“ when you feel caught in the web of childhood abuse, find words to describe it. Write them, say them, express them in safe places with safe people –
“JEANNE MCELAVANEY”2
Introduction :
A child is a human between the stages of birth and puberty. The legal definition of child generally refers to a minor, otherwise known as a person younger than the age of majority. Child sexual abuse or child molestation is a form child abuse in which an adult or older adolescent uses a child for sexual stimulation. Historically, child sexual abuse has been a hidden problem in
India, largely ignored in public discourse and by the criminal justice system. Until recently, child sexual abuse was not acknowledged as a criminal offence ,rape was the main, If not the only, specific sexual offence against children recognized by law in India. In the absence of specific legislation, a range of offensive behaviours such as child sexual assault(not amounting to rape), harassment, and exploitation for pornography were never legally sanctioned.
Child sexual abuse has recently been publicly acknowledged as a problem in India. A welcome development has been the enactment of a special law-Protection of Children against sexual offences (POSCO) 2012-criminalising a range of acts including child rape, harassment and exploitation for pornography. The law mandates setting up of special courts to facilitate speedy trails in child sexual abuse cases.
The paper highlights the intended benefits and the unintended consequences that might arise from the application of the law in the Indian context .Undoubtedly, the passing of POSCO has been a major step forward in securing children’s right and furthering the cause of protecting children against sexual abuse in conjunction with a related legislation to clamp down on child marriages called the Prohibition of Child Marriage Act 2006. The letter and the spirit of law,which defines a child as anyone under 18 years of age, is to protect children from sexual abuse.
madan gopal v. Naral dubey
Though all sexual assaults on female children are not reported and do not come to light, yet there is an alarming and shocking increase of sexual offences committed on children. This is due to the reasons that children are ignorant of the act of rape and are not able to offer resistance and become easy for prey for lusty brutes who display the unscrupulous deceitful and insidious art of luring female children and young girl.
