JAGRAN LAKECITY UNIVERSITY

SCHOOL OF LAW

INTERNAL ASSESMENT-I
CRIMINAL LAW-I

SUBMITTED TO- SUBMITTED BY-

Dr. Sobha Bhardwaj Kohina Jain(2019BLLB088)

Associate Professor Manali Agrawal(2019BALLB090)

JLU School of Law

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TOPIC:

CHILD SEXUAL ABUSE

1. INTRODUCTION:

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 There is a serious problem ailing every segment of our society today-be it India or any other
country. Even a two minute long glance at the headlines on any given day would suffice to show
the gravity of the matter. Yet, no one talks about it. The subject is taboo. We do not discuss the
terms ‘sex’, ‘children’ and ‘violence’ in the same sentence or breathe.
Sexual Violence and abuse against children is prevalent evil that needs to be addressed and
redressed. A survey participated in by more than 45,000 children in the 12-18 age group, across
26 states in the country, revealed that one of every two children is a victim of child sexual abuse.
The surveys conducted by Humanitarian Aid Organization, World Vision India, also revealed
that one in every five children do not feel safe because of the fear of being sexually abused. It is
also said that one in four families do not come forward to report the cases of child abuse. These
figures are really disturbing and thus it is important to address the issue.
Fortunately, children can be armed with information needed to protect them and prevent such
occurrences. Unfortunately, that might not be enough. It is said that “It takes a village to raise a
child”. Thus, it is important to not only provide information and tips to children but also to their
caregivers, like parents and teachers.1
2. MEANING AND DEFINITION OF CHILD SEXUAL ABUSE:
Plainly stated, Child sexual abuse or CSA includes any attempted or completed act of sexual
gratification with or engaging or involving a child who is forced, coerced, threatened against his
volition. Thus, it is a mental or physical violation of a child with sexual intent, generally by a
person who is in position of power and trust vis-à-vis the child. Such violation can be for
commercial gain as well. This is a brief definition but with far reaching, multifarious
implications.
It is important to note that ‘child’ here means any person below 18 years of age. The term is
gender neutral and includes children of all genders.
The United Nations has defined child sexual abuse as contacts or interactions between a child
and an older or more knowledgeable child or adult (a stranger, sibling or person in position of
authority, a parent or a caretaker) when the child is being used as an object of gratification for
the older child’s or adult’s sexual needs. These contacts and interactions are carried out against
the child using force, trickry, bribes, threats, threats or pressure. In such circumstances, the child
is never able to a free and informed decision and can never be said to have consented.
1
https://www.thehindubusinessline.com/news/pocso-act-amended-death-penalty-for-child-sex-
abuse/article28363265.ece

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 The New South Wales Child Protection Council definition states, ‘Child sexual assault occurs
when the adult or someone bigger than the child uses his power or authority over the child and
take advantages of the child’s trust and respect to involve the child in sexual activity. In all cases,
the offender/abuser has more power than the child and misuses that power to take advantage of
the child.’2

3. TYPES OF CHILD SEXUAL ABUSE

Children are at highest risk of sexual abuse from ages seven to 12, although sexual abuse among
very young children does occur and is often undetected because of their inability to communicate
what is happening to them. Child sexual abuse victims mostly selected because they are resistless
kind off (e.g., very young, passive, quiet, needy). Girls are the often victim of child sexual than
boys, however it is possible that boys are less likely to report their victimization might be they
hesitate. CSA can take various form. They can also be categorized in more than one way:

 Hands on- Hands off

 Direct Contact- Indirect Contact
 Physical- Mental
 Known Person- Stranger
 Home/ Outside Community

2
Amoli Trust: What to do if a children reveals sexual abuse to you

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These are explain are as follows:

 Hands On- A hand- on abuse is where offender physicaaly touches the child with sexual intent.
This abuse can be subject to numerous amounts of acts such as; touching one unclothed or
clothed, child prostitution encouragement, intentional engagement of sexual activity .- eg.
Fondling.
 Hands Off- A hand- off abuse happens when the offender does not physically touch the child
but still uses him/her for sexual gratification.- eg. Voyeurism.
 Physical- Again, this is a form of abuse where there is direct physical contact between a child

victum and his/her abuser. Child rape is the most horrific form of Physical sexual abuse, which
can prove to be fatal, in most cases. Sexual abuse affects the child, both physically and
psychologically. Harm caused to the children due to physical sexual abuse are internal organs
damage , bleeding, exposure to sexually transmitted diseases (STDs), several neurological
conditions such as improper functioning of the brain, untimely pregnancy in case of girls, and
death in many cases.
 Mental/ Emotional/ Psychological- This form of abuse may not result from physical abuse but
still amount to sexualization and violation of the child- eg. Making a child watching
pornography. Psychologically, the child may face conditions such as mental trauma, depression,
loss of self-confidence or low self-esteem, anxiety or symptoms of self-destruction that may
eventually lead to suicide. It is a pity that a large number of such cases go unreported every year,
as many children who undergo this trauma are either scared to tell the elders or are not taken

seriously. 
 Known Person- More than 90% of child sexual abuses involve people who happen to occupy a
trust position in child’s life and are known to him since birth. The amount of mental anguish,
confusion and deep behavioral impact resulting in the child- is obviously immense A perpetrator
does not have to be an adult to harm a child. Perpetrator may have any relation to the child they
might be an older sibling or playmate, family member, a teacher, a coach or instructor, a
caretaker, or the parent of another child. It is the result of abusive behavior that takes advantage
of a child’s inocence and is in no way related to the sexual orientation of the abusive person.
If we oberserve India’s social and historical background where child marriage was the prevalent,
the infestation of CSA- at the hands of the known entities is very deep rooted.

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 Stranger- As the term suggested, this form of sexual abuse is perpetrated by a unknown person
and usually involve additional crimes like abduction, kidnapping, trafficking, prostitution, etc.
 Home- Since most abuses take place by known person, a child is most likely to get violated
within the four walls of his own home.
 Community- Outside the confines of one’s home, a child is most vulnerable at place like his
neighbourhood and schools. This form of sexual abuse take place in the community that
sorround the child.

Based on these form of child sexual abuse, the following types of violence can take place
against a child.

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G
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r Rape and Assault: Rape implies oral, vaginal or anal intercourse with penetration. When done
without penetration, such acts amount to sexual assault. The Indian legislation aimed at protecting
children from sexual offences does not use the term Rape; the terminology used for this offence is
‘penetrative sexual assault’. However, as per the Supreme Court of India, sexual intercourse or
relations between man and wife, if she is below 18 years of age, will automatically amount to rape3.

Exhibitionism and Voyeurism: As the term suggests, exhibitionism means to put your body on
display. When taken in context of CSA, exhibitionism is exposing one’s genitals on purpose to
attract the attention of a child or to cause sexual interest in him. Voyeurism means getting aroused
from looking at other’s naked bodies and genitals or at other sexual acts from a hidden location-
such as watching a child taking bath or change clothes, or even watching another person violate a
child. This is a form of non-contact sexual abuse.

Grooming: Child grooming is generally understood as the practice of befriending and forming an
emotional bond with a child by a person with the objective of sexual abuse. Incidents of child
grooming have escalated sharply with the advent of the internet. It is increasingly taking place
online, through public chat-rooms and social media. Moreover it is difficult for parents to monitor
the activities of their children on the internet.

Independent Thought vs. Union of India and Ors.(11.10.2017)

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 Fondling and Molestation: Fondeling and Molestation involves actual physical contact with the
child victim. It is the touching and caressing of intimate body parts and genitals for sexual arousal
and gratification. It may also involve forcing the child to touch the offender’s private parts. The
abuse of fondling and molestation may also, to an extent, involve masturbation- either in fromt of a
child, or with him as an unwilling participate.

Child Trafficking and Prostitution: The kidnapping and/or selling of a child is called child
trafficking. The selling of a child’s body for use in sexual acts is called child prostitution.s

4. CONSEQUENCES AND IMPACT OF SEXUAL ABUSE:

It is common knowledge that the consequences of having experienced sexual violence-abuse and trauma
are many and far reaching. The situation is even worse when such instances occur in the emotional,
societal and physical developmental stages of childhood. Although it is impossible to calculate the
extent of permanent scarring that takes place in a child, a few consequences or results of child sexual
abuse are as follows:

 Death: Sexual violence when committed on a child of a very tender age can result in the death of
the child. More recently, children and rape victim ms are being murdered by perpetrators to
prevent getting caught. A child can sometimes be so traumatized so as to commit suicide as well.
 Severe Injuries: Similar to the above, the use of force on a child to make him comply,
especially by an adult or older child will result in severe injuries. This gets further aggravated
when the abuse is in the form of rape.
 Negative Coping/Behavioral Issues: A child experiencing sexual abuse will be confused and
might also try to blame himself as he does not understand what is happening. As a result, he will
act out or will resort to childhood behavior like bed wetting, thumb sucking. In some cases, a
child may stop talking and remain silent.
 Unintended Pregnancies: Reported cases show pregnancies as a result of sexual abuse in
victims as young as 8-10 years. Not only are their young bodies not suited to carry a child or
mentally equipped to handle the strain and consequences. Such unintended pregnancies may be
potentially fatal for the victims.
 Infertility: Sometimes the force exerted on a child might result in such severe trauma that the
victim might be rendered infertile.

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 Non-Communicable Diseases and STDs: Sine most cases of sexual abuse happen without
using protection/contraceptives- the victim might end up contracting a sexually transmitted
disease.
 Impair Brain and Nervous Development: Suffering such extreme trauma at a young age might
result in retarded mental growth of the child as well as sluggish cognitive function.
 Abusive/Violent Behavior towards others: Studies have shown that the victims of sexual abuse
tend to inflict similar abuse on victims smaller or younger than themselves as a way to cope with
trauma or to understand what happened to them.
 Runaway, Dropouts, Juvenile Delinquency: High Risk Behavior- Reports show that most
runaways from homes, school dropouts and underage criminals/offenders, known as juvenile
delinquents, have experiences sexual abuse a child.

5. LEGAL FRAMEWORK FOR CSA

a. GOA CHILDRENS ACT, 2003
It was the only legislation in India that deal with the sexual offences against children specifically
before the POCSO Act came. Child under this act is define under section 2(d) as any person who is
below or has not completed eighteen years of age. But there is also variation in GCA age for child
labour is 14 years, for rape it is 16 years and for other offences it is 18 years. GCA is the first state
legislation for child sexual abuse under the UNCRC in India. This act has given holistic approach to
the victims in the case of child abuse. Notwithistanding, of this approach there are number of cases

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where the police hesisitate to registered the complaint of child sexual abuse. The act provide
stringent punishment to the offenders. This Act expanded abuse of a child and defined them into
child abuse, grave sexual assault and incest. Children’s Court has been established for the state of
Goa in the year 2004. This formation of the children’s court came only after filing of a writ petition
by an NGO Bailacho Saad. The intention was for thespeedy trial and adoption of child friendly
procedure so that this court was constituted.

b. INDIAN PENAL CODE, 1860

Crimes related to child sexual abuse before the formulation of POCSO ACT were dealt under Indian
Penal Code. Following are the sections under which Child sex abuse crimes were prosecuted under
IPC,1860

 I.P.C (1860)- Section 375 Rape

 I.P.C (1860)- Section 354 Assault or criminal force to Women with intent to outraging the
modesty of women
 I.P.C (1860) – Section 377 defines Unnatural Offences

The I.P.C did not sufficient for the protection of child and criminalization of conventional sexual
abuses which are different from the cenvention crimes that are mention above in the form of
Child Trafficking, Prostitution, Sale Of Children.
Loopholes that were present in the I.P.C which could not protect child from sexual offences are
as follows:

 Section 375 of IPC it doesn’t protect male victims or anyone from sexual acts of penetration
other than “traditional” peno-vaginal intercourse it happens vey often in society.

 Section 354 of I.P.C it lacks a statutory definition of “modesty”.It has very less penalty and is a
compoundable offence. Also, it does not protect the “modesty” of a male child which is
important for today’s society.
 SSection 377 of I.P.C, the term “unnatural offences” is not defined properly. It only implement
to victims who are penetrated by their attacker’s sex act, and is not designed to criminalize
sexual abuse of children even though this is very big issue.

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 6. PROTECTION OF CHILD FROM SEXUAL ABUSE ACT, 2012
Now a days, there is sexual harassament and abuse news against children especially the girl child
are becoming victims in most cases. Not only they are misused but also they are even raped and
murdered. The examples are recently, Unavow case, Valayar case, Nirbhaya case 4, Mukesh
verses state (NCT of Delhi) etc. To decrease the number of crimes against the children the
government has introduced certain legislations through various judicial responses.
The Protection of Child from Sexual Abuse Act( POCSO), Act 2012, In 2012 framed in order to
effective address sexual abuse and sexual exploitation of children. To Impliment it in its proper
siprit, pertinents amendments were also intoduced in the Indian Penal Code, 1860, the Code of
Criminal Precedure and the Indian Evidence Act.

Reasons for Enactment of POCSO Act, 2012

The main reason for the formulation of POCSO ACT was the very inadequacy of Indian Penal
Code and lack of rigid legislaton for effectively addressing and tackling grevious crimes such as
sexual abuse and sexual exploitation of childre. Government aims to protect the children from
offences of sexual assault, sexual harassment and pornography5
And to ease the adequate legal machinery for this government established special courts for trail
of specifically offences connected to CSA crimes. According to the Article 15 of Indian
Constitution it is mandatory of states to protect the children of this nation and in keeping of
United Nations Conventions on the Rights of Child prescribed States parties the sets of standards
for securing the best interest of child.

Silent feature of the POCSO ACT

 Firstly, POSCO Act is gender neutral. The consent of the child is immaterial under this act.
 Secondly, this law mandates the reporting and recording of sexual abuse against a child. Section
19(1) of the POSCO Act makes it compulsory to report the offence.
 Thirdly, this act lists the sexual crimes committed against a child. Section 3 of the POSCO Act
states: “A person is said to commit “penetrative sexual assault” if (a) “he penetrates his penis, to
4
(2017) 2 SCC (cri) 673
5
Anubhav Pandey: A short guide to the POCSO ACT

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 any extent, into the vagina, mouth, urethra, or anus of a child or makes the child to do so with
him or any other person”; Since the words “any other person” are used in Section 3(a), women
may also be offenders or victims under the second part of Section 3(a)”.6
 Fourthly, it also provides protection to minors during the judicial process.
 Fifthly, “Section 5(j): “Whoever commits penetrative sexual assault on a child, which in the case
of female child, makes the child pregnant as a consequence of sexual assault.” However, even in
these offences, women can be joined as abettors under Section 16, POCSO Act.7

Provisions of POSCO

 As soon as the matter is reported to the police officer, within 24 hours, the case should be
presented before the Child Welfare Committee.
 The statement of the minor should be recorded in his or her home or his or her favorite place
only by a female police officer.
 This act also provides a speedy trial and in camera proceedings to ensure confidentiality.
 The minor should not be called in the court repeatedly. He or she may be testified through video
from home.
 The medical examination must be conducted by a female doctor, in the presence of a person
whom minor trusted. Consent of the parents or guardians if present, otherwise the consent of
medical professional on the behalf of a minor is required.
 The defense should route all the question through the judge and cannot ask any aggressive or
character assassination questions to the juvenile.
 The minor should not be exposed to accused in any way during the recording of evidence.

Punishment Enumerated Under POSCO

 For penetrative sexual assault, the sentence not less than seven years extended up to life
imprisonment along with fine under section 4 of the POSCO Act.
 Aggravated sexual assault committed by a person of trust or authority like police officer under
section 6 would be punished with not less than ten years and extended up to rigorous life
incarceration and fine.
6
Retrieved on http://www.legalservicesindia.com/article/article/crusading-against-child-sexual-abuse-through-law-
introspecting-the-posco-1908-1.html
7
Ibid

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  For the non-penetrative sexual assault committed by a person with sexual intent must be
punished with not less than three years and extended up to 5 years of imprisonment under section
10 of the POSCO Act.
 Under section 10, if the aggravated sexual assault is done by the authority or by the person of
trust, it would be punished with not less than five years and extended up to seven years of
incarceration.
 For sexual harassment under section 12 of the POSCO Act, prescribes a punishment of 3 years
along with fine.

o “As per section 42 of the POCSO Act, where an act or omission constitutes an offence
punishable under this Act and also under sections 166A, 354A, 354B, 354C, 354D, 370, 370A,
375, 376, 376A, 376C, 376D, 376E or section 509 of the Indian Penal Code, then
notwithstanding anything contained in any law for the time being in force, the offender found
guilty of such offence shall be liable to punishment under this Act or under the Indian Penal
Code as provides for punishment which is greater in degree.”8

6. CHILD SEXUAL ABUSE AND LEGAL CHALLENGES

While Child Sexual Abuse is a multidimensional problem having legal, social, medical and psychological
implications there are certain drawbacks hindering effective prevention and delivery of justice in cases of CSA.
They have been elucidated upon as follows:

 Consent: If the child/adolescent refuses to undergo medical examination but the family member or
investigating officer is insisting for the same, the POCSO Act is silent and does not give clear direction. It
would be prudent to take informed consent from parents when the survivor is a child (below 12 years) and
consent from both, parents and the victim, if the survivor is an adolescent (age group 12-18 years).
However, emergency treatment needs to be initiated without getting into the issue of consent and it
legality in order to protect the life of the child.
 Medical Examination: The POCSO Act mandates that in case of a female child/adolescent victim, the
medical examination should be conducted by a female doctor only. However, the law also mandates the
available officer to provide emergency medical care. While provision of the India Penal Code also
mandates the government medical care officer on duty to examine a rape victim without fail. This
conflicting legal position arises when a female doctor is not available at such times.

8
Ibid

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  Training of concerned professionals: There is an urgent need to train medical personnel, teachers,
judiciary, advocates, and law enforcement agencies on the provision and implications of the POCSO Act,
2012. Research, information, monitoring and sensitizing the public are the biggest challenges. Training all
stakeholders is one of the important variables in providing comprehensive care and justice. There is also
an urgent need to train all medical undergraduates and primary health care doctors in providing child
friendly interview, structured assessment, collecting evidence, providing prophylaxis for sexually
transmitted diseases and HIV, family counseling and regular follow up.
 Role of Mental Health Professionals: The physically definitive signs of violence, abuse and trauma are
seldom seen in cases of child sexual abuse. Hence, the evaluation of child sexual abuse victim requires
special skills and techniques in history taking, forensic interviewing and medical examination. The role of
mental health professionals is crucial in interviewing the child in the first instance as well as in the court
of law. Since, CSA can result in harmful impact on both short-term and long-term mental health; these
professionals need to be involved in follow up care of the victim with regard to emergence of psychiatric
disorders, by providing individual counseling, family therapy and rehabilitation.
 Reporting of Cases: It is well known fact that most cases of child sexual abuse go unreported. Further,
knowing and reporting child sexual abuse is a highly difficult and highly personal decision for many
family members and also for survivors. They are usually torn with embarrassment, ashamed with guilt
and consumed with anger, frustration and emotional turmoil over the abuse. The fear of re- victimization
because of medical examination, criminal justice system and poorly informed society members is also a
great contributor in keeping them silent for long durations of time.

Though the POCSO Act, 2012 is an extremely comprehensive legislation recognizing almost every form of sexual
abuse against children as punishable offence- a few challenges remain to be answered. For its proper
implementation and for the fulfillment of its objectives, a multi-dimensional, multi-agency , and multi-tier
approach including access to psycho-social-legal support is to be made available to deliver holistic comprehensive
care for victims, survivors, and their families.

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 7. PREVENTION OF CHILD SEXUAL ABUSE : ROLE OF THE SOCIETY

As already mentioned, it takes a village to raise a child. While parents might bear the chief responsibility
of protecting their children, they must get all the help and support possible from the civil society must
let go of the age-old conventions of silence, shame, and embarrassment aimed towards victims of CSA
and their families. Instead, a collective stand needs to be taken against the violation of a child’s dignity.
Consequently, they also need to ensure that any victim of sexual violence can be seamlessly integrated
into the society during the course of rehabilitation.

4.1 Parents Role

It is important for parents to know all facts about CSA and take every care to watch over their children
and not leave them unsupervised. Teaching your kids about sex and sexual abuse is a big part of
parenting. In this age where there is free flow of information, it is only natural for children to explore
more about the matter. However, without the lack of supervision and adequate parenting, children can
have a tainted view of the issue. Regardless of the nature of the society and the mental setup of its
people, it is imperative to ensure that your child is well acquainted with the different forms of sexual

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abuse. Indian society has somehow not been able to open up with regards to our physical needs and
desires.

4.1.1Talk About Strangers

Discuss with your child the meaning of the word ‘stranger’. It’s important to stress that most strangers
are nice people and that we sometimes rely on strangers in times of trouble but that, at the same time,
there are rules children should always use with strangers.

Ask your child what he or she would do in different situations with strangers, such as if a stranger asks
your child for directions or offers your child a lift. Stress that it’s not rude to refuse to talk to strangers if
your child feels unsafe. Discuss with your child the general rules: say ‘No’ – get away and tell someone.

4.1.2Educating about Body Parts

From the stage of infancy, teach children to name their body parts without feeling any shame. Private
parts should not be taboo words or dirty secrets and should be capable of being named just like eyes,
toes ,ear etc

4.1.3Make them Comfortable

A alots of infants and toddlers fondle their private part as a way of self soothing. Let them know that
such conduct is not be take place before other people. However, ensure that they do not feel guilty or
ashamed of themselves when you are explaining.

4.1.4Talking About Sexual Abuse-

As parents, there is an inherent belief that something so ghastly can never happen with our children. But
it may be noted here that the UNICEF has placed the proportion of children being sexually abused by
known people to 50%. It also states that boys are also equally vulnerable to being sexually abused.
There have been many incidents in India alone off late that have left us shaken and shocked. Infact, we
may quote here a IBTIMES 2013 report which states that sexual offences against children in India
have reached epidemic proportion.9 Thus, it is not only important but critical to talk to children but
sexual abuse in age appropriate terms.

9
https://www.ibtimes.co.uk/child-sexual-abuse-top-5-countries-highest-rates-1436162 

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4.2 Role of Teachers

While a parent may have the biggest influence on a child’s life when it comes to educating about healthy
sexual development and reducing the risk of sexual abuse, many adults also play an impactful role—
especially teachers. They have the potential to be an important safety net for kids who are at high risk
for sexual abuse at home. Teachers, however, play an essential role in the prevention of child abuse and
neglect.  According to www.childwelfare.gov, educators are invaluable to this cause because of their
close and consistent contact with children, their unique opportunity to advocate for children, and their
legal obligation to report suspicions of abuse.  Furthermore, studies demonstrate that a positive
relationship with a supportive adult, like a teacher, can promote resiliency in children who have been
victims of abuse.10

4.3 How to Detect Child Sexual Abuse:

Child sexual abuse is often the most difficult form of abuse to detect because of the secrecy upon which
it relies. It rarely involves just a single incident and usually occurs over a number of years. In many
cases of sexual abuse, the victim is often made to feel guilty for what is happening to them. Child sexual
abuse can take many forms, from incidents such as indecent exposure and obscene phone calls to abuse
involving full sexual intercourse. Even a seemingly minor incident might affect a child, and it’s a
mistake to assume that abuse is only serious when it involves intercourse.

4.3.1 Behavioural Signs Which May Indicate Child Abuse

 Very aggressive or very withdrawn behaviour.

 Lack of concentration (change in school performance).
 Bed-wetting, soiling, skin disorders, unexplained complaints (pains, headaches, etc.).
 Nightmares, changes in sleep patterns, loss of appetite.
 Excessive fear of adults.
 Difficulty in relating to adults or other children.
 Low self-esteem and poor self-confidence.
 Running away (common with adolescent victims).

10
http://www.unicef.org/teachers/protection/prevention.htm

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4.3.2 Physical Signs

 Bruising or swelling near the genitial area.

 Blood on sheets undergarment.
 Broken bone and other bruises indicative of being forcefully held down

Verbal Cues

 Using word or phrase that are “too adult” for their age.
 Unexplained periods of silence or suddenly being less talkactive.
 Hints of stammering or shuttering in children who were not displaying these signs before.

4.4 Reporting the Abuse

Remember that more often than not, parents will have to report the crime on behalf of the child. It can be
a very challenging and emotionally draining task. Depending on where you live and your role in the
child’s life, you may be obliged to report suspicion abuse. Hence, keep in mind following minds:

 Before you report, tell the child that you are going to talk to someone who can help. The child
may not want you to report and may be frightented, especially if the perpetrator has threatened
them or their loved ones. Remember that by reporting, you are involving authorities who will be
able to keep the child safe.
 Ensure that child is in a safe place. If you fear that perpetrator will cause further harm to the
child upon learning about the investigating - clearly communicates this to authority.
 Prepare your thoughts, you will have to undertake the difficult task of indentifying information
about the child, the nature of the abuse and your relationship with the child. While anonymous
tips are also an option, indentified reporting increases like the likelihood of prosecuting the
perpetrator.

8. CONCLUSION

Child Sexual Abuse is a scourge of Indian society and hence the Act was introduced in 2012. However,
no law can be implemented effectively and efficiently, without the dedicated and coordinated efforts of
the implementing agencies. A multidimensional approach is required in this regard, and the onus lies
with the state governments, police department, judicial system, and medical fraternity to implement the

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act in letter and spirit and to respond to these cases with urgency, empathy, and compassion. Speedy
trials are possible if the judges, their staff, prosecution, police, and defence coordinate with each other,
failing which concept of special courts will be defeated. Similarly, doctors also need to be trained to
understand the intricacies and help in proper scientific collection of various evidences while examining
the child victim of sexual abuse.

Compared to recent years, there is an increase in the number of cases being reported and the same is
due to the awareness which was able to be created through various training and awareness programs
along with NGOs and Friends of the Police. To improve the conviction rate, it is important to speed up
both investigation and trial in court so that the survivor is not put under pressure to turn hostile. The trial
in POCSO cases should be completed in one year but instead there is a huge number of cases pending in
the courts. Also the entire process needs to be more children-friendly.

Sexual abuse of a child is veiled in secrecy. It is essential for parents and guardians of the child to get
sensitized and understand the degree of the problem. It is also crucial for the parents to create a
protective environment for the child and to guide their children how to protect themselves from sexual
abuse.

It’s children who make our life cheerful. We always smile when we see a child smile at us. So, why
should we let that smile go away? Let’s bring that smile back and make sure that it never fades away.
Even a small part we play will lead to a bigger goal of a society free of child sexual abuse.

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