Special law against child abuse soon

The Ministry of Women and Child Development has proposed to enact a stringent law for "protection of children from sexual offences". The law wants cases of child abuse to be followed up by the police diligently, evidence recorded and investigation and trial conducted. However, child rights activists complain that the proposed bill does not address important issues, such as, cases within the family. According to Krishna Tirath, Union Minister for Women and Child Development, the main aim of the bill is to address sexual abuse and exploitation of children.

"We have tried to cover all aspects to provide better protection through stringent punishment. Below 16 years will be a sexual offence irrespective of whether there is consent or not. I would like to mention that an earlier news item (in another newspaper on the age of consent being 12 years) seems to be quoting provisions of a draft bill prepared by the National Commission for Protection of Child Rights which is not the final draft," she told this newspaper.

Certain important aspects of sexual offences covered under the bill are: Sexual assault, aggravated penetrative sexual assault, sexual harassment, assault by armed and security forces and school authorities; inflicting HIV/AIDS or any other life-threatening disease will be seen as an aggravated form of sexual assault; the punishment for penetrative sexual assault has been proposed as at least five years in jail and a minimum fine of Rs 50,000; for speedy trials state governments have been mandated to designate a special court in each district to try offences under the bill. Amod Kanth, chairperson of Delhi Commission for Protection of Child Rights, believes that the bill does not address the real issues: "Nearly 52% of children suffered child abuse in India in 2007 and Delhi was on top. Nearly 75% of the cases are from family and close associates and 80% of such cases are not reported. Penetration cases have increased by nearly 20-30% in a span of two years. Will this be addressed? I don't think so."

6 February 2011 — The Sunday Guardian.