CHAPTER 4

VIOLATION OF CHILD RIGHTS: SITUATION ASSESSMENT

4.1 General
Children serve as the emissaries of paradise. They are entitled to live and be healthy,
to eat, to have a safe place to live, and to be free from dangers such as war, starvation,
abuse, and neglect. We must ensure that they are not deprived of the opportunity to
develop since they are our hope for the future. The well-being of a society's children
determines its prospects for survival and stability, and welfare planning determines
the quality of a society's children. In light of a child's importance as a social unit, it is
imperative that we treat him or her holistically rather than treating him or her as an
individual at a specific developmental stage.
Children are the future's greatest hope, the new beginning for all people and the first
shoots of societal growth.109 "The greatest gift of humanity" and "supremely
important national assets" both refer to children. The youth of a nation are its most
valuable resource; as such, we owe it to them to treat them with kindness and provide
them with the resources they need to reach their full potential in all areas of
development: physically, mentally, morally, and spiritually. India boasts the world's
biggest number of children. To protect children's fundamental rights, India has made a
number of important pledges. Infant mortality rates have decreased, child survival
rates have increased, increased rates of literacy and decreased rates of school dropout
decreased, all of which indicate progress in overall indicators. However, there is a
disconnect between India's legal and policy obligations to children when it comes to
child rights. This is one viewpoint, and the other paints a bleak and tragic image of the
plight of India's youth. Many different types of childhoods coexist in India. Inequality
affects different parts of society to varying degrees that are dependent on factors
including social and economic standing, physical and mental capacity, place of origin,
and other distinctions. Because of these disparities, the child in India faces
discrimination. As a result, just being a child makes all children in India vulnerable to
specific forms of abuse.
Children are the most valuable resource of any nation, and as such, they must be
safeguarded against abuse and neglect of any kind. The state has a moral obligation to
actively promote this cause. The Indian Constitution and other national laws and
regulations, as well as several international treaties, declarations, and suggestions

1
have all made concerted efforts to ensure the safety of children. Nevertheless, the
rights of children are being eroded and their situation is unchanged despite societal
advancements and developments in the twenty-first century. Crimes perpetrated
against children are on the rise. The prevalence of child-related crimes such as rape,
abduction, prostitution, being exposed, demise, foeticide, infanticide, child labor,
trafficking, abuse, etc., demonstrates our deep concern for the well-being and safety
of our youth! Who is the child, anyhow, before we get into all this discussion?
4.2 Who is a Child?
The phrase "child" is used to characterize someone who is unable to tend to his own
needs. A person is deemed a "child" if they are below the age of eighteen, as stated in
Article 1 of the 1989 United Nations Convention on the Rights of the Child
(UNCRC), unless the applicable law stipulates a younger age of majority. Therefore,
this Article gives each country the freedom to legislate its own minimum age for the
end of childhood, be it twelve, fourteen, sixteen, or any other age it deems suitable.
The age of the child is thus defined differently in various Indian statutes, and there is
no general agreement on this matter. The term "child" is defined differently in each
statute. Here are a few examples of such statutes:

Table 2: Age of child in Indian Law

Children Definition in different Legislations Child Age

The Indian Penal Code, 1860 7-12 years
An Act Concerning the Administration of Juvenile Justice 18 Years
and the Safety of Minors (2015)
The Child Marriage Restraint Act, 1929 Male-21Years,
Female-18Years
The Prohibition of Child Marriage Act 2006 Male-21Years,
Female-18Years
Education for All Students Must Be Free and Compulsory 6-14 Years
Act of 2009
The Young Persons (Harmful Publication) Act 1956 20 Years
The Shops and Establishment Act 1948 15 Years
The Factories Act, 1948 15 Years

2
 Garden Workers Act, 1951 12 Years
The Labour Laws and Appetent Act,1951 15 Years
The Mines Act, 1952 16 Years
The Indian Majority Act, 1875 18 Years
The Beedi and Cigarette Workers Act(Employment 14 Years
Conditions), 1966
The Act Prohibiting and Regulating Child and Adolescent 14 Years
Labor, 1986
The Census of India 14 Years
Dangerous Machines (Regulation) Act, 1983 14 Years
The 2012 Law to Prevent Sexual Offenses Against Children 16 Years
Motor Transport Workers Act, 1961 14 Years
The Minimum Wages Act, 1948 14 Years
Immoral Traffic (Prevention) Act, 1960 16 Years
The Children Act, 1960 Male-16Years,
Female-18 Years
The Domestic Violence Act, 2005 18 Years
Hence depending upon the aims and objectives and nature of work, different
legislations vary regarding the age of a ‘child’ which give rise to conflicting
interpretations in the status of a child. Therefore, there is a need for harmonizing these
inconsistencies along with those existing in different local laws.

4.3 What is Child Protection?

"Child Protection" refers to efforts to stop and address all forms of violence and abuse
directed at children, including but not limited to sexual and financial slavery, human
trafficking, child labor, and destructive cultural traditions like child marriage and
female genital mutilation. Preventing neglect, physical or sexual abuse, and other
forms of harm to children is what is meant by "child protection" in India. Making sure
children receive the care, protection, and support they need to survive, evolve, and
flourish is one way it seeks to lessen their vulnerability.
Child protection, at its core, is about ensuring that no child is ever harmed. Through
its charter, as well as its laws, policies, and projects implemented throughout the
years114, India has acknowledged the right to safeguard its children. Some kids are in

3
"particularly difficult conditions," and that much is acknowledged.115
Figure-1:Child Protection

4.4 Things that Put Children at Risk of Being Victimized by Violence

a) Cultural and Traditional traditions: -Our cultural and traditional
traditions sometimes condone or even encourage the abuse of children. Importantly,
in this case, the abuser and the victim may not notice anything off with the victimized
child. For them, it can be completely justified and so not seen as violence at all.
b) Quiet Witness: Our culture is frequently reticent to speak out against this
reasonable occurrence, preferring instead to observe it from a distance.
c) Orphans and abandoned children: These children are among the most
defenseless members of our society, and they are susceptible to abuse in any form.
d) Financial Considerations: Poverty is a major hindrance to human
happiness since it eliminates freedom and makes certain virtues impossible to practice
while making others very difficult.116
e) Extremely vulnerable children are often coerced into child labor or sexual
exploitation due to factors such as poverty and malnutrition, and they endure assault
on all levels as a result.
f) Illiteracy: -An important factor contributing to their children's lack of
education is when parents are illiterate themselves and fail to see the need of
education. An increase in kids means more work and more money, according to the
uneducated parents.
g) Other Factors: Unemployment, substance misuse, and heavy drinking are
among other things that put children at risk. Also, the majority of violent incidents go
unreported. Because the victim is a youngster, they may experience shame or

4
remorse, and they may think the abuse was justified.
4.5 Various Protection Issues
Worldwide, millions of children fall prey to various forms of abuse, exploitation,
slavery, and violence. While the idea of violence against children is hardly novel, the
ways in which it manifests is. When a parent or caregiver fails to provide a fair level
of care and protection for a kid, the youngster may suffer injury. Sexual abuse,
exploitation, mental and physical harm, and carelessness or neglect in therapy are all
part of this category.
Any intentional action by an adult towards a kid with the intent to inflict bodily or
mental injury is considered to be violence against children. The term encompasses a
wide range of violent behaviors, from physical assault and sexual assault to more
systemic types of violence, such as exploitative child labor and the recruitment of
children into armed conflicts.
Victims of rights violations include children who are already at a disadvantage due to
their socioeconomic status, physical or mental health. There are many forms that
violence against children can take, and below are a few child protection challenges in
India:

4.5.1 Child Labour

Among our numerous transgressions, the most heinous is our failure to care for the
children, our disregard for the source of all life. A lot of the things that we have to
wait for, the kid can't. At this very moment, his senses are developing, his blood is
being created, and his bones are taking shape. We are unable to respond to him the
day he was born is tomorrow.
We are all constantly and endlessly surpassing our constraints since the world is
whirling so fast today. For middle-class and upper-class families, it's normal for both
parents to work and send their kids to school. But that isn't the case for the 218
million children around the world who work as slaves in risky, parasitic jobs for long
hours every day.' In the past ten years, the issue of child labor has garnered
considerable focus on a global scale. Misuse, abuse, and denial of rights is affecting
millions of children.
Society finds it morally repugnant that child labor exists and is practiced. This is an
insult to modern welfare states that aim to help their inhabitants grow in all aspects of

5
life. Children are like buds: today they are being pinched just before they bloom,
instead of being nurtured properly. When they are young, they need our undivided
attention, care, and schooling the most, but instead they are forced to work. They are
compelled to join the workforce due to a lack of resources for essential needs, which
hinders their personal growth and society's progress overall. This is all because they
become victims of the current exploitative system. Regardless of deliberate attempts
to address the issue, India continues to rank first in the world for the biggest number
of child laborers.
A. Defining Child Labour
The term "working child" or "employed child" does not have a consensus definition.
Diverse organizations have proposed definitions of child labor based on occupation
and age.
"Child Labour" can mean either "employed child" or "working child" depending on
context. Any labor that a youngster does for money is, in this sense, coextensive.
However, the term "Child Labour" is usually used in a derogatory way. It alludes to
something exploitative and unpleasant.
A detailed description of child labor has been offered by the International Labor
Organization. It states that: -Child Labour entails children working as adults for low
salaries while working in environments that are harmful to their health and
advancement; -Children doing this work may be away from their families; -They are
often denied educational pathways to education and employment that may improve
one's future; and -They work long hours without breaks.
A thorough attempt at defining child labor has been made by UNICEF:
a) Entering the workforce excessively early in life.
b) Working for twelve to sixteen hours straight.
c) Employment that puts an undue burden on the child's mental, social, and
physical health.
d) Engage in hazardous and harmful street work
e) Pay that is inadequate for the effort put in.
f) Taking on too much responsibilities at a young age, as is common in the
home when children as young as 10 years old may be required to care for younger
siblings all day, which makes it impossible for them to go to school.
g) Employment that does not help the child's emotional and social growth

6
h) Employment that lowers the child's sense of self-worth, such as in bonded labor or
prostitution, or even less severe situations, the public's view of youngsters living on
the streets.121

The phrase "child labour" has two meanings in the view of V.V. Giri: first, as a
method of making money, and second, as a kind of societal degradation. First, it's
about putting kids to work so the family can make more money. Second, it's about the
big picture, including the risks the kids face, which means they don't get the chance to
grow up.
So, in a narrow sense, child labor
a. Putting the child to work in any way that brings in money;
b. exposing the child to dangerous or unhealthy job; and
c. Providing the child with developmentally appropriate opportunities for
growth.

7
 Figure-2: Child Labour in India
B. Magnitude of Child Labour
When compared globally, India has the highest concentration of minor’s laborers. The
nation faces a significant task in removing them from their jobs and ensuring their
recovery. The use of children as laborers is more common in rural areas of India than
in cities. Only 9.13% of working-age children lived in urban regions, while 90.87%
lived in rural areas.
Some common forms of child labor include: migratory workers moving from rural to
urban areas (often accompanied by their parents), bonded workers who are promised
to employers as collateral for debts or payments, and children working in the informal
and unorganized sectors.

8
The 2001 census revealed that India had the world's greatest concentration of child
laborers. In India, as in many other countries, it is normal practice to strip children of
their fundamental rights in public places including streets, restaurants, agricultural
fields, and any other place where child labor is involved. Worldwide, around 215
million children under the age of 18 work as child laborers. Of these, about 2% are
from India; this is nearly equal to the country's current GDP contribution of 1.67%.
A worrying trend that undermines children's access to education is child labor, says
the Indian government. Therefore, child labor is harmful to the well-being of impedes
children's access to education.
Based on data collected in 2014 by the National Commission for the Protection of
Child Rights (NCPCR), Table 3 displays the percentage of minors working in both the
main and marginal sectors of the labor market. It reveals that 6,052,763 children in
India between the ages of 10 and 14 work, and 2,175,718 children between the ages of
5 and 9 work as well, based on the 2011 census.

Table: 3 Child Labour in India

All India Child Labour Population according to 2011 Census
Age Group Main Marginal Total
Workers Workers
Total 5-9 1,108,808 1,066,910 2,175,718
All India Total 10-14 3,244,439 2,808,324 6,052,763
Total 4,353,247 3,875,234 8,228,481
The LAC region has the world's lowest activity rate of children in the age category of
5–14 years, at 5.1%, according to the 2013 ILO Global Report on Child Labour. It
stands at 18.8% in the Asia-Pacific region. In contrast, only 5% of Indian youngsters
participated in physical activity during the 2001 census.129 Approximately 4.984
million children were working in 2009 and 2010, according to the National Sample
report Office (NSSO) report. This number is trending downwards. Based on the
NSSO survey, Table 4 displays the specifics of working children by year.

Table: 4 NSSO Estimate of the Magnitude of Child Labour in India, 1993-

2009/10 (in Millions)

9
 Year Boys Girls All
1993-94 7.35 6.0 13.3
1999-2000 5.4 4.8 10.2
2004-05 4.76 3.9 8.6
2009-10 3.1 1.8 4.9

Data on the extent of child work in India is shown in Table 5 from various sources.
According to UNICEF-NSSO data, there are 4.98 million children working, although
the 2011 national census puts the amount at 10.12 million. The two figures couldn't be
more different.

Table: 5 Child Labour in India from Various Data Sources

Source Number of Working Children
2011 National Census 10.12 million
National Sample Survey, 2009-10 4.98 million
Table 6 shows that the agricultural sector employs a disproportionate number of
children in India. In India, the agricultural industry is the most concentrated source of
child labor, employing more than two-thirds of the country's children.132 Trade,
hotels, and restaurants employ 8.45% of the world's child laborers, followed closely
by manufacturing (16.55% of the workforce), and finally, the manufacturing sector.
The majority of the kids who work in agriculture are farmhands or live on the farm
with their families. Nevertheless, a considerable number of them also engage in paid
casual labor for wages that are typically half of what adults get.133

Table 6 Percentage Distribution of Child Labour by Sectors of Employment, All-

India (2004-05)
Agriculture Manufacturing Trade & Community Construction Others
hotel & social
services
Serial 1 68.14% 16.55% 8.45% 3.41% 1.95% 1.50%
C. Types of Child Labourers
a) Children working for pay or without pay in settings such as mines,

10
workshops, manufacturing plants, and service industries (including domestic work) is
known as child labor.
b) Children from the streets: This includes both permanently and
temporarily homeless children, as well as children who work as shoe shine boys, rag
consumers, newspaper vendors, beggars, etc. Unlike the issue of child labor in
factories and workshops, the situation of children living on the streets is distinct.
c) Children Under Lien: These are children whose parents have pledged
them for little amounts of money or who are trying to repay their fathers' inherited
obligations.
d) Children who work: Those children who help out around the house or in
the farm. If kids are expected to work alongside their parents for 12 to 14 hours a day,
their situation is similar to that of youngsters employed by other companies, which
means they are forgoing their education.
e) Minors exploited for sexual purposes: People of all socioeconomic
backgrounds utilize youngsters, girls and boys alike, to satisfy their sexual desires.
This constitutes the sexual exploitation of children for profit.
f) Children forced to migrate: These are the kids who, each year, are
uprooted from their homes and communities and compelled to travel great distances
in quest of work. Because of these migrations, many families are unable to continue
their education above the eighth grade, which means that future generations will be
unable to break the cycle. Most of the people who migrate are from Scheduled Castes,
Scheduled Tribes, or Other Backward Castes. People in this category have the fewest
resources, abilities, and levels of education; they are landless and land poor.
g) Household children: Children who have contracts or otherwise employed
for compensation as domestic servants, including children (particularly girls) who
work in their own homes to tend to younger siblings, prepare meals, clean, and do
other similar tasks.
D. Causes of Child Labour
Child labor is a problem in society and the economy. Inadequate legislative measures
and anti-constitutional policies are major contributors to the continuation of this
illegal societal disaster.
To put it simply, child labor is caused by:
a) Economic hardship;

11
b) Lack of education and training among parents;
c) The age-old practice of teaching children domestic skills;
d) The lack of a universally mandated primary education;
e) Difficulty gaining access to schools;
f) A curriculum that is both irrelevant and unappealing;
g) The surrounding social and cultural climate;
h) Employers' preference for using children as cheap laborers and their
incapacity to resist exploitation;
i) Household employment;
j) Technological advancements;
k) The lack of concern among trade unions; and
l) The ineffectiveness of laws prohibiting child labor.

E. Consequences of Child Labour

It is considered a serious schooling that there are a lot of children working as laborers.
Physical, mental, emotional, and emotional development do not get a chance to
flourish for them. When compared to adults, children's bodies tire out more rapidly,
so they aren't physically prepared to perform lengthy shifts in front of screens. The
children's health suffers as a result, and they are more susceptible to illness. The
situation is far worse for children who labor in dangerous environments. A child's
capacity for service to their personal well-being and the community they are in is
severely limited if they choose to work instead of attending school. This is because
they will remain uneducated. India is suffering from the long-term consequences of
child labor. Child labor's impact on kids' bodies, psychological, and emotional health
are far-reaching. It stops a kid from developing into their greatest potential. Because
they are the weakest link in society, they are easy prey for predators.135 The
following are some of the outcomes of using children as laborers:
a) Physical and Psychological Damage
b) Loss of basic and fundamental human rights
c) The kid's educational opportunities and future
d) Growth deficiency
e) Health and safety

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f) AIDS and other sexually transmitted diseases
g) Exhaustion and malnutrition

4.5.2 Child Abuse

Children, being innocent and defenseless beings, require our undivided attention and
nourishment as they develop into contributing members of society. Since kids are a
country's future leaders, it is imperative that they be shielded from harm and provided
with opportunity for holistic growth.A parent commits an implied offense if he or she
gives birth to a kid without adequate finances.
Despite hectic planning, welfare measures, legislative safeguards and administrative
actions, Lots of Indian kids are still going through a lot of pain and confusion.
Parental Ignorance, batter by the care taker and abuse/harassment by the employers in
the Work places are very common to them. Though, this problem is increasing, it is
yet to be recognized as a serious problem in India, because child abuse has not
become an issue of concern for our psychiatrists, psychologists, pediatricians,
lawyers, social scientists, public in general as well as the government. The urgency of
studying the problem scientifically and identify in the abuse and helping the families
where abuse occurs has yet to be realized.
Sexual, psychological, financial, and bodily abuse of a person under the age of
eighteen is known as child abuse, and it happens all over the world. Nonetheless, the
scope, size, and trajectory of the issue remain unknown in India, as mentioned above.
Children in India are more susceptible to new types of abuse due in large part to the
rising complexity of life and the tremendous changes caused by socioeconomic
transformations.

13
Figure-3: Child Abuse

A. Definition of Child Abuse

14
So far, the term "child abuse" has not been defined by a single body, because social
scientists, lawyers, physicians, social workers, police etc., all differ from each other
with regard to what constitutes child abuse. It also varies according to social class,
cultural and sub-cultural backgrounds.
Gardner and Gray state that when children sustain significant bodily harm that was
intentionally inflicted rather than occurring by chance, it is considered child abuse.
It is a clinical disorder associated with those who have been intentionally assaulted
physically, according to Kempe & Kempe.
Child abuse is defined as the infliction of non-accidental bodily harm on a child by his
or her parents or legal guardians in violation of community norms for the care and
protection of children (Parke and Collmer,).
Child abuse, according to Burgess, includes every instance in which a kid sustains
non-accidental physical or psychological harm as a consequence of the acts or
inactions of his parents, guardians, employers, etc.
When asked to define child abuse, Korbin Jill, 140 notes that it encompasses not just
physical but also psychological harm, as well as any form of neglect or mistreat
inflicted on a kid by an adult entrusted with the child's care.
Child abuse and maltreatment is defined by the World Health Organization (WHO) as
any type of neglect, whether physical, emotional, sexual, or otherwise, that causes or
threatens to cause harm to a child's health, development, dignity, or well-being within
within the framework of a power, trust, or responsibility relationship.

B. Magnitude of Problem Child Abuse in India

Research on child abuse has yielded a variety of data that can be categorized
according to the following:
a) Approximately 70% of children experience some form of physical abuse.
b) The majority of children abused are boys, and over half of those abused
are victims of physical abuse.
c) Physical abuse is more common among school-going children compared
to non-school-going youngsters. Physical punishment is used by 65% of school-aged
children, which means that 2/3 of children experience this form of corporal
punishment.
d) Of the 88.6 percent of victims who experienced abuse at the hands of

15
their parents, the perpetrators are most often members of the victim's own family.
e) Physical abuse is more common among mothers than fathers, but when
fathers do abuse, it is often more severe.
f) There are two types of physical aggression when it comes to children:
routine and non-routine. When children misbehave, their parents may resort to routing
beatings, which they feel their children deserve. Other forms of violence against
children include acts of aggression motivated by anger, jealousy, sex, power, or
victim-precipitated aggression. The majority of the kids keep quiet about it.
g) Sexual abuse affects a disproportionate number of girls, who typically
become victims in their adolescent years.
h) Half of the perpetrators of child abuse are either someone the kid knows
or persons entrusted with important tasks and duties.
i) The vast majority of kids keep quiet about it.
j) Emotional abuse is reported by every second child.
k) Emotional abuse is reported by an equal number of girls and boys,
although there are statistics that suggest boys experience it more frequently than girls.
l) Emotional abuse and neglect affect children alike, regardless of whether
they work or not.
m) Parental abuse occurs in 83 percent of instances. Some parents'
emotional traits include low self-esteem, feelings of isolation, and an inability to
empathize; their behavioral traits include aggression, irritability, and domineering
behavior; and their emotional traits include being fickle-minded, inflexible, and less
tolerant.

C. Types and Indicators of Child Abuse

Child abuse is usually classified into three categories:
a) Physical abuse,
b) Sexual abuse, and
c) Emotional abuse

16
 Figure-4: Percentage (%) Child Abuse
a) Physical Abuse
When a kid's caretakers intentionally inflict any kind of physical harm on the child,
whether minor or fatal, this is known as physical abuse.142 According to David
Gill,143In this context, "non-accidental" means that the actions of those responsible for
physically harming a kid were intentional. 'Physical attack' as used in the definition is
because physically abusive behavior does not always result in clearly, observable
physical injury, and the term 'Care taker' may include a parent, elder brother or sister,
a relative, teacher or Someone else not being the relative of the child, is at least
temporarily taking care of the Child.
Burns, beatings, branding, punches, and so on are all examples of physical injuries
that could occur, according to Sloan Irving144. When it comes to children of school
age, the following physical signs of physical abuse stand out:
 Bruises-on the face, legs, hands, stomach, back, and thighs. They may be
of different colors and in different stages of healing. They may be in clusters or
reflective of the article used to inflict them.
 Burns-cigarette, beedi, charcoal burns on feet, hands, palms, neck, face,
back and legs. When the butts are dry, the tool that was used to inflict them may be
readily seen.
 Fractures-of bones, nose, and facial structure. They may be multiple or
spiral and in a variety of recovery phases. They may even be in the forms of swollen
or tender limbs.
 Cuts and scrapes—to the face, lips, gums, or eyes. The undersides of the
limbs could be where you find them.
 Injuries to the abdomen, characterized by persistent vomiting or
abdominal edema.
 Bite marks left by humans.145

b) Sexual Abuse
Engaging a minor in sexual activity without his or her full understanding, consent, or
readiness (emotionally, psychologically, or physically) constitutes sexual abuse.
Anyone with more developmental maturity than the victim can perpetrate abuse. A

17
one who is entrusted with the care of a kid—whether it a parent, babysitter, or day
care provider—must do these acts for them to be deemed child abuse. Sexual abuse
encompasses:
a) Sexually abusing a minor, including rape and sodomy;
b) Physically touching or fondling a minor;
c) Forcing a minor to reveal his or her private parts;
d) Taking a photo of a minor in their undies;
e) Forcibly kissing a minor;
f) Making sexual advances towards a minor while traveling;
g) Making sexual advances towards a minor during marriage situations; and
h) Exposing a minor to explicit content.

However, sexual abuse might also manifest in more obvious ways. The ones that
follow are:
(a) Difficulty in walking or sitting,
(b) Torn,
(c) Stained or bloody underclothes,
(d) Complaints of pain or itching,
(e) Bruises or bleeding,
(f) Venereal disease, and
(g) Pregnancy in early adolescence146 etc

c) Emotional Abuse
Neglect, which might include ignoring a child's material, psychological, ethical, or
social needs, is a hard concept to pin down precisely, but it is a kind of emotional
abuse. Physical neglect is defined by Kratcoski and Kratcoski as the inadequacy in
providing access to food, clothes, shelter, healthcare, supervision, and safety from
physical harm. 'Emotional neglect' encompasses both the absence of outward displays
of romantic affection and the intentional removing of contact and approval; ‘moral
neglect' refers to exposure to situations that display a pattern of moral behavior that
differs from societal norms, such as alcoholism, indecency, or illicit sex relations.
"Social neglect" refers to the absence of parental guidance and care for a child. 147
Careless conduct toward a child under the age specified by society (in India, it is

18
sixteen for boys and eighteen for girls) in circumstances that suggest a threat to the
child's physical or mental health, when perpetrated by an adult entrusted with the
child's upbringing, education, and welfare.

Physical Abuse

Sexual Abuse

Emotional Abuse

19
 Fig.5 Types of child Abuse

D. Causes of Child Abuse

Child abuse can stem from a number of different places. The major causes of physical
abuse are acute stress (situational stress), psychosocial dysfunction of family
interactions, and the psychopathology of the individuals who perpetrate the abuse.
The situational stresses further brought out four primary reasons of a child’s physical
abuse, i.e.
a) Marriage relationships
b) Parent-child relationships,
c) Stresses caused by structures, and
d) Stresses caused by children.
Child abuse has several causes, including the abuser's personality, but the most
important ones are the abuser's home life and the stress that exists within it. However,
the underlying causes of child sexual abuse include the abuser's own mental illnesses,
victim's traits, family disorganization, and the abuser's own adjustment issues. When
young girls are alone, they are more likely to be approached by predators.
Similarly, there are four main reasons why people experience emotional abuse. These
include:
a) Economic hardship;
b) "inadequate" parental supervision and strained relationships within the
family;
c) Past experiences of abuse or neglect by parents or the passing of such trauma

20
on to their children; and
d) Parental alcoholism.

E. Effects of Abuse on Children

In their discussion of the aftereffects of childhood abuse, Bolton and Bolton149 listed
eight potential outcomes for victims: diminished self-worth, dependence, distrust,
social disengagement, revictimization, emotional trauma, antisocial behavior, and
interpersonal issues. In a similar vein, research by Kewal Ramani on the topic of child
abuse identifies five key ways in which abuse impacts victims. Issues with self-
esteem, dependency, antisocial behavior, interpersonal conflicts, and re-victimization
fall into this category. An abused child's optimism will always be [Link]-esteem is
also called as 'self devaluation150 low self-esteem',151 'poor self-concept',152 poor self-
image'153etc.
Sexual abuse, like physical abuse, can manifest itself behaviorally. When a child has
been sexually molested, they may act out in strange ways, have trouble interacting
with their peers, engage in delinquent conduct, run away, or seem emotionally distant
or retarded.154The majority of sexual abuse instances involving children go
unreported, and even when the victims or their parents know who committed the
crime, they often do not come forward with any information.

4.5.3 Child Prostitution

Societies in which women are forced to sell their bodies for subsistence exhibit the
most rudimentary kind of prostitution. Prostitution has been around for as long as
there have been human societies. It is also referred to in Vedas, Puranas, Mahabharata
and Ramayna. It has seeped into the very fabric of society, with far-reaching effects
because of it being the oldest profession in the world. Prostitution was in vogue in
Hindu period and continued through the Muslim period also. It was very prominent
during the Mughal period. Though British were not in favor of prostitution, but they
did nothing to abolish it.
Child prostitution is concerned forms an integral and dominant part of prostitution and
is of a recent origin. The most heinous kind of child maltreatment, known as child
prostitution, has grown into a multimillion dollar industry where children are bought,
sold, and exchanged like any other mass-produced product. Since it is harmful to the

21
kid on many levels (socially, physically, and psychologically) and because it denies
the child the chance to live a normal life, child prostitution is seen as a factor in the
alienation of future generations. The situation is discouraging, and the number of
juvenile prostitutes is rising fast in India, all because of this understanding and the
numerous restrictive policies and regulation on prostitution.
Prostitution is a major contributor to the expansion of human trafficking, sometimes
known as modern-day slavery, in addition to being intrinsically destructive and
degrading to children and women. The promise of employment in other countries is a
powerful magnet for women and girls around the world. After that, they are coerced
into becoming prostitutes. When a person is enticed, housed, transported, provided
for, or acquired with the intent as part of a commercial sex act, and the commission of
that act is prompted by fraud, coercion, or force, or when the individual compelled to
execute the act is a minor.

22
Figure-6: Child Prostitution
A. Definition of Prostitution
An individual who gives sexual favors to anyone for money is called a prostitute,
according to Alfred Kinsey. A prostitute is someone who accepts payment in
exchange for having sexual relations with certain clients. 156The Sexual Exploitation
and Abuse of Individuals for Financial Gain is Defined as Such by the Immoral
Traffic Prevention Act of 1986.
From the above definitions it may be inferred that, prostitution is an involvement in
promiscuous sexual relationship by a female/male or with male/female on payment,
cash or kind. The Contact with the customer can bemomentary involving a single
sexual act or frequent or prolonged indefinite association.
Prostitution, thus has the following essential features:
 the concept of hire for full time/part time/single occasion;
 cash/kind benefit derived directly/indirectly by the prostitute for sexual
relations;
 non-emotional involvement on the part of the prostitute in relations;
 promiscuity, meaning thereby, sexual Contact not only with numerous
people, but also with strangers; and
 Secrecy in the functioning as a prostitute because of its stigmatization and
effective functioning as prostitutes.159
B. Magnitude of the Problem

23
There has been a remarkable increase in child prostitution. Despite stringent laws and
constitutional provisions against kidnapping, abduction, and prostitution more and
more innocent girls are being forced into flesh trade. Child prostitution, and
specifically girl child prostitution, which is an integral part of phenomena of
prostitution, need special attention because of greater vulnerability, exploitation and
deprivation than the adult female prostitutes,
No precise information is available in India regarding the exact figure of child
prostitutes. This is because of constant induction and withdrawal of girls from
prostitution in addition to the absence of definite machinery and resources to collect
their census information.160
According to different sources, at least twenty five thousand In India's biggest cities,
children are forced into prostitution; at least fifty thousand girl children are forced in
to prostitution every year and five lakh girl children beloweighteen years of age are
victims of immoral trafficking.161 Considering this and other information, it can be
said that the number of girl prostitutes in the country, will not be less than a few
lakhs, whereas, UNICEF and other sources put this figure at around three to five
lakhs. Children's Advocates Groups asserts that there are about four lakh child
prostitutes in India and most of them are girls Linder sixteen years of age.162
The Indian government established the Central Advisory Committee a few years ago
to try and gauge the scope of the child prostitution crisis. Andhra Pradesh, Karnataka,
Tamil Nadu, West Bengal, Maharashtra, and Uttar Pradesh are believed to be the
origins of 86 percent of the prostitutes in India's major cities.163 Of them, Hindus
were 84.36 percent, Of the total population, 10.76% were Muslims and 3.5% were
Christians; 10.6% were married, 34.4% were single, and the remaining individuals
were either widows, separated, or divorced.
C. Types of Child Prostitutes
In India, there are various types of child prostitutes as follows
a) Common Girl Prostitutes: The majority of the child prostitutes fall under
this category. They mostly work on regular and full time basis.
b) Prostitutes in Brothels: This category includes the prostitutes, both major
and minor girls, who are virtually confined to the small cubicles/rooms in the
brothels. All their earnings go the brothel-keepers till that time the brothel- keeper`s
investment made in procuring them has been recovered, most of these prostitutes are

24
compelled to engage in prostitution as a result of being lured in by traffickers,
sometimes even by relatives. Here, they have to attend a number of customers a day.
c) Singing and Dancing Girls: It is the next category of girl child prostitutes.
They basically work secretly under the garb of singing and dancing on semi- regular
basis besides providing sexual services. Like the first category, they also have to share
their income with persons through whom they operate.
d) Concubines/Semi-Attached Prostitutes: This system is otherwise known
as kept or 'Rakhel' system. Under this system, the girls at a younger age start their
mission, which involves semi-permanent and long-durational relationship with a man,
often from powerful and rich family and girls drawn from scheduled castes/scheduled
vibes or backward cashless, where in the male person meets all the expenditure of the
girl for sexual relation.
e) Call Girls: It is comparatively a recent phenomenon and mainly practised
in the cities of India. Most of the call girls are adult females and a few young girls
who are in the profession are, barring a few exceptions, mainly students 165 and belong
to upper and middle class families who take it as a fun, time pass and side income.
f) Religious Prostitutes: The terms 'Devadasi', ’Basavi', ‘jogin’, etc. are
commonly used for these types of prostitutes. This is the prostitution practiced behind
the veil of religion in the temples which is an ancient phenomenon. 'Devadasi', which
literally means servant of God, is a system which denotes a class of girls who gave
themselves to a life of religious service and austerity.
g) Casual Prostitutes: They basically operate on road sides of national and
state highways, and usually serve the truck and lorry drivers and fun seekers in
various dhabas or in some other places. They operate on temporary and causal basis
due to poor socio-economic conditions.
D Causes of Child Prostitution: It is easy to attract girls from the middle class to
work as prostitutes, and many of these women engage in this activity with the help of
their parents or husbands so that they can afford the high costs of living, according to
a report by the Government of India's Committee on the Status of Women. Depiction
of wealth.

a) Socio-Cultural Factors
This encompasses aspects that are intrinsically related to the cultural, social, and

25
familial lives of children who are forced or willingly forced into prostitution. These
could be caused by-
 broken family leading to neglect of child;
 ill treatment by the family members;
 family members' involvement in prostitution which induces the girls of
the family in to prostitution;
 pressure from parents/ guardians/ husbands for easy money;
 failure to get married in clue time;
 early marriage and desertion treatment by husband and in-law’s family
which sometimes even lead to sale of girls;
 ignorance and illiteracy of the parents/guardians, including the child
himself/herself;
 traditional acceptance of the profession;
 socio-religious and cultural customs;
 lack of sex education; and
 attraction for a better life etc,

(b) Economic Factors: It includes-

 poverty;
 unemployment;
 economic distress and displacement; and
 Desire to earn quick money etc.
(c) Psychological Factors
This reflects the attitude of the girls towards life which sometimes induce them to
enter into prostitution voluntarily, which includes-
 desire for physical pleasure and fun;
 increasing craze for money;
 desire to benefit by providing sexual favor in terms of job, etc.; and
 Family’s dependence on the easy income of their daughter.
(d) Other Legal and Administrative Factors
A set of other factors are included under this head due to which a Child becomes
induced to the profession of prostitution. These factors may be-
 kidnapping and abduction for flesh trade;

26
 promotion of tourism;
 Apathetic attitude of police and administration etc.
These are some of the fundamental reasons for the continuance of child prostitution in
the society. Its influence in our culture is comparable to that of traditional crimes
which poses a continuous challenge to the executives, judiciary, legislators and the
social reformers interested in curbing this menace.
E. Consequences of Child Prostitutes
The life of child prostitutes is very pathetic and painful in deed. Except religious
festival, physical indisposition and reasons beyond their control, they have to work
throughout the year against their will. Physical and verbal abuse is very common for
them. Prostitution has also many adverse impacts on the health of the children, among
which physical weakness and diseases like Skin infections, tuberculosis, anemia and
AIDS are very common. Even, they have often psychosomatic disorders like pain in
abdomen, head-aches, loss of appetite, insomnia, hallucinations etc. Most of the child
prostitutes numb their pains by taking drugs and alcohols from their early age and
become habituated. Various types of uterine infections and vaginal injuries are also
very common for them. Emotionally and psychologically, they experience a lack of
security, loss, worry, shame, rejection, anxiety, sadness, frustration, and a host of
other negative emotions are some of the examples of their mental disturbances. Child
prostitutes are always normally exploited, suppressed and denied of their normal
childhood and a decent human life. Thus, prostitution affects the child prostitutes
physically mentally and socially, in addition to depriving them of their childhood.
4.5.4 Child Trafficking
The issue of child trafficking has recently gained significant attention in India, in spite
of various plans, actions, legislative enactments etc. Unfortunately, India is one of the
leading participants in this horrendous crime mushrooming in different corners of the
society. Especially concerning is the fact that the trade in females and young girls has
grown to unprecedented levels.
Human trafficking, especially that involving children and women, since the meat
trade has recently become one of the world's most lucrative industries. Following in
the footsteps of the drug and weapon trades as one of the most rapidly expanding
illegal industries, it is overseen by criminal syndicates. More than one million
youngsters are sucked into local and international sex industries every year, and seven

27
million people, primarily girls and women, are trafficked annually around the globe.
Child sexual exploitation for profit is a major breach of children's rights because it
involves not just sexual abuse but also but also that there may be remuneration in cash
or kind, and the kid is seen as both a sexual object and a commodity for sale.

28
Figure-7: Child Trafficking
A. Meaning and Definition of Child Trafficking
In this context, "trafficking" can mean many different things, including but not limited
to forced domestic work, forgeries, hidden employment opportunities, and false
acceptance. Victims of this crime often include girls and women, as well as those
from establishing nations and countries experiencing economic transition. Employers,
drug dealers, and crime syndicates benefit from these exploitative situations.169
The New Draft Standard Minimum Rules for the Surgery of Trafficked Persons define
trafficking as the employment and transit of individuals between or across borders for
purposes of enslavement or forced labor in domestic, industrial, or industrial sexual
slavery sectors, business servile marriage, or other forms of coercion and exploitation.
It can involve physical violence, threats of physical violence, abuse of power in
relationships, or deceit.
Put Basically, immoral trafficking is when people are enlisted, transferred, harbored,
or received through different kinds of pressure, like threats, force, fraud, deceit, abuse
of power, vulnerability, or the trade of monies or benefits to acquire control over
another person for bad purposes. Prostitution and more types of sexual exploitation
forms of exploitation.170 Victims of trafficking, who are often considered "children"

29
under the age of 18, do not need to provide their agreement for the practice to take
place.
B. Magnitude of The Problem
Throughout history, the heinous crime of child trafficking has persisted. The
relatively new practices of sex tourism, paedophilia, and the sex entertainment sector
are speeding it up. The problem of human trafficking involving minors, particularly in
Asian countries, has grown to a disturbing level. Border trafficking takes a toll on
many of them. From brothels to street solicitation, prolife corruption was a reality in
this economy. The majority of the young girl’svictims of human trafficking work in
the black market at establishments such as massage parlours, brothels, dance halls,
clubs, blue film booths, and more.171, where the traffickers and others provide
protection money in exchange for free sexual relations with women.
At least 25,000 children are prostituting in India's biggest cities, with the majority of
them being trafficked, according to a 1991 report from the government. According to
another set of numbers, at least 50,000 young girls are coerced into becoming
prostitutes annually. According to some reports, 5,00,000 girls under the age of 18 are
victims of human trafficking.
It is estimated that there are 2,50,000 Nepali women and children in Indian brothels
who were kidnapped and lured by traffickers and an estimated 3 400 women and
children are brought to India from Bangladesh each month for prostitution and
onwards sold to Pakistan and West Asia.
The majority of the girls and women smuggled into India are cheated and deceived by
the traffickers using different tricks, false attraction and fraud marriages etc. Once
they are trafficked and engaged in different immoral purposes, Physical assault,
Physical and mental torture, rape, sexual abuse, bodily injuries, forced abortions,
forced use of drugs and drinks, various venereal diseases etc. becomevery common in
their lives. Many of them accept this life, many try to escape and some of them have
to suicide. A few one rescued, but are rejected by this world.
Additional types of children include those that have gone missing, those who live on
the streets, those who have been abandoned or neglected, and so on. who are often
trafficked and sold to the brothels and other agents for different immoral purposes.
C. Purpose of Child Trafficking
The most heinous kind of child maltreatment is child trafficking. From the above said

30
definitions it is quite clear that child trafficking is done for several purposes, It may be
for:
a) Sexual exploitation, in which children are commercially used for the
forced as well as pornography, sex tourism, and kinds of prostitution that are socially
and religiously sanctioned paedophilia, massage parlours etc.; or
b) Illegal pursuits, where they are most commonly utilized for begging,
trafficking drugs, smuggling, and the sale in human organs, false marriage, illegal
adoption etc.; or
c) Labour industry174 in which they are mainly engaged, as they are cheaper
and sincere workers than adult ones. They are also utilized in domestic works as
domestic servants; or
d) Entertainment industry, like: circus, dance troup, beer bar, camel jokey
etc.

Figure-8: Sector of Trafficking

D. Causes for Child Trafficking

 Poverty
 Foeticide/Infanticide
 War
 Unemployment
 Homeless
 Child Marriage

31
 Natural Disasters (flood, cyclones etc.)
 Domestic Violence
 Lure of job/marriage with false promise
 Domestic Servitude
 Migration
 Hope for jobs
 Sex Tourism
 Internet Pornography

4.5.5 Female Foeticide and Infanticide

From a "liberty" perspective, Indian society has been seen as "conservative." granted
to women and a ‘male dominating society in the terms of’ statuses granted to women.
In this 21st Century, at a time when enlightened feminism is gaining traction around
the globe, atrocities against women in India have persisted and even increased. The
situation has become so worse that Discrimination based on gender starts long before
a person is born. An apt example of this reality is female foeticide and female
infanticide, for which India is the only country on this planet where there are more
women than males has been dwelling over the years. The reason behind this ratio is
obviously the misuse of diagnostic procedures and tests which had added one more
crime to the long list of crimes against women, and particularly against the girl child.
Pre-natal diagnostic determination with an intention of preventing female births is
therefore viewed in the context of human rights violations, particularly those
involving women.

32
Figure-9: Female Foeticide and Infanticide
A. Meaning of Foeticide and InfanticideFoeticide
Generally, 'foeticide' means murder of unborn child, abortion or 'bhruna hatya' etc. In
other words, it means murder of foetus or more elaborately ending the life span of the
foetus. In medical terms, "foeticide" refers to the deliberate ending of a pregnancy

33
before the fetus has developed to the point where it can survive outside the mother's
body. It is defined as "the expulsion or extraction of all or part of the placenta or
membranes, without an identifiable foetus, alive or dead, weighing less than 500
grams." If the weight is unknown, a gestational age of less than twenty weeks (130
days or less), measured from the first day of the last menstrual period, can be
used.175 The term "fetal death" describes the process of removing a developing
embryo from the body before it is ready to survive outside the uterus.

Female Infanticide
It is not a new phenomenon in this country that women experience the terrible drama
of female infanticide, which includes the murder of newly born female babies and
abortion of female foetuses. Few instances of female infanticide are reported to the
authorities because this crime is typically perpetrated during or shortly after the child
is born. For this reason, it is very difficult to prosecute and convict anybody. However
female infanticide has been prevented among upper caste (especially Rajputs) groups
in Northern and North-Western India.
An effort has been made for the first time in 1860 through the Special Act to check
the practice of female infanticide in India. It suggested inter alia for the creation of an
enlarged police force, surveillance by the community, through the Census. The Indian
Penal Code, 1860 under sections 299 and 300 treats female infanticide as a culpable
homicide, it also provides punishment for the acts done before birth in a way that
could result in death and also the acts arising of abandoning or exposing the child
with an aim to cause physical risk to the child.
Infanticide is a term used to denote the unlawful destruction of a new born child and
The Indian Penal Code of 1860, Section 302, specifies that this is punishable by
death. Indian law treats the murder of a child the same as the murder of any other
person; the same rules that apply to homicide also apply to infanticide.

B. Magnitude of Problem
Out of 12 million female births, 3 million do not reach the age of fifteen, according to
the Indian government's first periodic report submitted to the UN Committee on the
Rights of the Child in 2001. Gender bias is directly responsible for about sixty female
fatalities annually, with one-third of those occurring in the first year of life. The

34
United Nations estimates that 750,000 girls are aborted annually in India. Most
notably in the states of Punjab and Haryana, the abortion rate is on the rise in over
80% of India's states.
There may be as many as fifty million females missing from India's population due to
institutionalized gender discrimination, according to the United Nations Children's
Fund (UNICEF). Around 105 females for every 100 men are born in the majority of
countries around the globe. However, across all age categories in India, the male
population outnumbers the female population in nearly all of the states 176.177 There
are 927 girls for every 1000 boys in the United States as per the 2001 census. Since
the census of 1991, this has been falling. In 1991, there were 945 girls for every 1000
boys. By 2001, that number had dropped to 927.
According to the census of 1991 and 2001, in Punjab, the child sex ratio declined
from 875 to 793, in Haryana from 879 to 820, in Himachal Pradesh from 951 to 897,
in Gujarat from 928 to 878, in Chandigarh from 899 to 845 and in Delhi from 915 to
865.
Findings from the National Crime Record Bureau (NCRB) the crime of foeticide
arose from 61 in 1999 to 86 in 2004 and the crime of infanticide arose from 87 in
1999 to 102 in 2004.

C. Causes of Female Foeticide and Infanticide

A great variety of religious, social, cultural, economic, and political behaviors
contribute to the underlying reasons of infanticide and foeticide, which are forms of
prejudice against females. They comprise
a) Poverty
b) Social Security
c) Evil of Dowry
d) Financial dependence of females on husband or in laws
e) Cultural factors: -A Hindu tradition known as "Vanshodharak" calls for a
male kid to carry out the death rites and continue efforts to end female foeticide.
f) Illiteracy

35
Figure–10: Effects of Female Foeticide and Infanticide
D. Consequences of Female Foeticide and Infanticide
It is impossible to examine female foeticide in a vacuum. Gender discrimination and
crimes against women must be considered in a broader context. It has several negative
consequences for society as a whole because it is a crime against society. The
following is a high-level overview:
a) Because it is a method of selective reproduction, it will eventually lead to
a drastically reduced female population relative to the male population, which will
considerably disrupt the demographic balance of the community.
b) Moral standards will fall and society as a whole will deteriorate, leading
to more societal evil and crimes committed against women, such as rape, exploitation,
kidnapping, and so on.
c) The resurgence of the institution of "polyandry" due to the lower sex
ratio would cause friction within families and, subsequently, society as a whole, as
fewer marriageable women will be available.
d) A low female sex ratio promotes sexual famine in males and facilitates
the growth of the prostitution and immoral trafficking industries.
e) Serious issues like the spread of AIDS and other venereal diseases will be

36
exacerbated by an increase in prostitution.
f) Women will be unable to leave the house due to the rise in crimes against
them; as a result, they would be denied access to economic independence, improved
education, and job prospects.
g) A black market in the healthcare and service industries will develop if
female foeticide is practiced continuously.

4.5.6 Child Marriage

Marriage is a necessity of life. It is an intensely personal matter, where interference of
the State is unsolicited/unwelcomed. It involves a good moral, social order, but where
the unhealthy custom or practice of a society violates the sacredness of individual and
offends good social order, it is inevitable to curb this practice. 'Child marriage, which
obviously refers to marriage between children, is one such practice. Even before the
body being fully developed or having an understanding of the actual connotations of
marriage, a girl is married and is sent to the bridegrooms meanwhile, if any mishap
takes place the entire life of the girl is doomed and she is treated by the society as
unable. This practice is clearly nothing but the depredation of human life.
Indian Society is highly complex and has developed with the integration of several
religions, castes, classes, tribal and ethnic groups having different theology and social
organizations, In India, till today, the various communities are ‘governed by their own
personal laws. Their custom demands it to be practiced. They are not in a position to
accept the ill consequences of such practices, as in the case of child marriage, nobody
is serious about the ill effect of such marriage which not only affects the health and
education of girls, but also make them suffer throughout their lives because of child
bearing at an early age. Moreover, in many cases, even the tender-age girls are made
to suffer as widows throughout their live. This practice is more prevalent in Rajasthan
followed by certain communities in rural and tribal areas of Uttar Pradesh (UP),
Madhya Pradesh (MP), West Bengal, Orissa, Bihar, Andhra Pradesh (AP), Gujarat
etc.

37
Figure-11: Child Marriage
A. Meaning of Child Marriage
"Child Marriage" refers to unions between individuals who are less than 18 years old.
Marriage between minors, whether to adults or other minors, is a practice that certain
countries' legal systems recognize as acceptable. Having children outside of wedlock,
however, has become a huge social problem with related problems like sexual abuse
and violations of children's rights.
Consequently, marriage at a young age violates the human rights of the kid and is an
abuse of children. The child's health and wellbeing are severely compromised. The
denial of growing up, personal freedom and the potential to develop an entire
understanding of self, psychosocial and emotional well-being, female reproductive
health, and possibilities for schooling are all undermined by this. Destruction to the
physical, mental, psychological, and behavioral growth of girls is the worst and
cannot be repaired.

B. Magnitude of Problem
Though it's common across India, the states of Rajasthan, Bihar, Uttar Pradesh (UP),
Chattisgarh, and Madhya Pradesh (MP) have the greatest rates of child marriage. The
Akha Teej is a time when many young children in Rajasthan are wed at once.
Rajasthan has the highest percentage between married females in the country in the
age bracket of 10 to 14, pursuant to the 1991 census. Uttar Pradesh came in at 7.1%,
while Madhya Pradesh came in at 8.5%. The national average for married women

38
under the age of 18 was 53.3%.
The years that followed saw little improvement. A research conducted from 1998 to
1999 on women aged 15–19 indicated that 33.8% of them were married or in a
committed relationship at the time. Nearly 300,000 females under the age of 15 have
given birth to a child, according to the 2001 census. Fullturn It was revealed that the
rate of child marriage is significantly higher among females. In 2005 and 2006,
researchers in 29 states used the National Family Health Survey (NFHS-3) to confirm
that 45 percent of women in their twenties and thirties were married before they
turned 18. This number surpassed 50% in eight states and was substantially greater in
rural areas (58.5% vs. 27.9% in urban areas). The Hindustan Times stated in 2006
that, found by the International Centre for Research on Women, 57% of Indian girls
are wed before the age of 18.182 A UNICEF survey found that 40% of child
marriages occur in India, which leads to a domino effect of gender inequality, lack of
education, and high rates of maternal and newborn death.

C. Causes for Child Marriage

Child Marriages is a social evil in India. There are various reasons for child marriage
include:
a) Illiteracy and lack of education
b) The oppression and subjugation of women due to their gender.
c) Lack of will and action are part of the administration.
d) Tradition, culture and values based on patriarchal norms.184
e) Lacunae and shortcomings in the existing laws.
f) Protection for the girls against unwanted masculine attention.
g) Practical considerations and financial incentives, such as the requirement
to pay a larger dowry to daughters who tie the knot later in life.
h) Providing the girl with social and economic stability for her future.
i) The institution of marriage is used by some communities and societies to
strengthen economic and interpersonal relationships within and between various
communities.

D. Consequences of Child Marriage

Child marriage is deep rooted in historical, religious, social and economic factors.

39
Low age of marriage is part of a vicious circle of high fertility, high infant mortality
and low acceptance of family norm. Early marriages often result in inadequate
socialization, disruption and eventual discontinuation of education, especially of girls,
; mental and psychological damage to girls owing to early and frequent pregnancies
and forced widowhood. Sociologists argue that early marriage is a component of a
larger pattern of female isolation through which women are subjugated to males and
denied equal access to social and material resources, which erodes their capacity for
independent thought, questioning, and action. At the same time, it is also a fact that
the girl brides generally remain under nourished and cannot grow up to their full
potential. The poor physical condition makes them and their off springs vulnerable to
infectious diseases. Maternity death and infant mortality thus becomes inevitable.
Even in some cases the unequal matching ruins the home and shatters the family life.

4.5.7 Child Pornography

Whenever a criminal makes use of a computer, mobile device, or network, they are
committing a cybercrime. Either criminal activity took place on the computer or it
was the intended victim. Cybercrime is an activity done using computers and internet.
Pornography is the most controversial topic to have arisen in relation to the internet in
recent years. The prevalence of child pornography, especially on the internet, has
recently emerged as a major societal issue. Sexual predators target youngsters all
around the world through the Internet. More children will use the internet if more
houses have access to it, which means more children will be vulnerable to the violent
predators that prey on children online. Media created with the express purpose of
arousing sexual desire. Media intended to arouse sexual desire, including but not
limited to articles, photos, and videos. A new section 67B of the Information
Technology (Amendment) Act, 2008 makes it a crime and specifies punishments for
things like online child abuse and the digital portrayal of minors engaging in sexually
explicit actions.

40
Figure-12: Child Pornography
A. Meaning of Child Pornography
The transfer of child pornography, cyberstalking, and harassment of any person by
electronic means are all examples of cybercrimes. To this day, one of the most
significant forms of cybercrime is the uploading, sharing, and distribution of
pornographic, indecent, or child-oriented web content. Weaknesses in human defense
against such a crime are practically incalculable.
From the printing press and early photography to cinema and video, and now the
internet, child pornography is taking advantage of children through the medium of the
internet. The term "child pornography" is used to describe any kind of depiction of
children participating in explicit sexual behaviors, whether it is through written text,
visuals, audio, or any combination of these media.
All visual representations of sexual misconduct, whether created by electronic, related
to machinery, or other means, involving photographs, films, videos, pictures, or
computer-generated images or pictures, are considered child pornography if (a) a
minor is used in the production of these representations; or (b) the image in question
is a computer-generated image, digital image, or picture of a minor participating in

41
sexually explicit behavior; or (c) the image has been altered, manipulated, or created
in such a way that it appears like an apparent minor is participating in such behavior.

B. How Child Pornographers Works?

a. A few thousand photographs of child pornography are in someone's
collection.
b. He enjoys sharing them.
c. Getting a proxy that hides his identity and where he is located and
creating a new email account with a fake name are also simple tasks that he can
accomplish, just like in a developing country.
d. He uses these stolen credentials to create an account on a public server
that is quite legitimate and uses it to host his home page.
e. In the past, spotting a website that unexpectedly acquired thousands of
views in a matter of hours was the surest approach to uncover child pornographers'
activities.

C. Causes of Child Pornographers

a) Selfishness
b) Loneliness
c) Male insecurity
d) Poor body image
e) Marital conflicts
f) Excessive Pressures
g) Weak Spiritual Life
h) Sexual Utilitarian Philosophy
i) Accessibility
j) Mistrust of Women/ Men
k) Lack of a Sense of Fulfilment
l) Lack of Sexual Confidence
Production, advertising, sale, and exhibition are all outright forbidden by criminal
legislation in the majority of states or distribution of photographs or videos of
children engaged in any sexual activity.
4.5.8 Child Rape

42
A. General
Childhood is the stage of human development therefore, child has been described as
the 'future of mankind' and hope of human civilization, child is not Crimes against
women and children and their exploitation has multiplied many folds in recent years
in spite of dozens of laws to protect and safe-guard their interests. A variety of sexual
offenses have recently seen a dramatic increase in India, and particularly, the child
rape, because of social stigma and shame attached to the victims, rape remains one of
the most misunderstood and under-reported crimes. A type of statutory rape is the
sexual assault of a person who is not of legal consenting age. One rape case occurs in
India every twenty-nine minutes, according to figures from the National Crime
Record Bureau (NCRB). In 2012, there were 24923 reported rape cases across India,
according to the NCRB Report 2013 annual report. Nearly one-third of rape victims in
India are under the age of eighteen. Every kid has an inherent need for love and
safety, as stated in the 1959 UN Declaration on the Rights of the kid. The 1989 United
Nations Convention on the Rights of the Child further recognized the necessity of
providing children with designated protection. Both the 1979 Convention on the
Elimination of All Forms of Discrimination Against Women and the 1979 UN
Conventions on the Rights of the Child make it clear that gender is not an acceptable
basis for discrimination. In order for a child to reach his or her full potential, it is
essential that he or she be nurtured and given the attention they need, just like a
flower. Affection, moral and monetary stability, and the ability to love and be loved
are fundamental human rights for all children.

43
Figure-13: Child Rape

B. Category of Child Rape

There are primarily two ways to classify rape as a crime: 186 viz.
 "Acquaintance rape," in which the perpetrator and victim are at least
somewhat acquainted;
 "Real rape," in which both parties are complete strangers to one another.
Most of the child rapes committed in India are of the second category, because,
majority of the rapists as well as victims come from socio-economically depressed
segments of society living in slums and in most of the cases culprits are known to the
children. The victims of child rape also include girls below sixteen years of age who
have been raped by their fathers.187 Such kind of rape has not so far received adequate
attention and because of silence, born of fear and shame, this kind of child abuse can
go on for years without any punishment and without any relief to the child. However,
to tackle this problem, Indian Penal Code, 1860 has provided under a distinct category
for "sexual offenses, which encompasses Section 375 and 376, and deals with rape
and punishment for rape respectively.

C. Theories about rape

a) Rapist psychopathology: A disease model

44
 Men who commit rape because they are drunk, mentally sick, or
unable to manage their sexual desires
 Men commit rape due to illness or alcoholism.
b) Victim precipitation theory: Blaming the victim
 This line of thought contributes to the victim's guilt
 Rape victims expose themselves more easily through their clothing and
actions
 This view is more commonly held by males than women
c) Feminist theory: keeping women in their place

 Rape functions as a mechanism of social control in patriarchal

societies,
 Rape and the fear of rape enable men to assert their power over
women and maintain the existing system of gender stratification,
 Rape is more likely to occur in societies where women are
regarded as the sexual and reproductive possession of men.
d) Sociological theory: Balance of power
 Issues of power and sexuality are at the heart of rape,
 which serves as a social representation of power imbalances.
 When men feel helpless, they resort to raping women as a means of
asserting their masculinity and regaining control of the world.

D. Reasons of Rape
a) Cinema
b) Alcohol
c) Drugs
d) Sexual Workers
e) Sexual Education
f) New Dressing Trends
g) Unemployment
h) More Money
i) Careless Parents
j) Punishment

45
E. Effects of Rape
a) Gynaecological disorders
b) Reproductive disorders
c) Sexual disorders
d) Infertility
e) Pregnancy Complications
f) Depression
g) Psychosomatic disorders
4.5.9 Kidnapping and Abduction
Recent years have been a worldwide push to end all forms of child abuse and neglect
indicates the enormity as well as the seriousness of the atrocities committed against
the children that are being witnessed the world over is an indication of this fact. But
changes in life style, Crimes committed against women and children have increased
due to factors such as declining living standards, economic inequality caused by
urbanization, shifts in social ethos, and a general disregard for moral principles. As a
result, the statistics shows that, the percentage of crime against children is rising every
year and it is being committed in every comer of the nation. Kidnapping and
abduction is one of the common examples of such crimes.
"Kid" means "child" and "napping" means "to steal," which is where the name
"kidnapping" comes from. So, "kidnapping" means "child stealing," and the original
meaning of the word was to describe someone who took children and other people for
the purpose of working as servants or laborers on American plantations in the 17th
century. ‘Kidnapping’ meaning simply to remove an individual against his will, or if
he be a child or minor, against the will of his/her lawful guardian.
Kidnapping means taking a child without their consent. When a child, whether a boy
or a girl, under the age of eighteen, is taken away from their legal guardian, it is
considered a kidnapping. "Keeping" refers to the care and supervision provided by a
guardian, who may be a parent, a guardian acting in loco parentis, or an institution
with legal custody of the minor. Although abduction is not inherently abusive, it is a
surefire way for abusers to target children. Abductions and kidnappings are becoming
more common in India.
The number of documented occurrences of kidnapping for ransom increased by 50%
from 2008 to 2009. It is concerning because in the majority of these kidnapping

46
incidents, the victim knew at least one of the abductors. This suggests that even highly
educated individuals without criminal records are succumbing to the temptation of
fast money at any cost.
The worst crime is to kidnap a child and hold them for ransom. Many view it as a
crime with minimal danger and substantial reward. Equal numbers of abductions go
unreported because, in most cases, the victim's family is afraid the kidnapper may kill
them if they contact the authorities.
Because kidnapping is a particularly severe kind of wrongful detention, the Indian
Penal Code (articles 359–369) establishes varied degrees of punishment for abduction
and kidnapping considering the gravity of the offence. The intention is not only to
secure the personal liberty of the citizens, but also to give legal protection to children
of tender age from being abducted or seduced for improper purposes and to preserve
rights of Parents and guardians over their wards for custody or upbringing.

4.5.10 Street Children

Among our numerous transgressions, the most heinous is our failure to care for the
children, our disregard for the source of all life. While many of our needs are
temporary, the needs of the child cannot. At the moment, his senses are developing,
his bones are taking shape, and his blood is being created. As the Chilean poet
Gabriela Mistral, who won the Nobel Prize in Poetry, put it, "his name is today," and
we can't say "tomorrow" to him.
Though the future belongs to the youngsters of today, holds no rosy picture for those
unfortunate ones living in appalling conditions in streets, pavements, railway
platforms, market-places, basement of flyovers and many such non- specified habitats
in cities and towns - they are broadly addressed as street children.
For them each new day is a daily grill for survival. 191 These children represent a mute
and nameless multitude who live, work, sleep uncared for, unprotected and rejected
by the adult world of the towns and cities in India. 192 The society has become so
immune to the ubiquitous sight of street children in the citiesof India that one hardly
takes notice of them except to show them away when they become particularly
dogged in their efforts to extract something from him.

47
 Figure-14: Street Children
A. Meaning and Categories of Street Children
Those youngsters who have no one to turn to for safety, guidance, or protection have
taken up residence on the street (in its broadest meaning, including abandoned homes,
vacant lots, etc.) rather than in their family's home.193
Various attempts have been made to establish different categories among street
children and three major categories have been identified:
a) Kids living on the streets: this population includes working-age kids who
have maintained some kind of familial tie. The house remains their primary concern.
Very few really go to class. At the conclusion of each workday, the majority of people
go home, and the majority of those people will have a strong connection to the
neighborhood where their house is located.
b) Children living on the streets: This second category is more nuanced and
smaller, the children in this category consider the street to be their primary dwelling
place; they find safety, sustenance, and the very definition of family among their
fellow street dwellers. Their former home is never visited, and family relations remain
distant.
c) Children who have been abandoned: This third category can look like it
belongs to the second category, and they're almost unrecognizable in their day-to-day
lives. They need a new strategy, though, because they've cut all links with their

48
original family and are now completely dependent on themselves—both materially
and psychologically. I want to emphasize that these kids aren't all boys. Girls are there
in large numbers and are becoming more prominent in street life, even though they
aren't always easy to spot. Any serious attempt to deal with the issue must therefore
take this basic fact into account.194

B. Magnitude of Street Children in India

a) It is a striking, but fully comprehensive fact that in the Cities of India,
boys out number girls by 65-70 % to 30-35 %.
b) Hindus and Muslims are the dominant groups among the street children,
c) Regarding the caste of the street children; over 80 percent of them belong
to the scheduled castes who, of course are the poorest of the poor and the most
discriminated against in villages, On the other hand, scheduled tribe children are
virtually absent in the streets, probably because, trials have a strong family bond and
they want to live among themselves and have managed to preserve their family ties
which ensure care of the children.
d) Many of these street children are orphans, though some have parental
influence on their lives. They not only earn their own livelihood, but also share the
burden of their parents by contributing towards the family income.
e) Most of these children are involved in some sorts of physical labour
where they are exploited and abused by the exploitative prone society.
f) Many street children become the victims of organised 'mafias' who
engage them in various anti-social activities such as begging, rag-picking, drug-
peddling, pick-pocketing, petty thievery and even prostitution.
g) Otherwise, most of these street children Wok in the unorganized or
informal service sector in every growing city and are engaged in various other types
of activities like selling newspapers; hotel boys; polishing shoes in shopping and
commercial centers, bus stands, railway stations etc.; working in small factories; cycle
and automobile workshops; domestic services, hawkers, road side business etc.
h) The conditions of living of these children are extremely unhygienic as
most of these children must contend with dust, haze, and other environmental
dangers. They drink water from any source they get, cook food in open and dusty
roads and hardly ever wash or take bath. They are constantly exposed to different

49
climatic conditions throughout the year and thus suffer from various chronic diseases.
i) Most of the street children have come from a background of illiteracy.
j) Recreational facilities for street children are almost nil, except for what
they themselves improvise.

C. Causes for Street Children

There are thousands of youngsters living on and off the streets in India, but this is an
issue in many developing nations. The principal causes of child abandonment, and in
many cases of child neglect, abuse and exploitation, are certainly related to both urban
and rural poverty are being exacerbated by the fast expansion of industrialization. In
India, the number of Street children has been growing only because of its runway
population overgrowth, especially among the poor.
The problem of youngsters living on the streets is solely a city problem. Large
numbers of children are found on its streets. For migrant families to return to their
villages is really no option at all; it is a choice between starvation and some change
of, at least physical survival. Thus, for the thousands who enter the cities in India in
search of any means of livelihood, without any relatives to help and house them, the
street becomes the only refuge.
Another cause is that, thousands of anguished little children from poverty stricken
rural areas, kicked and beaten by their parents for 'doing nothing’ to earn their living,
become bound to flee their homes, only to enter another world of cruelty and deceit.
D. Effect of Street children
In its many interpretations of Article 21, the Supreme Court of India has reaffirmed
that this provision, which guarantees citizens the freedom to live a decent life and
personal privacy, is fundamental to the Indian Constitution. The youngsters living on
India's streets, however, lack both privacy and dignity. Extreme debasement,
exploitation, misery, and gloom characterize their lives. In addition, every child has
an inherent right to life, liberty, and health as guaranteed by the 1989 Convention on
the "Rights of the Child" (CRC). For children living on the streets, however, they are
little more than urban legends, and their existence is an open assault on their human
rights.
4.6 Conclusion
Children are our most valuable resource, and crimes committed against them require

50
an understanding mindset to legislation. For them, life is complete. When they are
with their children, parents find that they can relax and enjoy life again. As long as
there is hope for human progress, there will be children to represent that hope. The
Indian Supreme Court held in the case of Bandhua Mukti Morcha V. Union of India
that today's children cannot grow up to be contributing members of society in the
future unless they are guaranteed a setting that promotes their emotional and physical
well-being. The position of the kid is directly related to the future of any nation,
whether it is developed or emerging. Both the promise and the limits of a society's
future development are contained in childhood. One of humanity's greatest blessings
is its offspring. Humans are the most secure species on Earth. The community will be
pleased with the children if they are better prepared to contribute to society in a
variety of ways. Society suffers when children are disregarded. Loss of childhood
experiences (physical, social, economic, and mental) deprives a nation of its most
valuable resource: its children. Without them, the nation cannot guarantee future
social growth, financial security, social stability, or good citizenship. Thus, the
Constitution's framers have stressed the requirement of a child's optimal growth and
the child's vital role in society.
Given this statement from the highest court in the land, it's safe to say that crimes
committed against children are to be taken very seriously at all times. We must do all
in our power to ensure their safety so that they can exercise their fundamental human
rights.

INTERNATIONAL LEGAL FRAMEWORK ON CHILD SEXUAL ABUSE

Child sexual abuse is a global epidemic. Round the globe there are many countries
which are facing child sexual abuse to a large extent. Laws for every country around
the world vary. Some have adopted the laws for child protection long back in the
1970s and some still do not have any legislation functional protecting child sexual
abuse. Society is plagued with a myriad of social and cultural stigmas which do not
allow people to discuss on this important issue, due to which the proper knowledge of
the laws framed for child sexual abuses have still not reached to the masses
completely. This chapter explains the various international legal frameworks adopted
round the globe to protect child rights. Legislations of different countries like US, UK
and Japan has been compared in this chapter. While comparing the legislation of these

51
countries the researcher observed that, the laws for prevention of child sexual abuse
are diverse. The parameter for comparison is age of consent and penalization and
societal norms in countries like USA, UK and Japan in comparison with India. In the
United States, the consent age ranges from 16 to 18 years old, in UK it is considered
to be 16 years and Japan has raised the age of consent in their country to 16 years,
earlier it was 13 years. All the three countries have different legislations for the
protection of child rights, but none of them penalizes romantic relationships between
adolescents if they fall under the bracket of consenting age. The penalizations vary in
every country for e.g. UK and Japan penalize the person to whom the custody of the
child is entrusted. This reflects their societal norms and values where parents are held
liable in case if the child is exposed to any form of abuse. Therefore, the researcher
has tried to compare the age of consent, penalization, and societal norms for all the
three countries with India.
International frameworks have been adopted to protect child rights and develop their
full potential. These frameworks realise the fundamental human dignity of a child and
ensure their holistic development. International frameworks ensure that the basic
quality of life should be the right of every child instead of few enjoying it as a
privilege. Few international frameworks have been elaborated in the chapter which
depict the importance of child rights.

4.1 UNITED NATIONS CONVENTION ON THE RIGHTS OF THE

CHILD
United Nations Convention on Rights of the child (UNCRC) has been ratified as one
of the most important treaties and has received ratification from 196 states. The treaty
plays a significant role in protecting the child rights. This treaty has been able to
capture a wide area in the protection of child rights and hold an upper hand in the
child related policies in all the national jurisdictions where it has been implemented. It
is still awaiting ratification from Somalia and United States of America. It turned out
to be a change in the global community's perspective from seeing children as passive
objects of rights before the CRC (Committee on the rights of the child) till today,
seeing them as active subjects of rights. 113The decision-making process now includes
a youngster as well.
UNCRC aims to protect all the children around the world irrespective of their race

52
and ethnicity. The four principles of UNCRC aim to provide the child the best
possible protection from any kind of discrimination. The four guiding principles
address issues such as: the child's best interest, not their parents', the absence of
discrimination against children, the availability of fundamental rights (such as the
right to exist), the right to development, and the right to participate in decision-
making. A child's civil, political, social, and cultural rights are all encompassed in
these four tenets. The adoption of CRC has been done by many countries and the
entities accountable for delivering instructional and basic healthcare in the state have
been made responsible for its execution and monitoring.
Effective mechanisms are required for proper implementation of the CRC principles
in the domestic legislations of the countries who have adopted these principles. If the
effective mechanisms are not in place, then mere adoption of such principles becomes
useless. Even if there is no set procedure for the execution of CRC principles in
domestic legislations but it needs to be incorporated in the legislative acts and
practices.
Both the Universal Declaration of Human Rights (UDHR) and the Declaration of the
Rights of the Child, 1924, were crucial documents that came before this Convention
on Child Rights and provided additional backing for it. The Declaration of the Rights
of the Child, written by Eglantyne Jebb, founder of Save the Children, was the first
declaration drafted that dealt with children. The name "Declaration of Geneva" was
another name for this. In 1934, this was reiterated by the League of Nations. The
General Assembly universally accepted the new version of this Declaration which
comprised of 10 major principles defining the major and basic rights that every
individual needs in order to have a dignified life. Review of the document was done
and certain guiding principles were incorporated it was undeniably the first document
to highlight and ensure the protection of children's civil and political rights while
prioritizing their well-being. This record has been universally adopted and but no
approach has been made to make it legally binding.
Between 1934 and 1959, the former League of Nations failed to stop the outbreak of
World War II and therefore it terminated its operations. With the advent of this time
period UDHR was adopted.
The 1948-adopted UDHR also intrinsically encompassed and protected children's
rights. This is due to the fact that, despite the fact that it does not explicitly address

53
preserving children's rights, it does state that both motherhood and childhood deserve
special care and aid. Also reasonably it can be presumed that all human beings are
entitled to the rights enumerated in the UDHR and children are a part of receiving
these rights automatically.
After 1959, it was in the year 1979 that was officially declared to be the International
Year of the Child. This occurred in the context of the 1959 Declaration of the Rights
of the Child's twentieth anniversary. Poland had suggested the creation of a brand-
new, legally-binding Children's Rights Convention throughout the planning stages
leading up to this year. In 1978, it also sent a draft of the same document to the UN
Committee on Human Rights. As a result, a working group was established to
investigate the situation and consider the viability of establishing a convention on the
rights of children.
On November 20, 1989, the United Nations Convention on the Rights of the Child
was formally ratified by the United Nations General Assembly. This Convention
became international law on September 2, 1990, after receiving the necessary
ratifications from 20 states.
All of the member states must follow certain guidelines universally applicable
standards that are provided by the Convention. It represents a radical change in how a
youngster is viewed. This Convention has acknowledged and affirmed their existence
as human beings with rights. Children's needs weren't always prioritized as severely.
These requirements have been acknowledged by the Convention as rights that every
child has a legal right to. The Convention aims to provide a child ‘s vision as an
individual, a part of a family, and a member of the community through these rights.
This person has rights and obligations appropriate as per their age and developmental
stage.
Changes regarding children have been successfully sparked by the Convention in
member nations' local jurisdictions. They include enacting laws and policies and
turning on other safety nets in order to promote social transformation. The attempts
made by countries to execute the CRC are represented by the following, albeit it is not
an entire list:
1. The incorporation of human rights ideas into domestic laws.
2. Forming multidisciplinary and interdepartmental organizations
3. Creating national initiatives for kids

54
4. Expanding collaborations for kids
5. Endorsing commissioners for children's rights or ombudspersons for
children
6. Measuring the influence of processes on children.
7. Rearranging the budgets allocated with respect to children
8. Aims focused at sustenance and growth
9. Applying the principle of non- discrimination
10. Listening to children ‘s voices and making them into active participatory
parties in matters involving them
11. Developing sound justice systems for children.121
Not every member party has contributed to these efforts. The points mentioned above
are merely a broad overview.

4.1.1 IMPORTANCE OF CHILD RIGHTS UNDER UNCRC

There are numerous justifications for separating children's rights separately under
human rights conventions. These reasons are:
1. Children are individuals and not anybody’s property or possession.
Neither are they possessions of parents nor state. As a member of human family they
have their complete dignity and status since birth.
2. Adults are essential to the raising and development of children. When
they learn to be independent their behavior reflects the nurture given to the children
by their adults. When the primary care is ignored by the adults to be given to the
children, the state becomes duty bound to become the care taker and act as a primary
alternative in the best interest of the child.
3. Every area of the government policy and decision making affects the
children and society at large. From education to public health children matter in every
decision making policy of the government. Any failure to take children into account
in the government policies can lead to a huge negative impact on the societies ‘future.
4. Children’s opinions often go unheard at home, at local communities,
schools or even at the governmental level.
5. Children often have deep impact of changing societal and family
structures. The impact of these changes leaves a long lasting impact on children,
particularly when they face any situation of armed conflict or emergencies.

55
6. Due to their raw minds and being in molding years of their life, where
they experience maximum changes children become more exposed and vulnerable to
poor health conditions, poor housing and living environment.
7. Findings show that the development in the early years of their life has a
huge impact on their future. Therefore, it is very important for adults to determine the
kind of impact and contribution they have towards children lives.

4.1.2 THE OPTIONAL PROTOCOL TO THE UN CONVENTION ON

THE RIGHTS OF THE CHILD ON SEX TRAFFICKING
Around the globe, child sex trafficking has been a making a million-dollar business
for exploiting children, forced labour, organ trading, using children for armed
conflicts. UNICEF reports that around the world, for the purpose of prostitution more
than two million children are being trafficked per year. Efforts to combat social ills
such as child pornography, sex trafficking, and prostitution were bolstered on May 25,
2000, when the UN approved the optional protocols to the CONCORD. The
Convention on the Rights of the Child, which addresses the sale of minors, child
prostitution, and pornography are the names of the optional protocols.
The protocol prohibits the sale of children, which can be done with the help of
introducing certain preventive acts through proper legislative channels or pathways.
These protocols also attempt to protect children from an exposure towards armed
conflicts.122India ratified to the protocol on 16th August 2005 for prevention of child
trafficking.

4.1.3 Convention on the Rights of the Child addresses the participation of

children in armed conflicts as an optional protocol.
This optional protocol instructs that children below eighteen years of age should not
be recruited for armed conflicts. Even if they are it should be purely voluntary or
should be under the supervision of an adult. The protocol reminds that children are
immature and lack mental development to understand the serious consequences of
being into armed forces. India ratified the protocol on November 30, 2005, after
signing it on November 15, 2004.
4.2 COMMITTEE ON THE RIGHTS OF THE CHILD
Under the umbrella of the UNCRC a key body has been created, known as Committee

56
on the Rights of the Child. This was formulated in order to monitor the progress
achieved by the state parties with respect to the implementation of CRC. Establishing
of a court like forum has not been provided in the provision of CRC, which can be a
replica of the European Court of Human Rights framed under European Convention
on Human Rights.
The reporting procedures solely provide for the sanctions that have been set out in the
convention, which demands the states to display the reports about the achievements
made within local jurisdictions with respect to execution of CRC. Out of the eight
Human Rights treaties four contain the procedures.
Although the Committee occasionally advised children or their guardians to resort to
the other treaty organizations for redress of their grievances in suitable instances,
there was no individual complaint or petition mechanism under the CRC until
recently. The third optional protocol of CRC came into force on 14 th April,
2014.124The Optional Protocol regarding the Rights of the Child, which pertains to
communications procedure, is a widely used name for this optional protocol.
Instead of being referred to as a complaint mechanism, as is the case with other
treaties, it is described as a private communication system that enables to work in
close proximity with member states for the purpose of inquiry and investigation. This
provision acts as a loophole in CRC which has to be filled yet. Many countries have
not ratified this optional protocol. 51 countries are a signatory to it and 37 countries
are parties to it.

4.3 INDIA’S POSITION ON UNCRC

In the year 1992 India agreed to become a member to the Convention on the Child
Rights. India agreed to ratify on the dual optional protocols of Child Rights
Commission which are:
a. The Convention on the Rights of the Child's Optional Protocol on the
participation of children in armed conflicts; and
b. The Convention on the Rights of the Child's Optional Protocol regarding
the sale, prostitution, and pornography involving children.
The most recent protocol, which talks about the child communication procedures, has
not been yet ratified by India. This protocol establishes a unique channel for reporting
any violation of rights occurring in any of the member states to the Committee. To

57
guarantee that the violation reported is handled appropriately, the Committee requests
the help and expects the member states to cooperate.
In the year 1997, India sent its first report to the CRC. The purpose of this report was
to bring attention to the plight of children in India within the committee.
The initial report's objective was to inform the Committee about the situation facing
children in India. The paper described the child-related legislation and regulations that
are in place in India. Additionally, it indicated the actions the government was doing
to put the UNCRC and its obligations into effect.

The other specific places where the State was active were further covered in this
initial report. They comprised:
 Access to healthcare, both traditional and nontraditional;
 Adequate nutrition and family support;
 Quality education;
 Opportunities for recreation and artistic expression; and
 Special protections

In its Concluding Observations for India, the Committee on the Rights of the Child
provided recommendations in response. Few of them are:
1. Take steps to ensure that national laws are in line with convention rules
and to prepare and commit enough resources to guarantee the execution of all child-
related laws;
2. adopting a thorough national action plan constructed a policy supporting
child rights to carry out the Convention; to create a widespread structure for gathering
disaggregated information on children's situation;
3. Create a legal, impartial national commission for children;
4. Create a standard age at which a person is no longer considered a child;
5. Address issues of caste and tribal discrimination;
6. Protect the child's rights while they are being held by the police;
7. Protect children's rights who have disabilities;
8. Targeting for elimination of child labor
India's first complete periodic report was presented in 2001, following the original
report. India then issued its second periodic report, and in response, they got a

58
response in 2004. The most recent combined third-and-fourth periodic review
reports129 conclusion observations on child marriage are as follows:
1. The implementation of personal laws should be taken care; like the
effective implementation of the child marriage act.
2. To implement all essential methods to fight dowry system, child
marriage, and devadasi, including promoting counselling and reproductive education
for the purpose of ending the harmful practice of marrying girls off at a young age.
This involves launching campaigns and programs to increase public understanding in
an effort to influence public opinion.
4.4 UNIVERSAL DECLARATION OF HUMAN RIGHTS
On December 10, 1948, the Universal Declaration of Human Rights was ratified,
which is considered a pivotal moment in human history that time, the effects of the
Second World War's disasters, as well as the murders and other atrocities committed
by the Nazi dictatorship, were still being felt around the world. The nations could not
overlook in light of the reality that the continuing conflicts have killed millions of
people, nor could they stand by and allow war crimes to be committed under false
pretences.132 States parties from all over the world came to an extraordinary accord,
declaring that human rights should no longer be flagrantly violated and holding
everyone responsible for any infringement of these rights.
At the United Nations headquarters in Paris, representatives from 48 nations met to
discuss the fundamental rights of all people. This discussion, which resulted in the
final draft of the Declaration135 being prepared on December 10 of that year, contained
these fundamental rights and held the entire world accountable for guaranteeing them
to all people.136 The Declaration's 30 articles reflect the signing nations' understanding
of the need to uphold fundamental principles regarding various facets of human life,
rights to life, personal security, and freedom; liberties, including the right to free
speech, as well as other political and civic freedoms; rights to an equal education, a
sufficient income, and a secure working environment and the ability to participate
fully in society without fear of retaliation.
The Declaration of Independence treated children as helpless people in need of
additional guard, improved schooling, and a lifespan that serves their best interests. 137
However, it should be remembered that the Declaration is not itself legally
enforceable document, and the state signatories are not accountable for failing to

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uphold its provisions.
The States parties can, nevertheless, rely on the Declaration to establish domestic laws
necessary to defend human rights because it is one of the most fundamental and
fundamental international tools for recognizing human rights.

4.5 INTERNATIONAL COVENANT ON CIVIL AND POLITICAL

RIGHTS
International Covenant on Civil and Political Rights (ICCPR) was adopted by the
United Nations General Assembly in December 1966. These rights became
enforceable in March 1976. The reason behind this adoption was that on the occasion
of the 1948 adoption of the Universal Declaration of Human Rights many
stakeholders had a view that at the global level, this declaration had to be followed up
with other countries in the form of treaties which should become legally binging and
the countries had to abide by it.
The equal rights guaranteed to men and women in the covenant must be respected by
all state parties. The Covenant's civil and political rights are universal and should be
fully enjoyed by all citizens of every State, regardless of their race, color, sex,
language, religion, political or other beliefs, national or social origin, birth, wealth, or
any other status. An essential condition of the Covenant is this. The importance of the
family is highlighted in the covenant since it is a fundamental social unit that naturally
seeks protection from both society and the state.141 All children have certain rights
guaranteed by the International Covenant on Civil and Political Rights (ICCPR),
which does not discriminate on the basis of race, color, sex, language, religion,
national or social origin, birthplace, or socioeconomic status. The ICCPR stresses the
right to identify even more than the right to be named, the right to be registered at
birth, and the right to obtain nationality.142Decisions that potentially have an effect
on children are not explicitly addressed in the ICCPR.
The organization responsible for ensuring ICCPR and its proper implementation is
The Human Rights Committee. It also has to access the reports filed by the state
parties for whom it is a mandate to include ICCPR measures taken by them 143and also
they need to mention about the hurdles they face during the implementation of
ICCPR144 and by publishing closing remarks that highlight the ICCPR's strengths and
flaws in implementation as well as suggestions for potential solutions. 145 The

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Committee also outlines the problems that are pertaining to health in any way, shape,
or form, and it offers recommendations for how the State party should remedy the
gaps in the ICCPR's implementation.
In its general comments, the Committee may stress the need of eradicating prejudice
based on gender in access to the ICCPR's rights, ask State parties to detail their plans
to ensure equal consideration of the sexes in light of the equal rights to food,
healthcare, and education, or call for legislative action to put an end to such practices.
Although the ICCPR does not anticipate the Committee being able to receive
individual relationships, an optional Protocol to the Covenant was developed
concurrently with the Covenant. Addressing personal interactions, the First Optional
Protocol to the ICCPR is one example of an optional protocol. As the nations
signatory to the First Optional Protocol have accepted, the Human Rights Committee
is able to receive and assess individual submissions. The Second Optional Protocol to
the International Covenant on Civil and Political Rights, which aimed to do away with
the death penalty and was attached to the ICCPR, was adopted on December 15,
1989, and entered into force on July 11, 1991. The former Special Rapporteur on
Human Rights of the International Commission on Human Rights, who is now a
member of the Human Right Council, has spoken out solely on the matter of the right
to health for all individuals, through any means necessary, and not only in relation to
the number of states that are party to treaties that include it. The Agreement saw
India's ratification on April 10, 1979.
4.6 A Global Compact for Economic, Social, and Cultural Rights (4.6)
According to Article 10148 of the International Covenant on Economic, Social, and
Cultural Rights (ICESCR)147, families should get all the help they can get, especially
when they're starting out and taking care of their children's education and health.
Similar to the Convention on the Rights of the Child and the Convention on the
Elimination of All Forms of Discrimination Against Women, the International
Covenant on Economic, Social, and Cultural Rights (ICESCR) upholds the
importance of freely given consent. Additionally, it discusses how moms should
receive extra protection both before and after giving delivery. The aforementioned
Article addresses the need for sufficient societal safety assistances for salaried
mothers. Most notably, it declares that young people should be shielded from social
and economic exploitation. There are specific rules for outlawing and punishing the

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use of child labor. As child marriage does not involve the age consent, it is a clear
violation of the Covenant. In contrast to the protection it offers against social and
economic exploitation, child marriage is a practice that proceeds in the exact opposite
direction. Economic exploitation occurs when marriages are entered into to paying off
debts or when it becomes a part of human trafficking. This also strongly intersects the
societal corruption viewpoint. Married at a young age, girls end up as the poorest
recipients. Early pregnancies are extremely tough and cause harm to the health of both
the mother and the kid. This is further supported by outdated ideas that favor boys
over girls in children. In case if the girl gives birth to a female child, it will be made a
compulsion for her to have several more pregnancies until at least one boy is born.
4.7 SOUTH ASIAN REGIONAL COMMITMENTS
Among India's regional affiliations is the South Asian Association for Regional
Cooperation (SAARC). Each of the eight SAARC member states is deeply committed
to fostering South Asia's social, cultural, and economic development. Confessions of
South Asian Children from the Colombo Declarations, the Convention to End the
Prostitution of Women and Children, and the SAARC Convention on Regional
Protocols to Advance the Welfare of South Asian Children 150 (Child Welfare
Convention) are just a few of the many places where they have pledged time and time
again to protect children. However, up till this point, SAARC has not ratified a formal
convention calling on governments to impose a minimum age of 18 for marriage, in
agreement with the UNCRC, and banning child marriage.
Even though it defines children as individuals less than 18 years old, the SAARC
Child Welfare Convention only compels states to execute the minimum legal
marriage age established by the country's statutes.152 It reiterates the commitment of
SAARC member states to uphold the Convention on the Rights of the Child, however
it does not deal with the necessity of marriage at the age of 18. However, in order to
enforce national laws, it is necessary to record births and weddings routinely
governing the youngest age of marriages. In a same vein, the SAARC Trafficking
Convention enjoins member states to pursue criminal prosecution against traffickers
who indenture minors to work as prostitutes. The Treaty does not, however, define or
prohibit child marriage in any way. Two regional organizations have begun to engage
with SAARC member nations to help create continental action plans that address
child marriage in South Asia, even though SAARC has not yet held an assembly to

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define and condemn child marriage. The South Asian Initiative to End Violence Child
Abuse and Neglect (SAIEVAC) is the initial stop. Members of the SAIEVAC board
of directors also hail from India. In addition, SAIEVAC, the supreme body of
SAARC dedicated to ending violence against girls, boys, and women, has India as one
of its members on its governing board. In order to coordinate their efforts to end
violence against women and children, the South Asia Coordinated Group on Action
against Violence against Children brings together regional NGOs and UN
organizations. It is the second organization on the list. Combating violence against
women and children is a top priority for the SACG, which is why it has joined forces
with SAARC, the United Nations Special Representative to the Secretary General on
Violence against Children, and other organizations.
The Southern Asian Initiative to End Child Marriage (SAIEVAC) adopted a Regional
Action Plan (RAP) to combat the issue from 2015 to 2018.
India is a member of the RAP because it was accepted through the diplomatic system.
The government will have a chance to prove its dedication to ending child marriage
by creating a National Plan of Action against DOMA. Not long after the RAP was
established, key stakeholders and representatives from SAARC member states
endorsed the Kathmandu Call for Action to End Child Marriage in South Asia
(KCA).158 The RAP's execution, the outlawing of child marriage as a human rights
violation, and the unification of national laws and policies against the practice, and
elimination of exclusionary marriage-related provisions from all laws are among the
many pressing initiatives enumerated in the KCA.
4.8 CHILD PROTECTION LAWS: UNITED KINGDOM
In the United Kingdom (England, Wales, Scotland, and Northern Ireland), the age of
consent is 16 years. There are no close-in-age exemptions (Romeo-Juliet
relationships) in the United Kingdom. Two people not falling below the age allowed
for consensual sexual matters can be prosecuted for sexual behaviour. While the
Sexual Offences Act of 2003 addresses that if any person engaging into consensual
sexual activity which they agree upon mutually and it results into no harm, such
activity between an adult and a young person below the age of 16 is a criminal
offence. This recognizes that this group of young people is still susceptible, even if
they may not perceive themselves to be such. Although sexual activity is no longer a
crime after the age of 16, The Children Act of 2004 does, however, provide protection

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for minors. Problems of sexual exploitation and abuse of power need still be
addressed in the instances indicated below. Of course, young people can still be
victims of rape and assault, and the details of an occurrence may need to be discussed
with a young person. Under the Sexual Offences Act, 2003 if any adult who holds a
position of confidence with respect to a child (above or below 18 years) engages in
any sexual activity whether consented or not consented, is a criminal offence.
Therefore, Sexual Offences Act, 2003 covers incest or intra familial abuses which in
turn reflects the societal norms of United Kingdom, where family values are
important and therefore incest abuses are considered to be crime.
4.8.1 LAWS RELATED TO PREVENTION OF CSA IN THE UNITED
KINGDOM
The Sexual Offences Act, 2003 (SOA) was introduced in place of Sexual Offences
Act of 2000. The new provisions introduced in SOA, 2003 covered abuse of trust and
interfamilial child offencesBecause the Act did not define consent, for example, the
prior legislation may have been unclear; as a result, the common law was applied and
its ordinary meaning was granted.160 A lot of improvements to public protection
measures against sex offenders had already been undertaken by the government
before SOA 2003 was approved. It encompassed the creation of the National Crime
Squad and the introduction of restraining orders for sex offenders. Despite the lack of
significance of the measurements. For sex offenders, the punishments were lighter,
which failed in order to deal with the root reasons of the pain and had no positive
impact on society as a whole. New provisions concerning protection from sexual
offenses, prevention of such offenses, and protection of minors from harm resulting
from such offenses were introduced with the SOA, 2003.
The SOA, 2003 redefined and clarified many terms and introduced new provisions in
against the earlier provisions. At first the Act widened the definition of rape and It is
quite evident that the concept of vagina will also encompass vaginas that have been
surgically built; this represents the current reality of the world's expanding powers
from male to female and female to male or transsexual people.
The ability to make a decision and give one's consent to a sexual action is defined as
"consent" in the act. Many evidential presumptions have been introduced with regard
to consent under Section 75 of the act. 163Also, it specifies when consent is assumed
not to have been provided, so the burden of evidence moves from the complaint to the

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defendant.164 Few examples of such circumstances include violence, threat of violence
or the plaintiff may be unconscious due to sleep or other mental state (Morgan
Defense)
Features of Sexual Offences Act 2003:
1. This act is applicable to Northern Ireland, Wales and England.
2. The age limit for the child has been set to 18 years after the amendment
of Protection of Children Act 1978. It also provides a cover for consensual sexual
activities and to any child who is 16 or over.
3. Sexual intercourse with a child of 12 years or below has been categorized
as rape.
4. A new draft of the act has been created covering various other criminal
offences like intra-familial sexual abuse, offences where adult relatives are involved
and laws designed to provide protection to mentally challenged people.
5. Laws have been reframed for the offences committed by people of a
position of trust towards child. This prevents further sexual contact between adult and
the child below 18 years in educational institutions and child care homes.
6. Creates a variety of offences including intent, one of which focuses on
spiking drinks.
7. Makes it illegal to administer drugs to someone without their permission
with the goal to make them helpless or submissive so that any form of sexual conduct
can occur. Two more intent offences deal with trespassers who intend to commit
sexual offences while on the property and are aware that they are doing so, as well as
people who commit conduct that is premeditated to involve sexual misconduct.
8. Introduces foreign travel orders which can be utilized to prevent sexual
offences against a child while travelling to countries where he is at risk of such abuse.
9. Recognizes necrophilia and bestiality as crimes.
The laws stated above are not applicable to Scotland. Although, the Sexual Offences
(Scotland) Act, 2009 has created a revolution in the laws related to rape and other
sexual offences in many different ways and is highly applicable.
On the first note it has made the world acquaint with a broader and legal definition of
rape. In addition to this it defines consent and has done away with the Morgan
defence166. It also speaks about the use of drugs and alcohol by victims.
One of the laws that has played a key role in transforming the laws related to sexual

65
offences has been The Sexual Offences (Scotland) Act 2009. Since the complainant is
not the one being tried, it shifts the focus back on the accused person's behavior. This
is exactly as it should be. The problem of believing that the complainant is also
accountable in some way permeates our society and is unquestionably a factor in
Scotland's low reporting and conviction rates. Regrettably, the 2009 Act does not
resolve the ongoing issue of discussing the complainant's background. The Scottish
Government Social Research uncovered an alarming statistic: the sexual past of seven
out of ten complainants was interrogated in court.

4.8.2 CHILD PORNOGRAPHY: LEGAL PRESPECTIVE

[Link] PROTECTION OF THE CHILDREN ACT 1978
The Protection of Children Act of 1978 is the primary law in England and Wales that
addresses offences involving child pornography. It has undergone multiple revisions
and changes since 1978168. Offenses related to the acquisition, production, and
distribution of child pornography are now encompassed.
As will be discussed further below, it wasn't until 1988 that the ownership of explicit
photographs depicting minors became a crime. In response to demands made by Mary
Whitehouse, Chairwoman of the National Viewers and Listeners Association in 1977,
the 1978 Act was passed to address the issue of child pornography.
Since those times the Act of 1978 has been amended four times:
1. By the Criminal Justice Act 1988 – earlier the original version of the Act
of 1978 criminalized on the clicking of indecent photographs of children and
distributing them, but the amendment introduced the possession offence to it.
2. By the Criminal Justice and Public Order Act 1994 (CJPOA 1994) – this
introduced the notion of computer generated pseudo-photographs;
3. By the Criminal Justice and Court Services Act 2000 (CJCSA 2000) –
this introduced the extension of punishment to maximum imprisonment for child
pornography related offences;
4. By the Sexual Offences Act 2003 – to amend the definition of a child to
bring it into line with international law.

[Link] EMERGING TRENDS OF PSEUDO PHOTOGRAPH169

With the Criminal Justice and the Public Order Act 1994 (CJPOA) modifications, a

66
new type of child pornography known as computer generated child pornography is
now illegal under both the 1978 and 1988 laws. The 1978 Act was revised and made
it illegal to create indecent pseudo-photographs of children. An image that appears to
be a photograph, whether made using computer graphics or another technology, is
referred to as a pseudo-photograph according to Section 7(7) of CJOPA 1994. The
1978 Act addresses an appearance created by pseudo-photograph in Section 7(8).170
Therefore, Sexual Offences Act, 2003 covers incest or intra familial abuses which in
turn reflects the societal norms of United Kingdom, where family values are
important and therefore incest abuses are considered to be crime. 171 This affects the
entire societal structure and social values in a way where they respect close
relationships within the family members.
4.9 CHILD PROTECTION LAWS: UNITED STATES OF AMERICA
In the US, the minimum age to give one's informed consent varies from 16 to 18 years
old. Some states have different close-in-age exceptions than others. It wasn't until July
2006 that the Adams Walsh Child Protection and Safety Act became law. Title I of
the Sex Offender Registration and Notification Act specifies the baseline registration
requirements that states must meet, which includes the registration of children found
guilty of certain crimes. The purpose of the so-called Romeo and Juliet statutes,
which have been enacted by some jurisdictions, is to shield minors who are sexually
active and reasonably close in age from being prosecuted as sexual offenders. Florida
is one of several states that has done this through the use of a petition or motion in
order to alleviate registration concerns. An age gap is defined by legislation in some
states, while others have even legalized specific types of sexual activity between
children and/or people of similar ages in order to circumvent the need for registration
and the resulting criminal charge (Committee on Criminal Justice, 2011). Age for
sexual consent in Florida is 18 years. There are various conditions to be met for
offender to move a petition to the court for not getting themselves called as a sexual
offender. The victim should not be less than 14 years and must have consented to the
sexual act. Also the offender must be at least four years elder to the victim as per the
Florida statues.

4.10 LAWS RELATED TO PREVENTION OF CSA IN UNITED

STATES OF AMERICA

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In accordance with the Child Abuse Prevention and Treatment Act (CAPTA), the
following constitutes The following are examples of child neglect or abuse: any recent
inaction or delay on the side of a parent or carer that leads to death, serious
psychological or physical harm, sexual abuse or exploitation, or the impending danger
of such harm.

4.10.1 CHILD ABUSE PREVENTION AND TREATMENT- CAPTA

Congress passed the Child Abuse and Neglect Prevention and Treatment Act
(CAPTA) to establish a coordinated federal strategy to combat child abuse and
neglect. For states to be eligible for grant funds to cover damages under this statute,
they must have systems in place to receive and process allegations of child abuse or
neglect, as well as safeguard children. In keeping with it, CAPTA elaborates on the
meaning and characteristics of child neglect and abuse. According to CAPTA, it is
any recent parental or caretaker behavior that results in death, major physical or
mental harm, sexual harassment or abuse, or the imminent threat of such harm.
From the time CAPTA has been enacted in the year 1974, it has been revised several
times. More than a span of 30 years CAPTA missed creating a shell for infants who
have been given a constant exposure to drugs and alcohol in mother’s womb. Later it
was revised in the 2000s and 2010s that mentions about the safety and care of infants
who are born affected. This was termed as child protective services and in this system
plans had to be developed for safety and care of infants who are born under the
influence of intoxication or have been diagnosed with fatal disorders or drug
influences and withdrawals.
The latest bill for CAPTA reauthorization was introduced in May 2021 in the US
Senate and imbibes additional funding and aims at changing the ways in which
affected families are being treated.172Some features of this landmark legislation are as
follows:
1. Coordinating and organizingauthorized programs for services for child
mistreatment programs.
2. Requires the states to manufacture information on number of child abuse
and neglect cases, investigation status and types of mistreatment and other relevant
information.

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4.10.2 PREVENTING SEX TRAFFICING AND STRENGTHING
FAMILIES ACT, 2014
The aim of this act is to ascertain that states have to make provisions implement
various policies regarding the reporting and gathering of data regarding sex
trafficking, as well as the identification of children who may be at danger of being
victims of child sex trafficking. These changes complement the law's current
measures that make it easier to adopt and find foster parents.

4.10.3 DEVELOPMENT OF PORNOGRAPHY LAW IN UNITED

STATES OF AMERICA
Unites States, England, Wales and the other western societies have been facing grave
concerns about child pornography. Although the child Pornography Prevention Act
1996 introduced a provision of computer generated images and criminalizes the
material depicting obscenity which involves children showcasing them to be engaged
in sexual activities. The Supreme Court of United States has posed a major
constitutional challenge to the state regarding the child pornography laws. The
constitutional challenge involved the above mentioned procedures and Supreme Court
took a decision to strike down two of three provisions relating to virtual child
pornography mentioned in the Act of 1996.
4.10.4 CHILD PORNOGRAPHY PREVENTION ACT, 1996
The Child Pornography Prevention Act of 1996 (CPPA) was established to make it
illegal to publish or distribute any material that shows children acting in a sexually
explicit manner, regardless of whether actual children were involved. It was decided
that child pornography was bad in and of itself, whether it featured real children or
not, under the new definition, which moved from defining child pornography on terms
of the harm perpetrated upon real children.
Any visual representation, including photographs, films, videos, pictures, or
computer-generated images or pictures, of a minor engaging in inappropriate
behavior, as well as pornographic images made using actual children, is now illegal
under the CPPA 1996's newly added section 2256(8), which broadens the federal law
against child pornography. The CPPA of 1996, specifically Section 2256(8)(D),
contains language that states any pornographic image that is advertised, hired,
exhibited, referred to, or transmitted in a way that suggests a minor engaging in

69
sexually explicit behavior.
As a result, section 2256(8)(B) outlawed a variety of sexually explicit pictures, also
known as virtual child pornography or indecent pseudo photographs, that purport to
show children but were actually created using adults with a youthful appearance or
computer imaging technology rather than actual (actual) children.
The American Civil Liberties Union (ACLU) condemned the 1996 Act, claiming that
the new definitions and clauses were obviously illegal because they criminalized
photographs created without the actual participation of any kid. 176 Supreme Court laid
a clear view that child pornography should be restricted and is justified to a great
extent because the government lays a huge emphasis on averting physical and
psychological abuse of children for commercial activities. The American Civil
Liberties Union emphasized the Supreme Court's ruling that child pornography does
not fall within the First Amendment's protections due to the fact that it depicts actual
instances of child abuse and exploitation that affect the well-being of the children
engaged in its creation. So, the American Civil Liberties Union argued that Ferber
proved the government was more concerned with protecting kids from real harm than
with shielding the public from such depictions. Furthermore, it claimed that the law
would severely limit constitutionally protected speech.177 The American Civil
Liberties Union's arguments were rejected by the US Judiciary Committee, which
stated that the government should prohibit computer-generated photographs of
children due to the future harm that these images could do.

4.10.5 PROTECT ACT, 2003

The PROTECT Act ensures that children are no longer exploited by providing them
with remedies and other tools to put a stop to it, Congress condemned that the law
applies irrespective of the virtual substance containing computer generated images of
thechildren and adults who appear to be like children, or whether the existing virtual
material is fraudulent or does ‘t exist at all.
The Protect Act was a result of Supreme Court ‘s response in the case of Ashcroft v.
Free Speech Coalition.178The US Senate was introduced by the bill in January 2003
and the bill was passed by the Senate in 2003. A related bill names as Child Obscenity
and Pornography prevention Bill of 2003 was introduced by the House of
Representatives. The bill was passed with a great majority and a substandard version

70
of the Protect Act 2003 was introduced. It declared that the new law confronts the evil
of child pornography which is considered to be the cause of child abuse cases and
abduction in America.
The evil of child abduction and abuse caused due to child pornography has been
confronted by the new law framed in America. Earlier there were no proper measures
available to prosecute the criminals who generated the child pornography material.
Protect Act provides a shield to children being abused and protects them from the
potential dangers raised by creating child pornography content. Such content has been
declared as illegal under the PROTECT Act aiding the prosecutors to provide justice
to victims.
The socio-cultural impact of age of consent in USA is that the cognitive development
of teens is pacing beginning at a young age, and they have had exposure to a variety
of internet platforms. They are not only curious to explore more about their sexual
intent and behaviors, instead they want to experience the same at a very early age.
Since 1960s USA has adopted a modernistic approach towards subjects like sexual
activities, teenagers are eager to experience sexual acts as it is acceptable in the
society too. The US law provides an exception for age of consent exemption which is
popularly known as ―Romeo- Juliet relationships‖.
4.11 CHILD PROTECTION LAWS: JAPAN
Japan has raised the age of consensual sexual activities from 13 years to 16 years
recently under Japan Penal Code, 1907. The legislations earlier had a provision that
any child at Can legally give their consent to a sexual conduct if they are at least
thirteen years old. Under The Japanese Penal Code that was enacted in 1907, the
consent age for sexual activities was set at 13 years. Any sexual activity with the child
below 13 years of age was considered to be rape and it could have resulted in
imprisonment for up to 20 years. The Juvenile Obscene Acts, which supersede the
Penal Code, provide regulations governing the age of consent in specific prefectures.
Sexual behaviorsharing sexually explicit material with a minor is punishable by up to
five years in jail in these prefectures. Although it is uncommon, in some prefectures,
even embracing or holding hands with someone underage is prohibited. 180 Japanese
government penalizes the parents if the child faces any kind of abuse. This in turn
reflects the socio-cultural values that parents are the first custodians of the child with
whom the responsibility of the child is entrusted. Therefore, any kind of sexual abuse

71
faced by the child, holds the parents responsible for the same.

4.11.1 LAWS RELATED TO PREVENTION OF CSA IN JAPAN

The world ‘s most technologically advanced nation Japan, covers child abuse under
Japan Child Welfare Act which is related to child welfare. In the year 2000 The
Prevention of Child Abuse Act came into force which raised a public consciousness
of issues related to child abuse, on the heels of the Child Welfare Act and the nation's
efforts to combat child abuse. Evidence of child abuse is required by both statutes.
Where the youngster stands has to be checked with immediate effect where the
information about the child has been received whether at the child welfare office or
child guidance center. The gravity of the situation decided the measures to be taken to
curb child abuse. The governor can seek the permission of family court and can send
the abusive child for foster care or institutional guardianship, opposite to the will of
the parents to do so. Japan government is involved in conducting various awareness
programmers to generate awareness about child abuse taking place in their country.
Prohibition of corporeal punishment is under consideration and the government is in
process to introduce better protective measures to assist and support abused children.
A specific statute governs safeguarding Japanese children from sexual exploitation,
child pornography, and prostitution.

4.11.2 CHILD WELFARE ACT AS BASIC LAW

In Japan, the child welfare laws ensure and take into account a child’s health along
with safeguarding child abuse. The act ensures that a child is raised with a quality life,
proper health care, nutrition and with love and care. For a healthy mind and body and
to make the child independent, they have to be nurtured in a protected and healthy
environment. The act has listed down certain roles and responsibilities for the local
government and the national government, such as:
When it comes to municipal politics, the local level is crucial that must provide
immediate care and support to the local communities. Representatives should perform
their duties by providing the local government with necessary advice and assistance to
execute the tasks systematically that require knowledge, techniques and detailed
feedback for improvements.
The federal government must ensure that take all the required measures from

72
formulating policies to ensuring proper care of a child. Not only this but also to
provide information to municipalities and various other regions in the country to set
up a basic structure,
The Prevention of Child Abuse Act has been enacted as a special law. With the
enactment of this law in the year 2000, the responsibility of local and national
governments has increased in order to generate more effective mechanisms for
preventing child abuse. Awareness of this law among the people in Japan is growing
therefore the cooperation has to be increased between the ministries, relevant private
and government organizations working for curtailing the child abuse in Japan. The
law specifically states that ―no person shall abuse a child‖ and has special
instructions for teachers, administrators and other staff of the school, hospital and
medical professionals to detect child abuse at an early stage and report the same
immediately.

4.11.3 CHILD ABUSE IS SUBJECT TO CRIMINAL SANCTION

Japan’s Child welfare act bars the below given acts against children and inflicts
criminal charges on the violators:
 Causing the child to commit an obscene act;
 Display of children in public those who are physically and
morphologically abnormal;
 Causing the child to beg or exploiting a child to make him beg;
 No child below fifteen years of age will indulge in activities such as
singing, dancing, tricks and any other exploitative activity neither at home nor at any
other place.
 No child to be engaged in any economic activity such as sales,
distribution, exhibition of any good or services from 10 P.M. onwards neither at home
nor at any other place.
 No child below fifteen years of age to be to engage in any such economic
activity like becoming an entertainer at the wine party.
 No person should arrange for a child care home to earn profit.
 The offender of the first act listed above can be convicted upto ten years
in prison and / or a fine of 3,000,000 yen (approx. US$27,000). Anyone who engages
in any of the subsequent acts is liable for an imprisonment upto three years and / or

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fine of 1,000,000 yen (approx. US$ 9,000).
Two severe cases from Japan drew immense attention in the year 2018 and 2019 and
cabinet decided to amend the Child Welfare Act and the Prevention of Child Abuse
Act in the year 2019 to toughen child prevention systems. The bill chooses to
implement a ban on corporeal punishment by parents and also chooses to implement
mental health counselling centers for children to guide them in the right direction.
4.11.4 PROHIBITION OF CHILD PROSTITUTES AND
PORNOGRAPHY LAW
The Japanese law levies heavy fines and long term imprisonments for those who
engage in prostitution, or possess, produce, distribute and display or engage in display
of child pornography. As of recently, Buying or selling a kid for the purpose of sexual
exploitation or prostitution is a crime that carries a maximum prison sentence of 10
years.
The law also has brought up a guideline to be followed by the stakeholders of trials of
child pornography and child prostitution cases so that any negativity on the psyche of
the victim can be prevented. These guidelines have to be mandatorily followed by
MHLW (Ministry of Health, Labour and Welfare), the Ministry of Justice, the district
police, child guidance centers and welfare offices too.
Juvenile justice and regular criminal justice in Japan operate independently. The
United Nations Convention on the Rights of the Child (CRC), 1989 is a document to
which Japan is a party and had ratified. A rapist who causes the victim's death or
serious injury is sentenced by five years or more in jail under Article 181 of the Japan
Penal Code of 1907, Para 2. Juveniles under the age of twenty are subject to the
Juvenile Law rather than the Criminal Procedure Law when it comes to criminal
proceedings. The Family Court has the primary jurisdiction over such cases. (Article 2
and Article 3 of the Juvenile Law (Shōnen Hō), Law No. 168 of 1948) Cases
involving minors (those under the age of fourteen) who commit what would be
considered a criminal if perpetrated by an adult are handled by the Child Guidance
Centre. When the kid Guidance Center Chief or the Governor of the Prefecture sends
a kid under the age of fourteen to the Family Court, the court's authority extends to
that youngster. (According to Law No. 168 of 1948, the Juvenile Law (Shōnen Hō),
Article 3). It is the job of the Family Court probationer to conduct investigations into
cases that come before the Family Court.182 A "social inquiry" of the juvenile

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offender's character, past, and family is carried out by the relevant officer. A report
regarding what was found is sent to the relevant judge once it is finished. It is up to
the discretion of the judiciary to decide whether to (a) Drop the charges altogether, (b)
Send the minor to a juvenile detention center, a support group, or probation, or (c)
Have the public prosecutor take over after reviewing the report. Only in cases where
the judge determines that the juvenile should be prosecuted according to the regular
criminal laws and there is evidence that the juvenile was fourteen years old or older
when the purported illicit act happened can the public prosecuting be involved. As a
general rule, the court will send a juvenile to the public prosecutor if they are 16 years
old or older and have caused death through an act done with criminal intent.183

4.12 SOCIO-CULTURAL INFLUENCE OF ADOLOSENT

CONSENSUAL RELATIONSHIPS IN UNITED KINGDOM, UNITED
STATES OF AMERICA AND JAPAN
Legislations in the countries like UK, USA and Japan are influenced and affected by
more factors than any theories related to development. The major factors that impact
these legislations are social, moral and economic aspects that influence the lives of
adolescents, particularly those between the ages of sixteen and eighteen. These factors
influence their capabilities of taking decisions about their sexual activities to a large
extent. Social and moral traditions are the major contributors of affecting the age of
consent in these countries.
The legislations in these countries state that by defining a minimum age to consent
towards sexual activities, children’s rights are being protected from any exposure in
cases of sexual assault. This is now fully explained in UNCRC articles 19, 32-36.
Such legislations are based on certain societal norms and child development sciences
that can identify the child ‘s decision making capacity of consenting to a sexual
activity and making a distinction between consent and being a trap to sexual abuse
and violence or any other kind of harmful sexual interactions. They should also be
well equipped and knowledgeable to know when to pull out themselves and what to
do if they find themselves on the verge of any sexual risk or harm.
These countries have established a minimum age for consensual sexual activates to be
16 years. Although few states in USA have kept it between 16 years to 18 years, but
there’s a gap between being of legal age to engage in sexual relations and other

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legally binding acts, including voting, marriage, and criminal behavior. As an
illustration, it is possible to hold a minor accountable for a criminal activity from the
age of 10 but cannot consent to a sexual act until the age of 16. This is contradictory
as it means that a child can be held responsible for sexual behaviors if he consents to
any before the prescribed legal age. Minimum age for providing consent to sexual
activities is often set around the time children are understood to attain adulthood.
Therefore, fixing the legislations in a particular manner to criminalize the sexual
behaviors can lead to mature growing adults being prosecuted for making independent
decisions for sexual activities. Within today's culture, where kids are exposed to
multiple sources of watching sexual activities on internet, the legislations have to be
in alignment with the changing societal norms. Therefore, it can have a negative
societal impact in countries like UK.
Few countries like USA have established the concept of close in age exemptions or
Romeo-Juliet relationships for adolescents that have yet not met the age criteria for
consenting to the sexual activities. Prosecuting minors for sexual conduct is shielded
by a close-in-age exception with peers whilst still prohibiting sexual activity between
adults and children.

4.13 SOCIO-CULTURAL INFLUENCE OF ADOLOSENT

CONSENSUAL RELATIONSHIPS IN INDIA
The POCSO Act, 2012 criminalizes any kind of sexual acts with children below the
age of 18. The offender irrespective of its age is considered as a criminal and is
prosecuted under the POCSO Act for any sexual act committed with a child below 18
years of age. This raises a concern for minors when they are being convicted for rape
charges, even if the relationship is consensual. In today‘s times as with the advent of
increasing exposure to the internet and OTT platforms where romantic relationships
are openly being displayed children are gaining maturity at a very early age and tend
to be a part of romantic relationships.184 Under POCSO Act, any sexual behavior with
a child below 18 years has been treated as a criminal offence, this has resulted into
discriminatory situations where two adolescents involved in non-abusive sexual
relationship or romantic relationship become criminals in the eyes of law. This results
in two adolescents getting married to each other to escape the 10-year rigorous
imprisonment defined under the POCSO Act, 2012.185 Consensual sexual activity

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especially when admitted by two adolescents should not fall under the ambit of
POCSO Act.
Dunphy's seminal work proved that both internal and external factors play an
important role in regulating each developmental stage, including the initiation of
romantic attachment. Theoretical frameworks and contexts for adolescent love
relationships were built upon this finding. Because of the collectivistic lifestyle
prevalent in Asia, especially India, family sociocultural values have a far greater
impact on romantic notions than western cultural standards. Adolescent romantic
relationships are still prohibited in most Indian states, particularly in cases where
there is a religious, caste, or economic divide; however, the idea is gaining traction.
Within the bounds of the family's goodness-of-fit pattern, the parents or other
prominent relatives would make the final call on who to marry. Up to that point, the
parents would keep a close eye on anything related to the romantic relationship.
Having a romantic connection, whether as a teenager, young adult, or adult, is often
seen as evidence of a lack of maturity and self-control. The value of having sexual
relations before marriage is great, and it is considered a morally wrong act. Most
families would marry off their minor daughters before they are legally able to do so,
even if it means breaking the law (especially if the girl is pregnant). Adolescents face
a lot of pressure to form love relationships that are healthy for their development yet
go against the norms of their home society.
Teenagers in India are subject to rules that do not adequately address the unique risks
they confront as a demographic where they are involved in sexual activities. It is the
need of the hour to understand sexual violence and coercion particularly from the
point of adolescents and based on the developments in national and international laws.
Any step taken must focus on the reformation of effective laws and procedures that
realize the reality adolescents face these days and must ensure that the vulnerability
involved with each case does not gets exposed in the courts. Therefore, a much
needed legislative and judicial reform is required to incorporate such provisions and
judicial processes in the Indian laws.

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