Article Source : www.ibnlive.com
Author : Divya Iyer with Mosiqi Acharya
Date of Issue : Apr 25 2006
Title of Article : Finally, Govt drafts child abuse law
Details : Nearly seven lakh cases of child sexual abuse are reported in India every year. And statistics show for every case of child abuse that's reported, there are ten others that are not. Yet, it remains a dark area.
Despite such alarming statistics, there is no specific law to deal with the crime.
The Ministry of Women and Child Development has finally woken up to the fact that rape laws under the Indian Penal Code just don't address the issue. It has drafted a new bill to address this issue.
For the first time, a bill called Offences Against Children Act 2006 clearly defines all forms of assaults.
"Child protection sector has not recieved as much attention as it should have and we are all now realising that it's a gap area that needs to be overcome," says Joint Secretary, Ministry of Women and Child Development, Loveleen Kacker.
Under this act, sexual Assault is any kind of penetration, including sodomy. Molestation is -
- Touching a child for sexual gratification
- Exposing private parts in front of a child
- Making a child watch pornography
- Oral Sex
- Grooming children for sexual purpose
Punishment will also be much more stringent. Any assault on a child below 16 will be considered an offence irrespective of consent.
And for sexual assault, the minimum punishment will be life imprisonment or 12 years rigorous imprisonment with a fine.
Lawyers are happy as the bill plugs the holes in the Indian Penal Code. "Many times children were violated in other than penal-vaginal penetration and for children would cause a lot of trauma and violation. But the law was not recognising these things, says a Lawyer in the Mumbai High Court, Flavia Agnes.
The bill attempts many firsts. Except for corporal punishment and bullying, all other sections are non-bailable.
Moreover, failure to report offences by a person in position of responsibility can invite six months of imprisonment. But most importantly, the bill will also look at rehabilitation of the victim.
Psychologists say childhood abuse can leave permanent scars. But the bill has raised hopes that abused children will be able to shed their masks and live complete lives again.