Girl Child Sexual Abuse: Comparative StudyTC:19AbstractHuman rights are thoserights which individuals inherit from their birth which are protected by thelaw. The human rights of femalechildren in India and elsewhere, even when protected on paper, are violated inpractice. An equitable and egalitarian world order must be established.
Acomprehensive campaign is needed that combats gender-based inequalities,discrimination, exploitation, oppression, abuse, violence, inhuman values, andviolations of human rights, particularly against female children. People mustradically change their attitudes and actions towards female children. Femalechildren are not a commodity or sex-object but “an equally worthy humanbeing to be loved, respected, and cared for.” Strategies that accomplishthese ends include the promotion of human and spiritual values of love,compassion, and non-violence. Effective education and mass media should countercorruption, dishonesty, selfishness, and inhuman actions. Family structuresneed to strengthened and enriched.
The abuse of female children occurs due tothe following interrelated factors: the perpetuation of traditions andpractices that identify girls as inferior to boys, the gender-biased anddiscriminatory attitude that identifies girl children as a burden or liabilityand as a sex-object or commodity, and prevalent illiteracy, poverty, andnegative parenting life style patterns. Other factors include the low status ofwomen, the reduction in human and spiritual values, and the rise of corruption.Girls are subjected to female infanticide, feticide, lack of social andeconomic development, burdensome domestic work, early marriage andchildbearing, neglect and denial of healthy living conditions, sexual abuse andexploitation, prostitution, rape, and a denial of their right to protection.
Thispaper will focus on girl child sexual abuse, the laws. Key Words: Sexual abuseof female children, Laws, sexualviolence. IntroductionChild sexual abuse has been recognised as a social malaise, prevalentwithin and outside homes and among all socio-economic strata in the South Asiaregion.
Child sexual abuse exposes a child to severe mental, physical andpsychological risks with consequences such as depression, fear, and lowself-esteem. But, as a social problem it remains an unexplored area. In thelast few decades commercial sexual exploitation of children has received muchattention, but child sexual abuse is yet to receive due attention form theconcerned authority. While dealing with the issue. All the south Asian regionis concerned with this issue and trying to spread awareness in the region. Thesouth Asian strategies against commercial sexual exploitation of children andchild sexual abuse endorsed by all South Asian countries also stressed thecritical need for research and awareness raising on the issue of child sexualabuse in the region.Research Methodology:We used secondary methodology like books, web, article, etc. This paperis based on the doctrinal approach.
Objectives of Study:The goals of the present study are to contribute towards providing asafer learning environment in different localities where all girls can exercisethe right to protection against child sexual abuse along with their right toquality primary education. The specific object includes:· Increase thenational knowledge base through reliable quantitative and qualitative data onthe level of understanding of child sexual abuse among school children and outof school children in the two nations.· Raiseawareness on the issue of child sexual abuse among different stakeholders tocreate a safer environment for children.· Recommendfuture strategies and interventions for improving the services and supportmechanisms for children. Scope and Limitation of Research:We get statistics from books and NGO’s or either web which always doessurvey. Conducting a survey is never easy.
There can be many resources inerrors of data; sensitivity of the issue adds to that problem. Out of fear,especially girls, may not report sexual abuse they might have suffered despitethe assurance of confidentiality. Some children after seeing the questionnairemay answer them by imagination rather than actual truth. Other children mightbe ignorant of what was happening to them. All these can lead to inaccuratedata; however, with large samples these errors can be extended. Some girlsblushed and felt embarrassed while filling out the questions while some girlsticked ‘no’ to first questions on experience but then answered the followingquestions as if they had experienced sexual abuse.Analysis:Child sexual abuse is aform of child abuse in which a child is abused for the sexual gratification ofan adult or older adolescent.
It includes direct sexual contact, theadult or otherwise older person engaging indecent exposure (of the genitals,female nipples, etc.) to a child with intent to gratify their own sexualdesires or to intimidate or groom the child, asking or pressuring a child toengage in sexual activities, displaying pornography to a child, or using achild to produce child pornography. Effects of child sexualabuse include shame, depression, anxiety, post-traumatic stressdisorder, self-esteem issues, self-injury, suicidal idealisationand propensity to re-victimization in adulthood. Child sexual abuseis a risk factor for attempting suicide. Much of the harm caused tovictims becomes apparent years after the abuse happens.Sexual abuse by a familymember is a form of criminal congress, and results in more serious andlong-term physiological trauma, especially in the case of parental incest. Globally, 18–19% (approx.) of women disclose beingsexually abused when they were children.
The gender gap may be caused by highervictimization of girls, lower willingness of men to disclose abuse, or both. Mostsexual abuse violators are exculpated with their victims and usually 30% are relativesof the child, most often fathers, uncles or cousins; around 60% are otheracquaintances such as friends of the family, babysitters, or neighbours;strangers are the offenders in approximately 10% of child sexual abuse cases.Most child sexual abuse is committed by men; women commit approximately 14% ofoffenses reported against boys and 6% of offenses reported againstgirls. Child sexual abuse offenders are not paedophiles unless theyhave a primary or exclusive sexual interest in prepubescent children.Who are the abusers? Two third of respondents who knew aboutincidences of sexual abuse among their friends reported that the sexual abuserswere tourists and foreigners. It appears that the leader of street children arealso often sexual abusers. Many abusers were reported to be men.
These womenwere reported to be foreign tourists. Our respondents told us that they wereinvolved in sexual affairs with female tourists while acting as guides or ontrekking routes and were provided with good remuneration.· Nepal andIndia Comparison:Child sexual abuse laws in India: have been enacted as part of the nation’s childprotection. The Parliamentof India passed the “Protectionof Children Against Sexual Offences Bill, 2011” regarding childsexual abuse on May 22, 2012into Act. 53% percent of children in India face some form of child sexualabuse. There have been many calls for more stringent laws.Goa Children’s Act, 20051, wasthe only specific piece of child abuse legislation before the 2012 Act. Child sexualabuse was prosecuted under the following sections of IndianPenial Code:· I.
P.C. (1860) 375- Rape· I.
P.C. (1860) 354- Outraging themodesty of a Woman· I.P.C. (1860) 377- Unnatural offences · IndianCases:1.
Sakshi v. Unionof India2: “the Sakshi case, theCourt ordered the Law Commission of India to examine and respond to the issuesthat Sakshi raised. This exercise culminated in the 172nd Report of the LawCommission of India (on review of rape laws, March 2000). The Report suggestedthat the offence of “rape” be substituted by “sexualassault,” making the offence gender-neutral and applicable to a range ofsexual offences other than forcible penile/vaginal penetration.”2. M.Veersamy Vs. State of Tamil Nadu3:”Child Sexual Abuse happens because thesystem of silence around the act perpetuates it.
Child Sexual Abuse represses children; the repression of children isunlikely to create a flourishing society, economically, emotionally, equally orspiritually.”· Cases inNepal: 1. Sexual abuse case of Sanjaya: “Sanjaya, 15, is from a Chhetri family fromRautahat district. He was sold to a hotel owner by his aunt where he worked forabout two years and came to the street of Bastantapur where he survived bystealing and begging. He told us one day a foreigner came to me and asked me toaccompany him. He said that he was a social activist working with children. Iwent to his place and spent one year at his place where there were 15/16 otherchildren including girls.
The man used to give us good food, sleeping place andmedicine if we were sick. He was a yogen. He used to kiss and lick us and askedus to masturbate him. He also used to do anal sex. He used to give us Rupees.
100 to 200 per act depending upon the sexual activities. After one year ofliving there, I do not know why he was arrested by police and I was taken to arehabilitation centre.” India India is home to 430million children which is approximately includes one in every five childrenbelow the age of 18 years4, in the world. They facestaggering challenges from the day they are born.
Malnutrition, illiteracy,trafficking, forced labour, drug abuse, sexual abuse pornography etc. are notuncommon among the children in India. The paper particularly deals with the problemof child sexual abuse in India. Child sexual abuse includes physical orpsychological maltreatment of a child usually by a person who is in a positionof trust and confidence in relation to the child. The person uses the child forsexual stimulation or for sexual gratification. National study undertaken bythe Ministry of Women and child development defined ‘sexual assault’ as makingthe child fondle with his/her private parts or making the child exhibit privatebody parts and being photographed in the nude.
However, the report did not exhibit the truereality because most of the cases go unreported because of the stigma attachedto it in our society. A study conducted by the UNICEF after the 2012 Delhi gangrape revealed that one in every three rape cases, the victim is a child andthese incidences are increasing at an alarming rate. Approximately 7200 girlchildren including infants are raped every year which is an issue of seriousconcern.NepalThe child is below or equal to 16 years in Nepal. InNepal one rape case takes place in every 54 minutes as reported by “The women’sfoundations of Nepal.” The criminal mindset within the human being is the primecause behind such violence against children and women both in rural and urbanareas. A survey report on child sexual abusein Kathmandu Valley has quantified what society has tried to sweep under thecarpet for so long.
Based on a random sample of nearly 5,500 school childrenand over 200 out-of-school children, the survey looks at physical sexual abuseof children as well as the prevalence of exposure of children to obscenematerials and verbal abuse. Children in the 11-14 age group were found to be most vulnerable with nearly 15percent of the girls and 13 percent of the boys admitting that they had beensexually abused. Girls reported more abuse at home, school or market, whileboys were mostly abused at the home of the perpetrator. The rate of abuse amongstreet children was the highest with most having sexual relations with multiplepartners of different ages and both genders. The flaws in the justicesystem: It is very critical to say anything about whathappens after a child has been sexually abused which holds significance notonly for his/her well-being but also for the protection of other children,because if the perpetrator is never identified or if/she allowed to move free,there are high chances of further abuse. Sometimes, the complaints of thechildren are simply rejected by the family members, Police and the medicalexperts.
In most of the cases, the perpetrator is often a family member, or aperson entrusted with care and custody of the child. In such cases, the childwould refrain from speaking up because of constant threat of the familymembers. In a case before the Delhi court, the accused was convicted for havingabducted and raped a 6-year girl who was member of his family. The accused hasearlier raped another girl of his family, but the case was not reported becauseof the stigma attached as the family members believe that reporting a case willbring shame to their family. Also, there have been cases where the mothersdidn’t take any action because of fear of being thrown out of the house by thein-laws. In other cases, the family members fear of being ostracized from thesociety.
One of the most significant reasons why families don’t come forward toreport the cases of child sexual abuse because they think that they will not betreated sympathetically by the police and the medical experts which furtheradds to their trauma. Many doctors in India lack the competence to take suchsensitive cases. Their role should include treating child well and counsellingher. Police officials also try to persuade the parties to take back theircases. Sometimes courts also drag cases for years. This shows the inability ofour criminal justice system to deal with the sexual offences with minor whichis a highly sensitive issue. So, even though there are laws in paper, but theyaren’t protected in real life.
Conclusion:This study concurs with other western studies which indicate that CSAtranscends across all socio-economic group. It is therefore important thateffective preventive strategies are developed and implemented that will crossacross all socio-economic groups.Youngadults remain the most vulnerable group, so educationrelated to sex, morality, humanity and different life skills training should beprovided to these groups from their school years itself. The benefits of earlyintervention and comprehensive care of survivors with the use of standardizedprotocols along with shorter and lesser traumatic period of court processing tothe survivors of these cases should be encourage. This article includesinformation regarding the age of the victim at the time of sexual abuse,relationship of the victim to the perpetrator, genital and extra-genitalinjuries present over the victim’s body.Suggestions:A holistic interventionstrategy should be launched to prevent child sexual abuse and providepsycho-social and legal support to the survivors of child sexual abuse.
Theprevention and support should include various target groups such as children’sgroup, guardians, and teachers, child rights organisations and the government.1 Inserted byGoa Children’s(Amendment) Act 20052 Sakshi v. India andors, Final Decision on Writ Petition, Writ Petition (Crl) No33, 1997, with SLP(Crl) Nos 1672-1673, 2000; ILDC 868 (IN2004).3 2012 (1) LW (Crl) 554, 2012 (3)CTC 641 4 Section 3of The Majority Act, 1875