LAW AGAINST ABUSE OF CHILDREN

Article Abstract by: ashok priyadarshi

Original Author: ASHOK PRIYADARSHI

Summary rating: 3 stars (10 Ratings)
Visits : 556
words:900
Comments : 1

LAW AGAINST ABUSE OF CHILDREN


ASHOK PRIYADARSHI

Sexual Exploitation and Abuse of Children has become a major problem, means and majors are being searched to curb this social evil. The Supreme Court of India in Sakshi vs. Union Of India (1999) 6 SCC 591 has also expressed its anxiety and has requested the Law Commission Of India to express its view on the topic in light of Sections 375 & 376 of the Indian Penal Code.
An exploiter or an abuser not only violates the victim''s privacy and personal integrity, but inevitably causes serious psychological as well as physical harm in the process of rape, a part of sexual exploitation, which is not merely a physical assault - it is often destructive of the whole personality of the victim. A murderer destroys the physical body of his victim, but a rapist degrades the very soul of the helpless victim. The courts, shoulder a great responsibility while trying an accused on charges of rape and deal with such cases with utmost sensitivity” holds the Supreme Court in T. K. Gopal Alias Gopi, V. State Of Karnataka, (2000) 6 SCC 168.
The Supreme Court in State of Karnataka, v. Krishnappa, (2000) 4 SCC 75 has expressed anguish on the Karnataka High Court ''s" lacking sensitivity" towards a child rape victim and increased the sentence of the accused and held that where a child is involved punishment can not depend on the social status of the victim or of the accused, the reduction of sentence should not be in a mechanical manner without proper application of mind, on the ground long lapse of time and the prosecutrix might have got married and settled in life. State Of Andhra Pradesh Vs. Palamala Raju (2000) 7 SCC 75
The media has played a great role in bringing into light the sexual abuse and exploitation of children, the events are such that it is beyond ones'' imagination and belief and has helped the society in raising voice against such crime and the government and police machinery in booking the criminals and in controlling the crime. The Supreme Court in State Of Maharastra Vs. R.J. Gandhi (1997) 8 SCC 386 has warned the media that the crime against the children should not be glorified by their reporting.
Studies show that persons, who are holding trust and power vis-à-vis, have sexually exploited and abused the child and the abuse is done in different forms:
¨      In cases of child labour and domestic workers by the employer and other adults as sexual gratification. Further the migrants, refugees, displaced children are the worst sufferers, as there is no record regarding them.
¨      In some institutions, those who are supposed to provide care and protection, sexually abuse children.
¨      It is unfortunate that the increasing number of sexually transmitted diseased has increased the demand of child prostitutes and the children have become the victim of international flesh trade, specially at tourist centers
¨      In India, cultural and traditional factors leading to child marriage have led to the sexual abuse of the child, primarily the tender aged girl child.
Various investigations and studies have proved that the exploitation, which a child is facing, is in every walk of life and the worst sufferer is the girl child.
Today, the world’s opinion is to give equal rights to both, male and female childrespective of their sex, so as the juvenile is brought out from the cover of neglect and injustice. The exploitation, which a child has to face in every walk of life, have compelled the members of the United Nations to come out with the Convention On The Right Of The Child.   The main motto behind it is not only to give the children there right but also to protect them from abuse and exploitation in any form.
            In the Indian context, laws have been framed and the existing laws have been made more effective. The Supreme Court in Vishka vs. State Of Rajasthan AIR 1997 S.C.3011 holds that the International Conventions and norms, consistent with the spirit of fundamental rights, can be read into those rights for interpreting them in the larger context to promote the objects of the Constitution of India.
A three-Judge bench of the Supreme Court in Umesh Chandra AIR 1982 SC 1057 after considering the preamble, aims and objects and Sections 3 and 26 of the Rajasthan Act, held that the Act being a piece of social legislation is meant for the protection of infants who commit criminal offences and, therefore, such provisions should be liberally and meaningfully construed so as to advance the object of the Act.
Juvenile Justice Act, 2000 with its amendment in 2006 , in its present form has been enacted in discharge of the obligation of our country to follow the United National Standard a conjoint reading of the Sections, preamble, aims and objects of the Act leaves no manner of doubt that the legislature intended to provide protection, treatment, development and rehabilitation of neglected or delinquent juveniles and for the adjudication thereof. The Act being a piece of social legislation is meant for the protection of infants who commit criminal offences and, therefore, such provisions should be liberally and meaningfully construed so as to advance the object of the Act. AIR 2005 SUPREME COURT 2731 "Pratap Singh v. State of Jharkhand"

Published: June 03, 2007

Please Rate this Review :

More in Law & Politics

More summaries by ashok priyadarshi

Comments & Reviews about LAW AGAINST ABUSE OF CHILDREN

Showing 1 out of 1 Add your comment

0 Ratings Monday, June 29, 2009
1
DAD981934

Height of impracticality

When adults are not able to excercise their rights, we are expecting children to understand their rights, and fight for them. Quite often, they are not even aware of what is molestation, and rape.At times, parents force them to be quiet about it fearing social stigma and ostracising, and in yet other cases, it is the parents themselves who feel their children have been raped anyway, so they seek gratification through blackmail. Whom should the child approach?