Child Sexual Abuse In India
CHILD SEXUAL ABUSE IN INDIA = =
INTRODUCTION:
“There can be no keener revelation of a society’s soul than the way in which it treats its children”
-Nelson Mandela
India accounts for 19% of the world’s children and statistically speaking, India’s 42% population is under 18 years of age. Shockingly yet, a government commissioned survey reveals that more than 53% of the children in India are subjected to sexual abuse/assault. The above written quote should put shame to the dark society we live in today, that promises to become a global superpower but cannot ensure the security and well-being of its future assets. Child abuse, born out of dissatisfactions of society, is shrouded in secrecy and is maintained that way to suit the ignorant image of the outside world where children are assumed right less and mere pawns and followers of society. In India, there is no way for a child to consent to any kind of sexual behaviour legally, hence any kind of abuse with a minor which happens in nature of cohabiting sexual relations, sexual exploitation or verbal and physical sexual behaviour, constitutes Child Sexual Abuse or CSA. This is such a heinous crime because it leaves long lasting impacts and trauma in minds of the victim, closing them to certain aspects of society and quality professional psychological help is required to overcome this trauma and the impact of that tragedy; because of the unfortunate intersectionality in India, not everyone is able to afford or get that, thus making Child Sexual abuse a dark unnerving reality that needs to be tackled heads on.
CONTEMPORARY CSA via CSAM: == ==
According to a media report by BBC News Hindi, there was an increase in child pornography and increase in demand of Child Sexual Abuse Material or CSAM. “Grooming” Cells were found by the police which develop and “groom” a child/ teenager for CSAM. Grooming is a term that begins with the perpetrator having the intention to sexually abuse the child from the beginning and collect personal data and private sexual material from the child. According to the police, grooming usually begins online from friendship, then developing it into an emotional romantic relationship with the victim and then the demand for video call and request for sexual material is made from the victim who is emotionally manipulated to supply such. The same material is further distributed on dark net and chat rooms in dark web for cryptocurrency which cannot be traced back, thus making this system an untraceable crime for the records. According to a report by India Child Protection Fund 2020, titled “Child Sexual Abuse Material in India”, there was a hiked demand for CSAM during COVID pandemic and keywords like, ‘child porn’, ‘sexy child’ and ‘teen sex video’ were flagged to be highly searched. CSAM is primarily used for distribution and purchase on dark web and also extortion purposes.
To tackle the issue of CSAM distribution and collection, CCSE Centre i.e. Counter Child Sexual Exploitation Centre uses advance software like ICACCOPS to trace the IP addresses of culprits distributing CSAM via WhatsApp, Telegram, Facebook, etc. Another software: grapnel helps the police to discover and trace the demand and supply of CSAM on the dark web, it functions as a search engine of keywords on the dark web.
In a ground report by BBC India, on sexual assault, we find that CSA is not limited to one sex or one gender. A minor boy was sexually assaulted by 3 boys and was severely injured and the ground report consisted of the interview of the victim’s mother and doctors. The doctor revealed that socially boys are raised to be family leaders and future family heads, if in stages of development, such kind of incidents happen that question this leadership masculinity and leave the boy as a victim of CSA, the child will not be able to get out of shock and get over that PTSD left by that incident, and thus not be able to effectively step up to lead.
PAEDOPHILIA AS A MENTAL HEALTH ISSUE: == ==
A post-modernist perspective on this issue can trace the main issue of this societal menace to paedophilia i.e. sexual attraction towards children and allow the sufferers to come forward without judgement to cure themselves via psychological treatment. A documentary campaign by “Don’t Offend India” worked on destigmatising paedophilia and enabling the sufferers with a clinical help to tackle it. The perspective regards paedophilia as an issue of mental health and not a totalitarian criminal approach. It is so because in the angle of “romantic cases” in the POCSO Act 2012, wherein despite consensual sexual relations between minors or 1 minor and a major, there is charge of statutory rape attached because simply minors are ineligible to consent for establishing sexual relations and according to CJI D.Y. Chandrachud addressing a keynote speech in a conference organized by the Juvenile Justice Board of the Supreme Court, on the issue of Child Sexual Abuse, this issue is vexed and needs policy intervention with expert opinions and suggestions from experts in Adolescent development and matters concerning teenagers. It is sad that we live in a country where homosexuality is taught as a vice and actively condemned and looked down upon socially, whereas a blind eye is turned towards the increasing and impending issues of child sexual abuse.
PREVENTIVE MEASURES: == ==
The Constitution recognizes the plight of children and under doctrine of positive discrimination under article 15, grants them special attention through necessary laws and amendments to safeguard their rights.
In 2012, the POCSO Act, Protection of Children from Sexual Offences Act was passed, finally addressing and redressing the crimes committed against children in a special manner ensuring that jurists and public prosecutors recognize the sensitive nature of these cases and handle issues of minors like their privacy and psychological trauma with utmost care and attention.
The psychologists also recommend the sensitization of both genders to concepts of good touch and bad touch and building a communication with parents about relationships with external society. Too long the narrative of parents talking about sex with their children has been tabooed in Indian society, leading to a complete ignorance of children’s sexuality and urges in their adolescence. This has to change and a healthy discussion on sex-life and adolescents should be taken up in households to destigmatize the issue so that teenagers do not hesitate to talk about this in severe cases of abuse.
REFERENCES:
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According to a media report by BBC News Hindi, there was an increase in child pornography and increase in demand of Child Sexual Abuse Material or CSAM. “Grooming” Cells were found by the police which develop and “groom” a child/ teenager for CSAM. Grooming is a term that begins with the perpetrator having the intention to sexually abuse the child from the beginning and collect personal data and private sexual material from the child. According to the police, grooming usually begins online from friendship, then developing it into an emotional romantic relationship with the victim and then the demand for video call and request for sexual material is made from the victim who is emotionally manipulated to supply such. The same material is further distributed on dark net and chat rooms in dark web for cryptocurrency which cannot be traced back, thus making this system an untraceable crime for the records. According to a report by India Child Protection Fund 2020, titled “Child Sexual Abuse Material in India”, there was a hiked demand for CSAM during COVID pandemic and keywords like, ‘child porn’, ‘sexy child’ and ‘teen sex video’ were flagged to be highly searched. CSAM is primarily used for distribution and purchase on dark web and also extortion purposes.
To tackle the issue of CSAM distribution and collection, CCSE Centre i.e. Counter Child Sexual Exploitation Centre uses advance software like ICACCOPS to trace the IP addresses of culprits distributing CSAM via WhatsApp, Telegram, Facebook, etc. Another software: grapnel helps the police to discover and trace the demand and supply of CSAM on the dark web, it functions as a search engine of keywords on the dark web.
In a ground report by BBC India, on sexual assault, we find that CSA is not limited to one sex or one gender. A minor boy was sexually assaulted by 3 boys and was severely injured and the ground report consisted of the interview of the victim’s mother and doctors. The doctor revealed that socially boys are raised to be family leaders and future family heads, if in stages of development, such kind of incidents happen that question this leadership masculinity and leave the boy as a victim of CSA, the child will not be able to get out of shock and get over that PTSD left by that incident, and thus not be able to effectively step up to lead.
PAEDOPHILIA AS A MENTAL HEALTH ISSUE: == ==
A post-modernist perspective on this issue can trace the main issue of this societal menace to paedophilia i.e. sexual attraction towards children and allow the sufferers to come forward without judgement to cure themselves via psychological treatment. A documentary campaign by “Don’t Offend India” worked on destigmatising paedophilia and enabling the sufferers with a clinical help to tackle it. The perspective regards paedophilia as an issue of mental health and not a totalitarian criminal approach. It is so because in the angle of “romantic cases” in the POCSO Act 2012, wherein despite consensual sexual relations between minors or 1 minor and a major, there is charge of statutory rape attached because simply minors are ineligible to consent for establishing sexual relations and according to CJI D.Y. Chandrachud addressing a keynote speech in a conference organized by the Juvenile Justice Board of the Supreme Court, on the issue of Child Sexual Abuse, this issue is vexed and needs policy intervention with expert opinions and suggestions from experts in Adolescent development and matters concerning teenagers. It is sad that we live in a country where homosexuality is taught as a vice and actively condemned and looked down upon socially, whereas a blind eye is turned towards the increasing and impending issues of child sexual abuse.