What is sexual abuse?
Sexual abuse is such a heinous offence that gives a lifetime of trauma to victim. It effects the overall development and growth of victim.
According to WHO (world health organisation) sexual abuse is actual or threatened physical intrusion of a sexual nature ,whether by force or under unequal or coercive conditions. It also includes sexual relations with child, in any context, defined as a human being below the age of 18 year. Sexual abuse of children is emerging as a global problem. It can be physical or mental in nature. Consequences of such abuse can lead to psychological, physical and emotional exploitation of victims. As per the report of UNICEF ,1 in 5 girl or women have been subjected to sexual violence as child, and among boys and men,1 in 7 has experienced sexual violence in childhood.
It’s important to address the impact of sexual abuse on children to protect them from this harm and experiencing trauma. It can create a safe environment for them in society.
Sexual abuse of children in India
- The National Crime Records Bureau (NCRB) report states that there were 64,469 reported cases of children sexually abused and 38,444 children raped in India in 2022.
- It means that 7 children every hour report a sexual crime against them, and 4 are reporting rape.
- India has a total of 243,237 child sexual abuse (CSA) cases pending in its fast track courts as of January 2023.
- Out of the 268,038 CSA cases that were under trial, only 8,909 (a mere of 3%) resulted in a conviction, as per the NCRB report,2022
As per the report of Ministry Of Law And Justice, 299759 cases have been registered in POCSO courts from October 2019-May 2023 out of which,162497 cases have been disposed of.
Unfortunately, in India statistics reveals that 90 % of child sexual abuse cases have been committed by family members and children are scared of revealing of it.
Effects of sexual abuse on children
- Relationship problems – sexual abuse heavily effects the relationship of children with others. They may find it difficult to develop a sense of trust towards others. They may have the fear of further abuse. The wounds of abuse can create difficulties in maintaining long term relationships.
- Effect on mental health – CSA can lead to loss of confidence among children. It includes change in behaviour pattern and can cause severe depression and anxiety disorder among children. Children can develop post-traumatic stress disorder (PTSD). Among victims of CSA, 37% had anxiety disorder, 58% had separation anxiety disorder, and 73% had PTSD.PTSD is a mental health condition that causes variety of symptoms in the aftermath of sexual assault. It’s symptoms include insomnia, nightmares, bodyache, re-experiencing traumatic events etc.
- Social consequences – sexual abuse can affect a child’s social life. A child may tend towards social withdrawal which can lead to loneliness and isolation. They may find it difficult to communicate about their experiences to others. A child may have low self-esteem. Victims may find it difficult to adjust themselves within society.
- Risk of self-harm – victims of CSA are at a risk of engaging themselves in self harming activities. They also face a high risk of suicide. Their suffering may lead them to take such steps. These steps serves as solution for their emotional and mental problems.
- Sexual dysfunction – children suffered from CSA come across various challenges related to sexual health and relationships. They may fear, feel shame when it comes to intimacy. This could be termed as sexual dysfunction. Such issues may be faced in adulthood which can affect their relationships.
- Addiction or substance abuse – survivors may become addicted to substances in order to deal with trauma and depression. Substances may provide temporary relief to them but it may worse the situation more. Substances include drugs, alcohol, smoking etc. which can deteriorate their physical health.
Legal implications
- Section 65(1) BNS– it states that whoever commits rape on a woman under 16 years of age should be punished with rigorous imprisonment for a term not less than 20 years but which may extend to life imprisonment and with fine
- Section 65(2) BNS- it states that whoever commits rape on a woman under 12 years of age should be punished with punishment mentioned in sub-section (1) or death.
- Section 70(2) BNS- Where a woman under eighteen years of age is raped by one or more persons constituting a group shall be punished with imprisonment for life, and with fine, or with death.
The parliament has passed The Protection of Children from Sexual Offences Act, 2012 on may 22,2012 to specifically address the issue of sexual offences committed against children. Punishment for offences are –
- Penetrative sexual assault section 3 – not less than seven years which may extend to life imprisonment and fine.
- Aggravated penetrative sexual assault section 5 – not less than ten years which may extend to life imprisonment and fine.
- Sexual assault section 7 – not less than three years but may extend to five years and with fine.
- Aggravated sexual assault section 9 – not less than five years but may extend to seven years and fine
- Sexual harassment of child section 11 – three years and fine
- Use of child for pornographic purposes section 13 – five years and fine and in the event of subsequent conviction, seven years and fine.
Methods to overcome impacts
- Professional help – it is important to seek help of a professional so that one can freely communicate about their experiences and feelings. Professional setup can provide a safe space to survivor where he can cultivate coping strategies and can process his feelings.
- Environment and surrounding – surrounding of a person plays a crucial role. A person who remains in isolation often keeps re-experiencing traumatic events. That’s why it is important for them to be with people who make them feel safe. It’s important for them to connect with people to whom they can share their experiences which can be beneficial for healing.
- Education – educating oneself and others about CSA plays a vital role. Survivor can empower themselves through education and then they can further motivate others who have been a victim of CSA. This can be done by conducting seminars, campaigns, sharing their own experiences and how they came out of that situation.
- Self care – Survivor must lay emphasis on their self care which can include meditation, engaging in spirituality, exercising daily, fixing their sleep schedule or following their hobbies. This can promote their physical and emotional well-being.
- Being patient – healing takes time. It’s important to give yourself some time to recover.
- Cognitive behavioral therapy – it is a therapy that helps to trat mental health conditions such as PTSD, anxiety, depression. It helps in improving quality of life and focuses on changing negative thoughts.
Landmark cases of CSA in India
THE BADAUN GANGRAPE CASE 2014
In this case, two minor cousins were gangraped and murdered in Katra village of Badaun, Uttar Pradesh. After investigation, CBI concluded that there was no gang rape, and the suspects were released. BUT later, the POCSO court rejected the CBI’s report. According to reports, in the evening the girls had gone out into a field and did not return. The police were notified, but they took no action. The villagers found the girls hanging from a tree. According to PM report, the girls were raped and were hanged alive on the tree. In 2016, the three accused were convicted but later granted bail.
MATHURA RAPE CASE 1972
The Mathura rape case is considered as landmark case which lead to formation of Criminal Law Amendment Act, 1983. In this case a 15-year old girl named Mathura was raped by 2 policemen inside a police station in Maharashtra. The incident took place on 26 March 1972 when a FIR was filed by her brother disapproving her relationship with Ashok, with whom Mathura had eloped. Mathura was summoned to the police station where after taking her statements , the police constables, Tukaram and Ganpat asked her to stay back. Ganpat took Mathura to washroom where he tried to rape her. Later he dragged her to the main building where he she was raped by him. Later, Tukaram also tried to rape her but was unable to do so because of intoxication. The Supreme Court acquitted the accused on the ground that Mathura did not verbally expressed her non-consent during the event and there was a lack of bruising on her body. She was habitual to sex based on two finger test. The court’s judgement faced backlash by the people. This led to the introduction of Criminal Amendment Act 1983.
Changes in IPC
- Section 228A of IPC – it prohibits disclosing identity of victim of rape. Punishment for disclosing identity of victim is imprisonment of term of 2 years and fine.
- Section 375 of IPC – increased the scope of definition of rape.
- Section 376 of IPC – punishment for rape.
- Section 376A of IPC – intercourse by a man with his wife during separation.
- Section 376B of IPC – intercourse by pubic servant with a woman in his custody.
- Section 376C of IPC – intercourse by superintendent of jail, remand home, etc.
- Section 376D of IPC – intercourse by any member of a management or staff of hospital with any woman in that hospital.
Changes in CRPC 1973
- Section 327(2) & Section 327(3) – the provision provides for camera proceedings in cases of rape and prevents publication or printing of any matter related to such proceedings.
Changes in Indian Evidence Act 1872
Section 114A – it provides for presumption of absence of consent in cases related to rape.
KATHUA RAPE CASE 2018
In this case an eight year old girl from Kathua was abducted, drugged, raped and murdered. Her body was discovered in a nearby forest. Six of the seven accused were convicted. Three of the men got life imprisonment and other three got five year imprisonment. The court acquitted the seventh accused giving him benefit of doubt. This case led to the amendments in IPC, CRPC and IEA by way of Criminal Amendment Act 2018.
Changes in IPC
- Section 376 – amendment was made in (a) in sub-section 1 of Section 376 which provided for punishment not less than 10 years which may extend to life imprisonment. Section 376(3) was added which provided for rape on a woman under sixteen years of age.
- Section 376AB – it provided for rape on a woman under twelve years of age.
- Section 376DA – it provided for gangrape on a woman under sixteen years of age.
- Section 376DB – it provided for gangrape on a woman under twelve years of age.
Changes in CRPC
- Section 374(4) – it provided that when an appeal has been filed against an order passed under section 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB or 376E of IPC, it shall be disposed of within a period of six months from date of filing of such appeal.
- Section 438(4) – it provided that nothing in this section shall apply to any case involving the arrest of any person on accusation of having committed an offence under sub-section (3) of section 376 or section 376AB or section 376DA or section 376DB of IPC.
- Section 439(a)(1) – it provided that high court or session court shall, before granting bail to a person who is accused of an offence triable under section 376(3) or 376AB or 376DA or 376DB of IPC, give notice of the application for bail to the public prosecutor within a period of fifteen days from the date of receipt of the notice of such application.
- Section 439(1A) – provided that the presence of the informant or any person authorised by him shall be obligatory at the time of hearing of the application for bail to the person under section 376(3) or 376(AB) or section 376(DA) or 376(DB) of IPC.
Changes in IEA
Section 53A and section 146 of IEA were amended to include the new provisions added by 2018 amendment.
Conclusion
Child Sexual abuse Is a crime which is constantly growing in our society and has profound effects on the physical, mental and emotional well being of a child. The trauma can lead to various issues in child including psychological issues, PTSD, anxiety, depression and suicidal thoughts. CSA not only affects the survivor but it’s impact can be extended upto survivor’s families too. Although many laws are Implemented to overcome CSA but along with it moral and emotional support to victim is also necessary. Addressing these issues is important to provide a safe environment to children and healing their trauma.
References
- https://www.who.int/docs/default-source/documents/ethics/sexual-exploitation-and-abuse-pamphlet-en.pdf
- https://data.unicef.org/topic/child-protection/violence/sexual-violence/#status
- https://www.childprotection.org.in/end-child-sexual-abuse
- https://sansad.in/getFile/annex/265/AU422_Z4PJnc.pdf?source=pqars
- Maniglio (2009), op. cit
- Health Working Group on Child Sexual Exploitation (2014), op. cit
- https://www.verywellmind.com/symptoms-of-ptsd-after-a-rape-2797203
- https://www.freelaw.in/legalarticles/Punishment-for-Rape-under-the-Bharatiya-Nyaya-Sanhita-2023-
- https://childlineindia.org/a/issues/sexual-abuse
- https://chatgpt.com/
- https://indiankanoon.org/doc/1092711/
- https://www.drishtijudiciary.com/to-the-point/bharatiya-nyaya-sanhita-&-indian-penal-code/amendments-in-rape-laws
- https://www.shankariasparliament.com/current-affairs/kathua-rape-case-verdict
Author: Anushka Sharma is a 4th-year BALLB student at Mohanlal Sukhadia University
