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    Off Against Children

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    Paryushi Koshal
    This document discusses child abuse in India. It notes that India is home to a large population of children, around 50% of whom are in need of care and protection. While India has signed agreements to protect children, child sexual abuse remains a significant problem due to a lack of effective legislation and social taboos. The document outlines some of the forms child abuse takes in India and notes that laws are still ambiguous, leading most victims to suffer in silence. It examines some of the legal aspects around child abuse in India, including weaknesses in current laws, and discusses the 2011 Protection of Children Against Sexual Offences Bill which aims to establish special courts and harsher punishments for such crimes.

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    Off Against Children

    Uploaded by

    Paryushi Koshal
    105 views9 pages
    This document discusses child abuse in India. It notes that India is home to a large population of children, around 50% of whom are in need of care and protection. While India has signed agreements to protect children, child sexual abuse remains a significant problem due to a lack of effective legislation and social taboos. The document outlines some of the forms child abuse takes in India and notes that laws are still ambiguous, leading most victims to suffer in silence. It examines some of the legal aspects around child abuse in India, including weaknesses in current laws, and discusses the 2011 Protection of Children Against Sexual Offences Bill which aims to establish special courts and harsher punishments for such crimes.

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    This document discusses child abuse in India. It notes that India is home to a large population of children, around 50% of whom are in need of care and protection. While India has signed agreements to protect children, child sexual abuse remains a significant problem due to a lack of effective legislation and social taboos. The document outlines some of the forms child abuse takes in India and notes that laws are still ambiguous, leading most victims to suffer in silence. It examines some of the legal aspects around child abuse in India, including weaknesses in current laws, and discusses the 2011 Protection of Children Against Sexual Offences Bill which aims to establish special courts and harsher punishments for such crimes.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    105 views9 pages

    Off Against Children

    Uploaded by

    Paryushi Koshal
    This document discusses child abuse in India. It notes that India is home to a large population of children, around 50% of whom are in need of care and protection. While India has signed agreements to protect children, child sexual abuse remains a significant problem due to a lack of effective legislation and social taboos. The document outlines some of the forms child abuse takes in India and notes that laws are still ambiguous, leading most victims to suffer in silence. It examines some of the legal aspects around child abuse in India, including weaknesses in current laws, and discusses the 2011 Protection of Children Against Sexual Offences Bill which aims to establish special courts and harsher punishments for such crimes.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
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    CHILD ABUSE

    SUBMITTED TO: MS. PRAGYA SHARMA

    SUBMITTED BY: PARYUSHI KOSHAL


    INTRODUCTION
    • India is second most populous country in the world and
    latest Census 2011 reveals that it’s a home to 17% of the
    world's population. Nearly nineteen percent of the
    world's children live in India, which constitutes 42
    percent (more than one third) of India’s total
    population and around 50 percent of these children are
    in need of care and protection. Signing up to the United
    Nations Convention on the Rights of the Child, India
    promised to protect its children from all forms of sexual
    exploitation and sexual abuse. Article 34 (a) enjoins
    state machinery to prevent the inducement or coercion
    of a child to engage in any unlawful sexual activity.
    CHILD SEXUAL ABUSE IN INDIA

    • CSA remains a taboo but it’s a very real problem


    in India, and the situation is aided by the
    absence of effective legislation and the silence
    that surrounds the offence. Majority of people
    feel this is a largely western problem and does
    not happen in India.
    • In India, it exists in many forms, but the laws are
    still ambiguous and most children suffer in silence.
    In India, which places a high premium on chastity
    of women and yet has the largest number of child
    sex workers in the world, there is no single, specific
    definition of child abuse. Disbelief, denial and
    cover-up to preserve family reputation has made
    child sexual abuse an invisible crime in India. In
    fact, in India it is as old as the joint family system
    and patriarchy. According to WHO, one in every
    four girls and one in every seven boys in the world
    are sexually abused.
    LEGAL ASPECTS IN INDIA
    • In India, there is not a single law that covers child abuse
    in all its dimensions. The Indian Penal Code (IPC)
    neither spells out the definition of child abuse as a
    specific offence; nor it offer legal remedy and
    punishment for it. Under the law, "child sexual abuse"
    is an umbrella term describing criminal and civil
    offenses in which an adult engages in sexual activity
    with a minor or exploits a minor for the purpose of
    sexual gratification. Unlike many other countries, laws
    in India do not distinguish child sexual abuse from
    rape. Indeed, the laws against child sexual abuse are
    only in their developing stage.
    Laws related with CSA in India and their shortcoming

    • At present CSA cases are handled under various


    sections of the IPC, which are laws meant for
    adults. There are very few sections under the IPC
    that deal with CSA. Some terrible home truths are:
    • 1. The laws for women are extended to include
    children.
    • 2. The major weakness of these laws is that only
    penile penetration is considered a grave sexual
    offence. Other offences are considered lesser.
    • 3. Although Section 377, dealing with unnatural
    offences, prescribes seven to ten years of
    imprisonment, such cases can be tried in a
    magistrates court, which can impose maximum
    punishment of three years.

    • 4. Children are more prone for repeated sexual


    abuse which affects them more severely,
    however as yet there is no law for repeated
    offenses against the one child.
    THE PROTECTION OF CHILDREN AGAINST SEXUAL OFFENCES BILL, 2011
    (PCSOB 2011)

    • The alarming results of "Study on Child Abuse: India


    2007"and other statistical Figures are enough to convince
    that a special law is mandatory to effectively tackle the issue.
    In an attempt to protect children against sexual abuse,
    sexual harassment and child pornography the Union Cabinet
    has passed a first-of-its-kind Bill in March 2011, dealing
    exclusively with sexual offences against children which
    threatens stringent action against the offenders and
    providing for
    • Establishment of special courts for trial of such offences
    • A jail term up to 7 yrs and a fine of Rs.50,000 for such
    crimes

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