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NEWS &
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FEATURES |
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LAW, LAWS,
EVERYWHERE ... |
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A lot is being said and
written about the meagre punishment meted out to a top
police official in this country almost two decades after
he allegedly molested a girl named Ruchika. As the
country debates the quantum of punishment the molester
deserves, we are reminded of a grave lacuna in the
Indian legal system. Although we are a country that has
a large body of laws - including obsolete, irrational
and inadequate ones - we do not have a law that deals
specifically with child sexual abuse and incest!
If laws that govern a country are any indication to the
presence or absence of a certain criminal behaviour or
misdemeanour, then the absence of a law to punish
abusers of children - both inside and outside the home -
should indicate that India is free from such vile
behaviour. But alas, that is far from the truth. In our
'conservative' families, people who are supposed to
protect children – fathers, mothers and uncles and
aunties – are preying on young children. Very few cases
get reported.
Although there are people who believe that child sexual
abusers can be dealt with under existing laws, it is
clear that India needs specific laws to deal with this
menace. The loopholes in the Indian legal system are
aplenty:
• There is no central law on child abuse.
• Laws dealing with sexual offences do not specifically
address child sexual abuse.
• The India Penal Code 1860 does not recognise child
abuse. Only rape and sodomy can lead to criminal
conviction.
• Anything less than rape, as defined by the law,
amounts to 'outraging the modesty.' These laws are
already problematic when applied to adult women. They
are even more difficult when applied to children.
• While sec. 376 IPC seeks to provide redress against
rape to women, it rarely covers the broad range of
sexual abuse (particularly of children), that actually
takes place.
• Most of these forms of abuse are sought to be covered
under sec. 354 of the Indian Penal Code as a violation
of a woman's modesty. Though offences under Sec. 354 of
the IPC are cognizable, they are also bailable, allowing
the perpetrator to abscond before the case comes up in
court.
• The Juvenile Justice Act, amended and rewritten in
2000, makes no attempt to identify sexual abuse on
children. Sec. 23 of the Act deals with assault,
exposes, willful neglect, mental and physical suffering,
for which imprisonment prescribed, is only for 6 months.
• Section 5 of the Immoral Traffic Prevention Act 1956
prescribes punishment of not less than 7 years for
inducing a child into prostitution, but does not
directly address child abuse.
• The word 'rape' within law, is too specific because it
does not include abuse on boys.
• 'Intercourse' is often interpreted to mean with an
'adult' and almost always implies 'consensual' sex.
Religious and social leaders in India came together to
protest against the decriminalising of consensual
homosexual acts by Delhi HC. Why can't these leaders
pressurise our “busy” law-makers to make laws to deal
specifically with child sexual abuse and incest?
Religions that condone marriage between cousins should
not demand a separate “incest” law that justifies
practices. Instead, there must be a common law based on
universal understanding of what constitutes incest.
It is high time for all to break their silence on this
matter. Teachers must encourage children to talk about
people who victimise them – even if it is a close
relative. Parents must teach children the difference
between “good” and “bad” touch. Kids must be encouraged
to talk about violence done to them. On grounds of
protecting “family honour,” no child should be made to
suffer in silence.
Every child sexual abuser must be put behind bars.
Relevant laws must ensure that teachers, child-care
workers, Sunday school teachers, tuition-teachers and
anyone who has access to children must be screened for
previous child-abuse crimes and sensitized towards the
safety of children.
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This page is
updated on Jan 04, 2010 |
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