Sexual Abuse
Child Sexual Abuse In India
The World Health Organization has defined child sexual abuse as the involvement of a child in sexual activity as he or she does not fully comprehend, is unable to give informed consent to, or for which the child is not developmentally prepared and cannot give consent, or that violates the laws or social taboos of society. It includes different sexual activities like fondling, inviting a child to touch or be touched sexually, intercourse, exhibitionism, involving a child in prostitution or pornography, or online child luring by cyber-predators.
The Protection of Children from Sexual Offences Act, 2012
In a landmark moment in India’s history, The Protection of Children from Sexual Offences Act, 2012 was passed by the Lok Sabha on 22nd May 2012.
The Bill was first presented in the Rajya Sabha and Lok Sabha and then referred to a Parliamentary Standing Committee. The Standing Committee had submitted their report on the 21st of December, 2011. The Rajya Sabha gave its nod in May this year.
The Bill which remained pending for a long time is a necessity in a country where 40 percent of the population is below the age of 18. Also, in the absence of stringent laws against Child Sexual Abuse (CSA), over 53 per cent of children surveyed in 2007 stated that they had experienced one or more forms of sexual abuse.
The Protection of Children from Sexual Offences Act, 2012 has been drafted to specifically address the issue of sexual offences committed against children, which until now had been tried under laws that did not differentiate between adult and child victims.
The punishments provided in the law are also stringent and are commensurate with the gravity of the offence. The offence is considered ‘aggravated’ if committed by a person in a position of authority such as a public servant or member of the security forces.
The law defines a child as anyone below the age of 18 years and does not differentiate between a boy or girl child victim. The law has also taken a big step forward in including not only penetrative assault under the ambit of sexual abuse but also expanded the definition to include visual, verbal and physical sexual abuse as well.
Punishment for Offences covered in the Act are:
Various child friendly procedures are put in place at various stages of the judicial process for reporting of the crime, recording of evidence, investigation and trial of offences in this Act. The possibility of establishment of Special Courts for the trial of offences under the law has also been provided for. Also, the Special Court is to complete the trial within a period of one year, as far as possible. Disclosing the name of the child in the media is a punishable offence, punishable by up to one year.
The law provides for relief and rehabilitation of the child, as soon as the complaint is made to the Special Juvenile Police Unit (SJPU) or to the local police. These agencies are required to make immediate arrangements to give the child adequate care and protection such as admitting the child into a shelter home or to the nearest hospital within twenty-four hours of the report. The Child Welfare Committee (CWC) is also required to be notified within 24 hours of recording the complaint.
Child friendly procedures incorporated in the Act:
An important step forward is also the recognition of the intent of committing an offence, which has also been provided for with the possibility of punishment of up to half the punishment that has been provided for the actual committing of the crime. Abetment of the offence is also considered punishable for their role in aiding the sexual abuse of a child.
The burden of proof lies on the accused in any case of Child Sexual Abuse.
However, for preventing the misuse of the law, there is also a punishment provided for making a false complaint or providing false evidence. It remains to be seen how this provision is utilized in the future.
A duty on the Central and State Governments is to spread awareness through media including television, radio and print media at regular intervals to make the general public, children as well as their parents and guardians aware of the provisions of this Act.
It is a mandate of the National Commission for the Protection of Child Rights (NCPCR) and State Commissions for the Protection of Child Rights (SCPCR) to monitor the implementation of the Act.
At Justice For India Foundation, we are dedicated to combating sexual abuse and supporting survivors with unwavering commitment and compassion. Sexual abuse—whether experienced by women or children—is a profound violation of human rights that causes significant physical, emotional, and psychological harm. Our mission is to address this critical issue through prevention, support, and advocacy, ensuring a safe and just environment for all.
Understanding Sexual Abuse
Sexual abuse is a pervasive issue affecting individuals across all demographics, but women and children are particularly vulnerable. It encompasses a range of harmful behaviors, including assault, exploitation, and harassment, often perpetrated by those in positions of power or trust. The impact of sexual abuse is far-reaching, leading to severe trauma, long-term health problems, and social stigma. Our work is driven by the belief that every person has the right to safety, dignity, and justice, and we are committed to addressing and mitigating the effects of sexual abuse.
Our Approach
01. Prevention and Education: Preventing sexual abuse is a cornerstone of our approach. We conduct educational programs and awareness campaigns to inform communities about the signs of abuse, the importance of consent, and the resources available for support. Our programs target schools, workplaces, and community organizations, aiming to foster a culture of respect and safety. By educating individuals and communities, we strive to create environments where abuse is less likely to occur and where survivors are supported and believed.
02. Support and Empowerment: For survivors of sexual abuse, providing comprehensive support is essential for their healing and recovery. We offer a range of services, including counseling, medical care, and legal assistance, tailored to the unique needs of each survivor. Our support services are designed to help survivors regain control over their lives, rebuild their self-esteem, and access necessary resources. We also provide safe spaces and support groups where survivors can share their experiences and receive emotional support from others who understand their struggles.
03. Advocacy and Legal Support: Advocacy plays a crucial role in addressing sexual abuse and ensuring justice for survivors. We work closely with legal professionals and policymakers to advocate for stronger laws and policies that protect individuals from sexual abuse and hold perpetrators accountable. Our efforts include providing legal support to survivors navigating the justice system, helping them understand their rights, and ensuring that their voices are heard. By pushing for systemic change, we aim to create a more equitable and responsive legal environment.
04. Community Engagement: Addressing sexual abuse requires a collaborative effort from all sectors of society. We engage with community leaders, organizations, and stakeholders to build a network of support and drive collective action. Our community engagement efforts focus on creating partnerships that enhance our impact, sharing best practices, and working together to promote safety and respect. By involving the community in our initiatives, we ensure a holistic approach to preventing and addressing sexual abuse.
05. Training and Capacity Building: Effective intervention and support depend on the skills and knowledge of those involved. We offer training programs for professionals, including teachers, healthcare workers, and law enforcement officers, to enhance their ability to recognize and respond to sexual abuse. Our training focuses on best practices for supporting survivors, understanding trauma, and ensuring that responses are both empathetic and effective. By building capacity within the community, we strengthen the overall response to sexual abuse.
06. Monitoring and Evaluation: To measure the effectiveness of our programs and ensure continuous improvement, we employ rigorous monitoring and evaluation practices. We collect data on the outcomes of our interventions, assess the impact of our programs, and use this information to refine our strategies. Transparency and accountability are central to our approach, allowing us to demonstrate the efficacy of our efforts and make data-driven decisions.
Get Involved
Ending sexual abuse and supporting survivors is a critical and collective responsibility. At Justice For India Foundation, we invite individuals, communities, and organizations to join us in this important mission. Your support—whether through donations, volunteering, or advocacy—can make a significant difference in our efforts to combat sexual abuse and provide hope and healing to those affected.
Together, we can create a world where every individual is safe, respected, and empowered. Join us in our fight against sexual abuse and help us build a future where everyone has the opportunity to live free from fear and harm.
