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Date: April 30, 2024 Tue
Time: 1:21 am
Time: 1:21 am
Results for child sexual abuse (india)
1 results foundAuthor: Asian Centre for Human Rights Title: India’s Hell Holes: Child Sexual Assault in Juvenile Justice Homes Summary: Sexual offences against children in India have reached an epidemic proportion and the Protection of Children from Sexual Offences Act, 2012 (POCSO) is unlikely to be able to address the menace unless the Government of India and the State Governments take effective measures for proper implementation of the same. A total of 48,338 child rape cases was recorded from 2001 to 2011. These include 7,112 cases in 2011; 5,484 cases in 2010; 5,368 cases in 2009; 5,446 cases in 2008; 5,045 cases in 2007; 4,721 cases during 2006; 4,026 cases during 2005; 3,542 during 2004; 2949 cases during 2003, 2,532 cases during 2002 and 2,113 cases during 2001.1 The registration of cases of child rape have been consistently increasing and India saw an increase of 336% of child rape cases from 2001 (2,113 cases) to 2011 (7,112 cases). These are only the tip of the iceberg as the large majority of the cases of child rape are not reported to the police while children regularly become victims of other forms of sexual assault too. Many of the child rape cases take place in juvenile justice homes2 i.e. observation home, special home, or children’s home or shelter home set up, certified or recognized and registered respectively under sections 8, 9, 34, sub-section (3) of section 34 and section 37 of the Juvenile Justice (Care and Protection of Children) Act [JJ(C&P) C Act]. At the end of financial year 2011-2012, about 733 juvenile justice homes in India had received grants under the Integrated Child Protection Scheme (ICPS) of the Ministry of Women and Child Development. It will not be an understatement to state that juvenile justice homes, established to provide care and protection as well as re-integration, rehabilitation and restoration of the juveniles in conflict with law and children in need of care and protection, have become India’s hell holes where inmates are subjected to sexual assault and exploitation, torture and ill treatment apart from being forced to live in inhuman conditions. The girls remain the most vulnerable. It matters little whether the juvenile justice homes are situated in the capital Delhi or in the mofussil towns. This report highlights 39 emblematic cases of systematic and often repeated sexual assault on children in juvenile justice homes. Out of the 39 cases, 11 cases were reported from government-run juvenile justice homes such as observation homes, children homes, shelter homes and orphanages, while in one case a CWC member was accused of sexual harassment during counseling sessions. The remaining 27 cases were reported from privately/NGO run juvenile justice homes such as shelter homes, orphanages, children homes, destitute homes, etc. Majority of privately/NGO run homes are not registered under Section 34(3) of the Juvenile Justice (Care and Protection of Children) Act (as amended in 2006) which provides that “Without prejudice to anything contained in any other law for the time being in force, all institutions, whether State Government run or those run by voluntary organisations for children in need of care and protection shall, within a period of six months from the date of commencement of the Juvenile Justice (Care and Protection of Children) Amendment Act, 2006, be registered under this Act in such manner as may be prescribed.” In the case of government-run juvenile justice homes, the perpetrators were staffs including the caretakers, security guards, cooks and other Class IV employees, and the senior inmates. In two cases, the sexual abuses were committed by the senior inmates in collusion with the staff. With respect to the privately/NGO-run juvenile justice homes, the perpetrators include managers/directors/owners/founders and their relatives and friends, staff members such as caretakers, wardens, cooks, drivers, security guards, gatekeepers, senior inmates and outsiders including security forces. Out of the 27 cases in privately/NGO-run homes, inmates were responsible for the offences in five cases and out of these, in one case offence was committed in collusion with the staff. In most cases, sexual assault in the juvenile justice homes continues for a long period as the victims are not able to protest and suffer silently in the absence of any inspection by the authorities under the JJ(C&PC) Act. While authorities are the main predators, the absence of separate facilities, in many cases for boys and girls, and in most cases as per age i.e. for boys and girls up to 12 years, 13-15 years and 16 years and above as provided under Rule 40 of the Juvenile Justice Care and Protection of Children Rules 2007 facilitates sexual assault on the minor inmates by the senior inmates. The sexual assault on children the juvenile justice homes continues unabated as the Government of India i.e. the Ministry of Women and Child Development and the State Governments have failed to implement the JJ(C&PC)Act in letter and spirit. It failed to address four critical areas indispensable for addressing child sexual abuse in juvenile justice institutions i.e. functional Inspection Committees, registration of all juvenile justice homes, effective and functional Child Welfare Committees and separation of inmates on the basis of the nature of the offences, sex and age. Details: New Delhi: Asian Centre for Human Rights, 2013. 56p. Source: Internet Resource: Accessed May 4, 2013 at: http://www.achrweb.org/reports/india/IndiasHellHoles2013.pdf Year: 2013 Country: India URL: http://www.achrweb.org/reports/india/IndiasHellHoles2013.pdf Shelf Number: 128667 Keywords: Child ProtectionChild RapeChild Sexual Abuse (India)Child Sexual ExploitationJuvenile Detention Centers |