Jul 23, 2020 13:03 UTC
| Updated:
Jul 23, 2020 at 13:03 UTC
What is not a Sexual Abuse?
“There can be no keener revelation of a society’s soul than how it treats its children.“
This is a very famous quote by Mr. Nelson Mandela[1], the main root of their freedom also quoted by Joseph Manje[2]. He also pointed out the importance of teaching children for creation of a better society. Children’s health is the wealth of a nation and in a developing country like India, undoubtedly, children are the building blocks of a country. However, many times it appears that children are not being treated the way they ought to be in our country. There are many instances where the children have been sexually abused not only by the strangers but also sometimes by the family members.
It has been reported that everyone child out of three who have faced sexual abuse drops out of school every year due to such trauma[3]. The study also points out that only 15% of the total survivors have been granted compensation by the Government and which only ranged between 30000 to 50000 INR. This study has also pointed out that only 9% of the sexually abused children could continue their schooling[4]. This study also reveals that more than 55% of the families are not financially sound to provide education to these survivors. Lack of safety and security are also pointed out to be other reasons. 15% of the survivors are not granted enrolment in schools and they have no sense of regularity because of their stay in shelter homes, continuing health problems, and physical disability. The other 15% have faced challenges relating to lowering down of interests and poor academic performance to pull them out of schools and colleges. Such instances depict the incapacity of our state and constitution to protect the interest of children.
The deep impact of such an unlawful act has been seen to be appearing on the girl child as most of the victim girls showed signs of withdrawal and self-isolation from the institutes. Not only this, according to the data it was found that of the total 932 cases which were registered by the Police under the Protection of Children from Sexual Offences (POCSO) Act[5], 849 cases related to girls whereas only 83 cases were of boys.
Sexual Violence is that kind of a crime that is rooted in control and patriarchy which includes male entitlement. In India, the blame is shifted onto the sexual assault survivors by shaming them and their family members. This social stigma of being victim of sexual assault becomes a hindrance in accessing the Courts resulting unheard voices going into oblivion.
Challenging Justice
The Sexual Assault Survivors who chose to access justice face several challenges which are as follows:
- Family: Most of the Family members of the survivors force them to stay quiet and not report such cases to the police or administration because of the fear of their reputation in society. This is the most influential obstacle in cases of women.
- Medical Staff: Doctors and other medical professionals also sometimes force the survivors to undergo the “two-finger test,” and then blaming upon them to have a degrading assault with no medical basis and in result increasing the psychological trauma upon them.
- Background of the Accused: Sometimes the accused is of a powerful background hence, making it difficult for the survivor to report a case against him as the accused has all the means to take advantage of the loopholes in our judicial system and thus forcing the survivor to compromise their case.
- Depression and Anxiety: The survivor may face depression resulting getting ideas of committing suicide or having panic attacks at regular intervals.
- Addiction to drugs: The survivor may get addicted to taking drugs or alcohol and this includes children with an intent to keep themselves away from the pain but this should not be done rather proper care and attention be given to them if they are indulged in such activities.
- Health Disability: The sexual assault victims are given physical scars as well as psychological scars which are very harmful to them because it may sometimes even result in death as well.
United Nations on Social Justice
The United Nations Sustainable Development Goals[6] 5 has called for Gender Equality and assesses several targets which include:
- To end all forms of discrimination against all women and girls everywhere.
- To eliminate “all forms of violence against all women and girls in the public and private spheres, including sexual violence.”
- To adopt and strengthen “sound policies and enforceable legislation for the promotion of gender equality and the empowerment of all women and girls at all levels.”
India has also formed the Protection of Children from Sexual Offences (POCSO) Act, 2012 which provides for the establishment of children-friendly courts so that the children are not required to give their testimony in various courts. It also imposes punishments on law officers who fail to lodge complaints of the sex abuse victims. There has also been amendment in section 375 of indian penal code (IPC) for expanding the definition of rape[7]. These legislation have been substantial but not exhaustive in dealing cases of sexual assault. The increasing rate of such cases is an alarming situation for the law enforcement authorities. Recently, a supreme court justice was made accused of sexual assault and. Therefore, it can be said without a doubt that despite these legislations India needs awareness about law and their proper implementation along with proper monitoring and fast tracking of cases. Additionally, marital rape must also be included in our laws so that post-marriage sexual intercourse without woman’s consent becomes punishable offence. There should be safeguards for ensuring proper mental heat of the victims. The children must be taught about situations of sexual assault and also their training about their body parts would be helpful in reducing these cases. They should also be given a code word so that they may tell you when they are not feeling comfortable with someone’s touch. They should also be told that someone taking pictures of their private parts is not okay and we should also make them reasonable and aware of these evil practices. Remember, victims of sexual abuse must not be ridiculed in any case instead efforts must be taken for ensuring safety of men, women, and children.
[1] Former President of South Africa
[2] Joseph Wathigo Manje (born 20 October 1962) is a Kenyan politician, a teacher, and an entrepreneur, and currently the Member of Parliament for Kajiado North Constituency
[3] a survey by Delhi Commission for the Protection of Child Rights
[4] Source Link
[5] The Act has come into force with effect from 14th November, 2012.
[6] A collection of 17 global goals designed to be a “blueprint to achieve a better and more sustainable future for all”.
[7] Source Link
Legal Wires
Team @LegalWires
