Laws and Community Ownership in Preventing Child Sexual Abuse

The World Health Organization defines child sexual abuse (CSA) as “involvement of a child in sexual activity that she/he does not fully comprehend, unable to consent to, or for which the child is not developmentally prepared, or that violates the laws or social taboos of society.”[1] CSA includes an array of sexual activities like fondling, inviting a child to touch or be touched sexually, intercourse, exhibitionism, involving a child in prostitution or pornography, or online child luring by cyber predators. It is extremely difficult to access this population of victims of CSA as they are often either ignored or due to the sensitive and stigmatic nature of the issue.[1] India accounts for nearly 19% of the world’s children. National Crime Records Bureau data (2020) indicate that 28.9% of children are subjected to some form of crime and only 65.6% get reported.[2] The currently available legal provisions include: Protection of Children from Sexual Offences Act 2012[3] The Protection of Children from Sexual Offences Act was enacted to protect children from sexual assault, harassment, and pornography to safeguard and uphold their well-being. Constitution of India[4] The Constitution of India and Directive Principles of State Policy go hand-in-hand to protect every child. The following is the list of fundamental rights that try to protect children. The right to equality The right against discrimination The right to live with dignity, right to personal liberty, and the right to privacy (Article 21) The right to free and compulsory elementary education for children in 6–14 years age group The right against exploitation. Operation Megh Chakra and operation Carbon[5] “Megh Chakra” is a pan-India drive against the circulation and sharing of CSA Material conducted by the Central Bureau of Investigation (CBI). A similar exercise code, named “Operation Carbon,” was conducted by the CBI in November 2021. Ministry of Women and Child Development established “Sakhi”[6] These are One Stop Centers rolling on since 2015. Ministry of Finance, Government of India, has established the “Nirbhaya Fund” for women’s safety pertaining to the strategic areas of prevention, protection, and rehabilitation. Indian Penal Code The exploitation of a trafficked child or rape of a minor is a cognizable and nonbailable offense where there is rigorous life imprisonment with a fine for the accused. COMMUNITY OWNERSHIP Community ownership in CSA refers to community support, ongoing evaluation, well-trained instructors, focus on safety, plan for continued implementation, commitment to report suspected child abuse, and community involvement in the prevention program. Health-care facilities are often the first point of contact for family members of CSA survivors. Periodic sensitization of health staff should be done on identifying cases, showing empathy and due diligence in examination, documentation, prompt management, breaking the stigma around CSA, and creating healing environments for survivors and their families. Perpetration of CSA through technology through social media platforms on safety in online interactions, befriending strangers, parental monitoring, maintaining healthy boundaries and use of telemedicine, weekly IEC sessions, helpline numbers, interactive and engaging techniques can be sought of. Financial support and sponsorship Nil. Conflicts of interest There are no conflicts of interest.