· When we see that 20 percent conviction rate and 90 percent pendency of POCSO cases, it is clear that the law is not proving to be a deterrent
·
Section 43 of the POCSO Act stipulates
that governments take all measures to ensure that the Act is widely publicised
· A child who has been sexually abused needs sustained counseling to be able to be free of the effects of child sexual abuse
Ahmedabad: Child sexual abuse is
a pandemic in India, and massive steps need to be taken to stop it so children,
the future of our country, are not destroyed. The government enacted the
Protection of Children against Sexual Offences (POCSO) Act, 2012, to curb this
menace wherein over half the children of India, or 53 percent, have faced one
or the other form of sexual abuse, according to a large-scale government study
conducted in 2007.
However,
when we see that the rate of conviction in cases under the POCSO Act is less
than 20 percent and that over 90 percent of these cases are pending in court,
it is clear that the law is not proving to be a deterrent. Also, in 52
percent of the cases, the child molesters and rapists are uncles and older
cousins. Cases also go unreported due to the silence of children who are
victims of child sexual abuse — as much as 72 percent children don’t tell
anyone about the abuse they have been through, which means they are abused over
a long period of time.
In such a
scenario, prevention rather than cure should be the way to go. We, in India,
need to ensure that our children live a life of dignity free from sexual abuse,
and the best way is to ensure that all children are educated about personal
safety. Also, there needs to be enough public awareness campaigns to sensitive
parents, teachers, children, guardians and even potential child abusers to nip
the evil in the bud and put an end to the crime before it has the chance of
being perpetrated.
Studies
have shown that educating children about personal safety and creating awareness
about the dangers of sexual abuse of children can be an effective tool in
curbing the problem.
With this
in mind, Sabfree Foundation, an NGO that works to provide an ecosystem for
survivors of child sexual abuse in Gujarat, submitted a Public Interest
Litigation (PIL) in the Gujarat High Court on 2 May, calling for the state
government to screen short films on child sexual abuse and related issues
in cinema halls before a movie to create public awareness. The PIL also calls
for the government to create awareness through television channels, radio and
print media to ensure children's safety and that there is no more silence over
child sexual abuse.
This is
the first such PIL urging the government to create awareness about child sexual
abuse. It emphasises the need to have education on personal safety be made
compulsory in schools and colleges so that children are trained to protect
themselves against sexual abuse and are able to seek help from the
right people in case they are being abused or facing attempts.
The high
court took cognisance of the petition and issued notices to all six respondents
from the Central and state governments. These include the Ministry of Women and
Child Development, National Commission for the Protection of Child Rights,
Ministry of Home Affairs, Gujarat State Department of Women and Child
Protection, Gujarat State Education Department and Gujarat State Commission for
Protection of Child Rights.
It needs
to be pointed out that Section 43 of the POCSO Act stipulates that the Central
and state governments take all measures to ensure that all provisions of the
Act are widely publicised through the media at regular intervals to make the
general public, children as well as parents and guardians aware of the
provisions of the law. The Act also states that concerned persons, including
police officers, are imparted periodic training on matter related to the
implementation of the provisions of the Act.
It is
vital to ensure that no child is ever sexually abused as it has lasting
effects. These include poor academic performance, relationship problems,
suicidal tendencies, substance abuse, obesity, marital discord, Post Traumatic
Stress Disorder, poor mental and physical health, poor leadership qualities,
low level of achievements in adult life and poor parental relationships.
A child
who has been sexually abused needs sustained counseling to be able to be free
of the effects of child sexual abuse. However, in India, there is a severe
shortage of trained counselors to help tackle the massive numbers of child
victims. It costs a lot of money to avail of counseling services, and such
counseling also needs to be available constantly. Availability and costs are
major hindrances to counseling for survivors and also areas that are
severely neglected in India. The law stipulates that survivors of child sexual
abuse should be provided counseling, but the Act doesn’t specify how much and
for how long, which is why in most cases, counseling is not is adequately
provided.
Shital
Pradeep from Bachpan Bachao Andolan, Gujarat, said, “Victims of child sexual
abuse who live in shelter homes are provided counseling, but others don't get
counseling regularly or adequately.”
Given how
traumatic and lasting the effects of sexual abuse are and considering the
damage it does to a child’s life, the best way to curb child sexual abuse would
be if everyone takes up the responsibility to put an end to it. The onus
to stop child sexual abuse cannot be on the children. Adults have to ensure
that children are protected — be it is parents, teachers, community leaders or
people in the neighbourhood, school authorities and other care givers. It will
take every person to stop this disease in the country.
Furthermore,
given the scale of the problem and the number of children who face sexual
abuse, it will be a massive exercise to reach out to all quarters and
create awareness, which can only be achieved through mass communication. The
silence surrounding child sexual abuse has to be broken, and each and every
person has to be educated not only about the lasting effects of child sexual
abuse but also about the law and how stringent it is as far as sexual abuse of
children is concerned.
Children are not voters,
which is why their needs are often neglected. But when every second child is
being abused, it becomes the collective responsibility of all citizens of India
to protect them and ensure that they have a childhood free of any abuse.
This story was first published in Firstpost on May 6, 2019