By Shivalika Singh

Trigger Warning

This article discusses information on child sex abuse in India, which may be upsetting or triggering for some readers.

Abstract 

Millions of unheard voices of children in India suffer the devastating trauma caused by child sexual abuse. Despite legal measures to address the issue, the stigma coupled with the lack of awareness surrounding the issue exacerbates the situation. This article explores the role schools in India can play in bridging the policy gap between legislation and the ground reality, which can actually help in bringing about a shift in  society.  

A survey conducted by Outlawed India, as part of their Safe School initiative, revealed an alarming observation regarding the state of safety in schools across India. While the responses were collected from more than 200 schools across India, the majority of responses emphasised that the schools lacked adequate safety measures to prevent child sexual abuse. With numerous laws in place, the survey has highlighted how, without the support of schools, it is nearly impossible to ensure the safety of children in India and resolve the intensifying issue  of child sexual abuse. 

International Law

India is a signatory to the Convention on the Rights of the Child (CRC), which forbids the sexual exploitation and abuse of children and, in accordance with Article 19 of the convention, calls on states to take all necessary precautions to shield children from all forms of abuse and violence. Further, the Universal Declaration of Human Rights, adopted by over 192 countries, including India, asserts that children require special protection and care before and after birth, including appropriate legal protection. While these international laws and treaties have outlined an important framework for the protection of children, it is the principles adopted in domestic laws that ultimately determine the fate of these young individuals.

Why are laws not the saviour? 

Initially, criminals accused of child sexual abuse were prosecuted under the Indian Penal Code, 1860, under Sections 375 (rape), 354 (outraging a woman’s modesty), and 377 ( unnatural offences). Later, however, the legislature felt the need to enact a special legislation that specifically protected children from sexual offences, resulting in the passage of the Protection of Children from Sexual Offences (POCSO) Act, 2012. While this legislation was an important step towards ensuring a better legal framework to address the issue, the law came with its own set of problems. With a low conviction rate of 14.03% and poor implementation, the act has shown limited effectiveness in ensuring justice for the victims of child sexual abuse. Statistically speaking, over 43,000 cases were registered under POCSO in the year 2020, which appears to be an alarming number, but the fact is that even today, a majority of cases are not even filed to demonstrate a true picture of the problem. In such a scenario, laws are left to be nothing more than words on paper and fail to serve their purpose. Hence, it becomes pertinent to address alternative policy interventions that can help in tackling the issue in a more efficient manner.

How Schools can bring a Shift 

One of the major challenges pertaining to the issue of child sexual abuse is the lack of disclosure by the victim. Underreporting of cases has several linked causes, but primarily the lack of awareness among the victims, who in these cases are children, to even understand the abuse is the most disturbing. As studies have suggested, the abusers are someone that the children usually know, making it difficult for the child to understand and report the abuse. Further stigmatised by friends and family, these victims are silenced and fail to report such abuse.

This is where schools can offer hope for these victims, as they can help by creating a safe space that provides the much-needed encouragement for the victim to speak out.  While the National Educational Policy, 2020 failed to even address this issue, some national and state educational boards devised methods to raise awareness, ranging from movie screenings to textbooks with covers depicting good touch and bad touch. These initiatives are much appreciated, but the lack of emphasis on a dialogue and disclosure system highlights the reason for the abysmal state in which we are failing to protect our children.  

Time for a Change?

Several non-profit organisations, such as Arpan, have conducted independent research, demonstrating the need for including Personal Safety Education in the school curriculum.ts impact not only aids the victim psychologically, but also facilitates a support mechanism within the school premises as teachers are also trained in responding to such sensitive issues. While the bruises from childhood trauma cannot be healed completely, efforts from their schools or often known as their ‘second home’ can have an immeasurable impact. It is time for policymakers to go beyond the laws and implement a uniform mechanism that not only helps in creating awareness but also equips schools to provide refuge to the victims of childhood sexual abuse.

About the Author

Shivalika Singh is an undergraduate student of Law at Jindal Global Law School.