according to the Code and Acts and

think about the deterrent theory of punishment if it is not possible then save the soul of the IPC and

POCSO. There should be no mercy petition in cases of rape and sexual offences.

In the recent Satish case (skin-to-skin case), the judgement passed by the Mumbai court is controversial because of the interpretation of section 7 of the POCSO Act. The word sexual assault does not only include the physical assault or

body assault but also related to the “anything which that other is wearing” and

such contact attack the feelings of others.

The decision given by the Mumbai court is still damaging the essence of the legal system and if this kind of decision delivering in the future so it becomes hard to control the rape offences because the decision of the courts shape and

unshaped the law and it affects the society at large.

Conclusion

The schools of India must include the self-defense physical activity especially for girls as well as teaching about the good touch or bad touch. Parents should continuously touch with children’s activities and doesn’t ignore the changing behavior of their children because the primary duty of saving children is impose on their parents. There are many causes and

factors are responsible for committing this heinous crime not only in India but there is provision are also on

the International level like the United Nations Convention on the Rights of Child (CRC or UNCRC) 1989.

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Reference

[1]Nidhi Singh, Child Sexual Abuse: Is I am safe in my family? (Feb. 02, 2021, 12:58 PM), https://www.facebook.com/lifevscrime09/

[2]Section 84 of IPC deals with the “act of a person of unsound mind- Nothing is an offence which is do by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that

he is doing what is either wrong or contrary to law.