WHETHER CHILD WHO IS TREATED AS GOD IS SAFE IN INDIA?

“ 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.