Status of Children in India

Introduction

One of the biggest social stigmas attached to a society is that of child

abuse. A child can be abused physically, sexually or mentally. It can
be in the form of injury, neglect or negligent treatment, blaming, forced
sexual stimulation and activity, incest exploitation and sexual abuse.

Child abuse can take place in homes, schools, orphanages,

residential care facilities, on the streets, in the workplace, in prisons
and in places of detention. Violence in any form has a very deep
impact on the overall development of the child. Child abuse results in
actual or potential harm to the child's health, survival, development
and dignity.

53% of children in India face some form of child sexual abuse.

According to the National Crime Records Bureau, the cases of rape
and murder of children increase every year. The growing complexities
of life and the changed social economic conditions have exposed the
children to new and different forms of abuse. But the sad state of the
affairs is that such heinous acts are reported less. It has such a
psychological impact on the mind of the child that he seldom gathers
the courage to speak about the act being committed against him. If
even if he confides the fact with someone, the social factors let the
fact being dumped under the fear of family reputation and other
related issues. In fact child abuse is a violation of the basic human
rights of a child.

What is child abuse?

As per the definition given by UNICEF, violence can be physical and

mental abuse and injury, neglect or negligent treatment, exploitation
and sexual abuse. Violence may take place in homes, schools,
orphanages, residential care facilities, on the streets, in the workplace,
in prisons and in places of detention. Such violence can affect the

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normal development of a child impairing their mental, physical and
social being. In extreme cases abuse of a child can result in death.

Child abuse has many forms: physical, emotional, sexual, neglect, and
exploitation. Any of these that are potentially or actually harmful to a
child's health, survival, dignity and development are abuse.

Child abuse is a state of emotional, physical, economic and sexual

maltreatment meted out to a person below the age of eighteen and is
a globally prevalent phenomenon. However, in India, as in many other
countries, there has been no understanding of the extent, magnitude
and trends of the problem.

The growing complexities of life and the dramatic changes brought

about by socio-economic transitions in India have played a major role
in increasing the vulnerability of children to various and newer forms of
abuse.

Child abuse has serious physical and psycho-social consequences

which adversely affect the health and overall well-being of a child.
According to WHO: ''Child abuse or maltreatment constitutes all forms
of physical and/or emotional ill-treatment, sexual abuse, neglect or
negligent treatment or commercial or other exploitation, resulting in
actual or potential harm to the child's health, survival, development or
dignity in the context of a relationship of responsibility, trust or power.''

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Child abuse is a violation of the basic human rights of a child and is an
outcome of a set of inter-related
familial, social, psychological and economic factors. The problem of
child abuse and human rights violations is one of the most critical
matters on the international human rights agenda. In the Indian
context, acceptance of child rights as primary inviolable rights is fairly
recent, as is the universal understanding of it.

The National Study on Child Abuse undertaken by the Ministry of

Women and Child Development, Government of India, in 2005,
attempts to understand the extent of the problem, its dimensions as
well as its intensity. In addition, it examines two aspects:

1. Strategies to address the problem of child abuse

2. Identification of areas of further research, based on the findings
of the study.

Types of child abuse

Sexual Abuse

Sexual abuse is inappropriate sexual behaviour with a child. It

includes fondling a child's genitals, making the child fondle the adult's

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genitals, intercourse, incest, rape, sodomy, exhibitionism and sexual
exploitation. To be considered child abuse, these acts have to be
committed by a person responsible for the care of a child (for example
a baby-sitter, a parent, or a daycare provider), or related to the child. If
a stranger commits these acts, it would be considered sexual assault
and handled solely by the police and criminal courts.

Physical abuse

Physical abuse can be defined a situation in which a child suffers, or is

likely to suffer, significant harm from an injury inflicted by the child’s
parent or caretaker. It is more visible form of abuse among working
children than children who normally resides with the parents. If a child
failed in executes the order of his boss the boss may get angry and
beat, burn, fracture, abrasion etc. Boys are more batten than girls.
Also school going children well be more beaten by the other children.

1. Unexplained or repeated injuries such as welts, bruises, or

burns.
2. Injuries that are in the shape of an object (belt buckle, electric
cord, etc.)
3. Injuries not likely to happen given the age or ability of the child.
For example, broken bones in a child too young to walk or climb.
4. Disagreement between the child's and the parent's explanation
of the injury.

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 5. Unreasonable explanation of the injury.
6. Obvious neglect of the child, (dirty, undernourished,
inappropriate clothes for the weather, lack of medical or dental
care).

Emotional abuse

The World Health Organization (WHO) has defined emotional abuse

to include the failure to provide a developmentally appropriate,
supportive environment, including the availability of a primary
attachment figure, so that the child can develop a stable and full range
of emotional and social competencies commensurate with her or his
personal potentials and in the context of the society in which the child
dwells. There may also be acts towards the child that cause or have a
high probability of causing harm to the child's health or physical,
mental, spiritual, moral or social development.

These acts must be reasonably within the control of the parent or

person in a relationship of responsibility, trust or power. Acts include
restriction of movement, patterns of belittling, and denigrating,
threatening, scaring, discriminating, ridiculing or other non-physical
forms of hostile or rejecting treatment.

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Examples of these acts are restricting movement, threatening,
scaring, discriminating, ridiculing, belittling, etc. In India a rising
concern is the pressure children feel to perform well in school and
college examinations, which can be seen as a form of emotional
stress and abuse. The children who had undergone emotional are
more prone to depression, estrangement, anxiety, low self-esteem,
inappropriate or troubled relationships, or a lack of empathy.

Neglect

Neglect or negligent treatment is purposeful omission of some or all

developmental needs of the child by a caregiver with the intention of
harming the child. This includes the failure of protecting the child from
a harmful situation or environment when feasible. Not providing
adequate food or clothing to the child, not providing adequate medical
care, rejection and abandonment, failure to provide appropriate
schooling, lack of emotional support and love are some forms of
neglect. Our Indian society has a special affection for sons and this
scenario the daughters are often neglected by the families while the
sons are given preference in everything. Children who face neglect
from their family and friends become quite suffer from psychological
complications. It again affects their physical and mental growth and
often such children turn very aggressive also.

Child abuse and neglect can be defined as the intentional, non

accidental injury, malnutrient of children by parents, caretaker,
employers or others including those individuals presenting

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Government/non Government bodies which may lead to temporary or
permanent impairment of their physical, mental, psycho-social
development, disability of death. Children, particularly infants, are
perhaps the most vulnerable victims of crime, because of their very
great dependence upon their parents. Its is a tragic fact that children
suffer to a fall greater extent as the hands of parents and their friends
then they do as the hands of strangers. This type of abuse can be
further classified in to physical neglect, emotional neglect, moral
neglect and social neglect.

Child abuse in India

Nineteen percent of the world's children live in India. According to the

2001 Census, some 440 million people in the country today are aged
below eighteen years and constitute 42 percent of India's total
population i.e., four out of every ten persons. This is an enormous
number of children that the country has to take care of. While
articulating its vision of progress, development and equity, India has
expressed its recognition of the fact that when its children are
educated, healthy, happy and have access to opportunities, they are
the country's greatest human resource.

The National Policy for Children, 1974, declared children to be a

'supreme national asset'. It pledged measures to secure and
safeguard all their needs, declaring that this could be done by making
wise use of available national resources. Unfortunately, ten
successive Five Year Plans have not allocated adequate resources to
meet the needs of children.

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An exercise on child budgeting carried out by the Ministry of Women
and Child Development revealed that total expenditure on children in
2005-2006 in health, education, development and protection together
amounted to a mere 3.86%, rising to 4.91% in 2006-07.

The share of resources for child protection was abysmally low at

0.034% in 2005-06 and remained the same in 2006-07. Available
resources have also not been utilized effectively for achieving
outcomes for children. As a result, the status and condition of children
have remained far from secure.

Harmful traditional practices like child marriage, caste system and

discrimination against the girl child, child labour and Devadasi tradition
impact negatively on children and increase their vulnerability to abuse
and neglect. Lack of adequate nutrition, poor access to medical and
educational facilities, migration from rural to urban areas leading to
rise in urban poverty, children on the streets and child beggars, all
result in breakdown of families. These increase the vulnerabilities of
children and expose them to situations of abuse and exploitation.

According to the report published in 2005 on 'Trafficking in Women

and Children in India', 44,476 children were reported missing in India,
out of which 11,008 children continued to remain untraced. India,
being a major source and destination country for trafficked children
from within India and adjoining countries has, by conservative

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estimates, three to five lakh girl children in commercial sex and
organized prostitution

Major findings:

It has very clearly emerged that across different kinds of abuse, it is

young children, in the 5-12 year group, who are most at risk of abuse
and exploitation.

Physical Abuse

1. Two out of every three children were physically abused.

2. Out of 69% children physically abused in 13 sample states,
54.68% were boys.
3. Over 50% children in all the 13 sample states were being
subjected to one or the other form of physical abuse.
4. Out of those children physically abused in family situations,
88.6% were physically abused by parents.
5. 65% of school going children reported facing corporal
punishment i.e. two out of three children were victims of corporal
punishment.
6. 62% of the corporal punishment was in government and
municipal school.
7. The State of Andhra Pradesh, Assam, Bihar and Delhi have
almost consistently reported higher rates of abuse in all forms as
compared to other states.
8. Most children did not report the matter to anyone.
9. 50.2% children worked seven days a week.

Sexual Abuse

1. 53.22% children reported having faced one or more forms of

sexual abuse.
2. Andhra Pradesh, Assam, Bihar and Delhi reported the highest
percentage of sexual abuse among both boys and girls.
3. 21.90% child respondents reported facing severe forms of sexual
abuse and 50.76% other forms of sexual abuse.

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 4. Out of the child respondents, 5.69% reported being sexually
assaulted.
5. Children in Assam, Andhra Pradesh, Bihar and Delhi reported
the highest incidence of sexual assault.
6. Children on street, children at work and children in institutional
care reported the highest incidence of sexual assault.
7. 50% abuses are persons known to the child or in a position of
trust and responsibility.
8. Most children did not report the matter to anyone.

Emotional Abuse and Girl Child Neglect

1. Every second child reported facing emotional abuse.

2. Equal percentage of both girls and boys reported facing
emotional abuse.
3. In 83% of the cases parents were the abusers.
4. 48.4% of girls wished they were boys.

The gravity of the situation demands that the issue of child abuse be
placed on the national agenda. The Ministry on its part has taken
measures such as the enabling legislation to establish the National
and State Commissions for Protection of Rights of the Child, the
Integrated Child Protection Scheme, the draft Offences against

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Children Bill etc. These are a few important steps to ensure protection
of children of the country. But clearly, this will not be enough, the
government, civil society and communities need to complement each
other and work towards creating a protective environment for children.
The momentum gained needs to enhance further discussion on the
issue amongst all stakeholders and be translated into a movement to
ensure protection of children of this country.

Status of India’s Children

The Constitution of India contains a number of provisions for the

protection and welfare of the children. It has empowered the
legislature to make special laws and policies to safeguard the rights of
the children. Some of the National Policies are:-

1. The major policies that have been formulated to ensure child

rights and improvement in their status are:
2. National Policy for Children, 1974
3. National Policy on Education, 1986
4. National Policy on Child Labour, 1987
5. National Nutrition Policy, 1993
6. Report of the Committee on Prostitution, Child Prostitutes and
Children of Prostitutes and Plan of Action to Combat
7. Trafficking and Commercial Sexual Exploitation of Women and
Children, 1998
8. National Health Policy, 2002
9. National Charter for Children, 2004
10. National Plan of Action for Children, 2005

While on the one hand girls are being killed even before they are born,
on the other hand children who are born and survive suffer from a
number of violations. The world's highest number of working children
is in India.

To add to this, India has the world's largest number of sexually

abused children; with a child below 16 years raped every 155th

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minute, a child below 10 every 13th hour and one in every 10 children
sexually abused at any point of time.

Most subtle forms of violence against children such as child marriage,

economic exploitation, practices like the 'Devadasi' tradition of
dedicating young girls to gods and goddesses, genital mutilation in
some parts of the country are often rationalized on grounds of culture
and tradition. Physical and psychological punishments take place in
the name of disciplining children and are culturally accepted. Forced
evictions, displacement due to development projects, war and conflict,
communal riots, natural disasters - all of these take their own toll on
children. Children also stand worst affected by HIV/AIDS. Even those
who have remained within the protective, net stand at the risk of falling
out of it.

Child Participation

Children in most sections of Indian society are traditionally and

conventionally not consulted about matters and decisions affecting
their lives. In the family and household, the neighbourhood and wider
community, in school or in work place, and across the settings of
social and cultural life, children's views are mostly not given much
importance.

If they do speak out, they are not normally heard. The imposition of
restrictive norms is especially true
for girl children. This limits children's access to information and to
choice, and often to the possibility of seeking help outside their
immediate circle.

Following Acts were enacted for the welfare and protection of the
rights of the children:

1. The Indian Penal Code, 1860

2. The Pre-natal Diagnostic Techniques (Regulation and Prevention of
Misuse) Act, 1994
3. The Juvenile Justice (Care and Protection of Children) Act, 2000

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4. The Immoral Traffic (Prevention) Act, 1956
5. Child Labour (Prohibition and Regulation) Act, 1986
6. The Prohibition of Child Marriage Act, 2006
7. The Commissions for the Protection of Child Rights Act, 2005
8. Protection of Children Against Sexual Offences Act, 2012

Conclusion

Although child abuse is a pervasive and complex problem with many

causes, we should not take a defeatist attitude toward its prevention.
Despite the absence of strong evidence to guide our preventive
efforts, physicians can do many things to try to prevent abuse. At the
very least, showing increased concern for the parents or caregivers
and increasing our attempts to enhance their skills as parents or
caregivers may help save our most vulnerable patients from the
nightmare of abuse and neglect.

In sum, rape and sexual abuse of children in India is a large problem

without an easy solution. Though the issue persists worldwide, India’s
culture which traditionally keeps women below men, makes talk of
private matters such as such unallowable, and a corrupt and weak
legal system when it comes to rape makes the problems even larger.
However, the situation could be improved by appropriately educating
children and adults on sexual abuse, and educating police and
strengthening laws. Further women’s empowerment may lead to
healthy changes as well.

It is clear that we as physicians cannot hope to solve the problem of

child abuse by ourselves. Many things need to happen at
international, national, state and community levels to prevent child
abuse. The physician who is concerned for the welfare of children
should be an advocate for more accessible, affordable and high-
quality child and health care in the local community. Studies have
shown that countries with the most generous social services have the
lowest rate of child homicide.16 Physicians should lobby for greater
availability of drug and alcohol treatment programs, more shelters for
the homeless, more accessible mental health care and more shelters

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for abused women and children. These programs and those that
provide parenting skills, support groups and respite care for parents
and caregivers should be available in every community.

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