A

Synopsis

On

Child Sexual Abuse in India: A Socio-Legal Study with

Special Reference to the District Panipat of State of
Haryana

Submitted in partial fulfillment of the

Requirements for the award of the degree

of

DOCTOR OF PHILOSOPHY
in
LAW
Submitted by:

Chinky Nanda

UID: 19YLS1002

Supervisor
Dr. Renu Mahajan
Associate Professor, Law
Chandigarh University

UNIVERSITY INSTITUTE OF LAW

CHANDIGARH UNIVERSITY

12th Oct 2020

1
 CANDIDATE DECLARATION

The Researcher certify that the work embodied in this Synopsis is my very own bonafide
work, Reseracher further hereby declare that she has followed all the principles of academic
integrity and haven’t misrepresented any idea & data in my submission. All the ideas and
references used in the research work are duly acknowledged to the best of my knowledge.

Date: ……………….. Signature of the candidate

Place:

ACKNOWLEDGEMENT
2
No research work can be accomplished without the proper guidance. I would wish to express
a special gratitude to my Supervisor Dr Renu Mahajan, who took wholehearted interest and
pain in the writing of this synopsis. Her invaluable expert guidance and encouraging attitude
was literally vital for completing this synopsis. I am very grateful to her for the guidance.
Without it, I would never have been able to complete this synopsis. I have taken utmost care
to acknowledge the sources used in present work, anything missing due to an oversight are,
however, deeply regretted.

INDEX
Contents Page No.

3
1. Introduction………………………………………………………………………
.6

2. Review of Literature
…………………………………………………………….15

3. Hypothesis………………………………………………………………………
16

4. Objective of the
Study…………………………………………………………….16

5. Research
Questions……………………………………………………………….17

6. Research
Methodology…………………………………………………………....17

7. Problem
Outcome………………………………………………………………….17

8. Tentative
Chapterization…………………………………………………………..18

9. Conclusion……………………………………………………………………….
..19

10. Bibliography …………………………………………………………………......

19

4
LIST OF CASES

 Shakshi vs. Union of India, AIR, 2004 S.C

 Shankar kisanraokhade vs. State of Maharashtra, 2013(SCC)

 Gaurav Jain vs. Union of India, 1990 AIR292, 1989 SCR Supl2

 Vishal Jeet vs. Union of India, 1990 AIR 1412, 1990 SCR (2) 861

 Chhotak Banvasi vs. State of U.P., Allahabad High Court, 2017

5
1. INTRODUCTION

“Imagine a childhood disease that effects one in five girls and one in seven boys before they
reach the age of eighteen; a disease that can cause erratic behavior and even severe conduct
disorder among those exposed; a disease that can have profound implications for an
individual’s future health by increasing the risk of substance abuse, sexually transmitted
diseases and suicidal behavior, a disease that replicates itself by causing some of its victims to
expose future generations to its debilitating effects. Imagine what we, as a society would do I
if such a disease existed. We would spare no expense. We would invest heavily in basic and
applied research. We would devise systems to identify those affected and provide services to
treat them. We would develop and broadly implement prevention campaigns to protect our
children. Wouldn’t we? Such a disease does exist –it is called child sexual abuse1.”

A child is considering being one who has no knowledge regarding the rationality behind the
act. It is said to be an age before eighteen year or before attained of puberty.Child sexual
abuse,also called child molestation, may be as sort of maltreatment during which an adult or
or older adoloescent use a toddler for sexual stimulation. Sorts of child sexual assault consists
of engaging in sexual activities with a toddler(whether by asking or pressuring,other means),
public nudity(of the genitals, female nipples, etc.),child grooming ,child sexual exploittation
or employing achild to supply kiddie porn. The World Health Organisation(WHO) 2 defines
Child Sexual Abuse(CSA) as the “the involvement of a child in sexual activity that he or she
does not fully comprehend is unable to give informed consent to, or for which the child is not
developmentally preparaed and cannot give consent,or that voilates the laws or social taboos
of society”. Child sexual assault involves an type of sexual activities like fondling, inviting a
toddler to the touch or to be touched sexually ,intercourse,exhibitionism, involving a toddler
in prostitution or pornography, or online child luring by cyber predators 3. Child sexual assault
can occur during a sort of setting, including home, school or work (in places where the child

1
James A. Mercy, “Having New Eyes: Viewing Child Sexual Abuse as a Public Health Problem”,25 Sage Journal
1(1999).
2
An Epidemiological overview of Child Sexual Abuse,available
at:https//www.ncbi.nlm.gov/pmc/articles/PMC4311357/(last visited on 9August ,2020)
3
Child sexual abuse in India: A systematic review, available at https//journals.plos.org/plosone/article?
id=10.137/journal.pone.0205086(Last visited on 11 August 2020)

6
labour is common). Child marriage is one of the foremost sort of the sexual assault. The
UNICEF has stated the child marriage “represent perhaps the most prevalent sort of sexual
assault and exploitation of girls”. The worldwide occurrence of the kid sexual abuse has been
estimated at 19.7% for females and 7.9% for males. Most sexual assault offenders are familiar
with their victims; approximately thirty percent are relatives of the kid, most frequently
brothers, fathers, uncles, or cousins around sixty percent of the acquaintances, like “friends”
of the family, babysitter, or neighbor; strangers are the offenders in approximately ten percent
of kid sexual assault cases. Most child sexual assault is committed by men; studies on girl
child molesters show that female commit fourteen percent to forty percent of offences
reported against boys and six percent offences reported against girls.4

1.1 Historical Background

Child sexual abuse simply wasn’t recognized before the era of 1800s.While it'd be
encouraging to believe that child sexual abuse didn’t exist, but it had been already existed. It
simply wasn’t labeled intrinsically. Indeed, child sexual abuse has been known throughout
history, with Biblical references to child sexual assault, and more extensive records of abuse
within the Roman and Greek civilizations. Even in colonial America, records suggest that
maltreatment, including child sexual abuse, was widespread. De Mause, within the History of
Childhood (1974), a classic analysis of childhoods in previous historical eras, states: “The
history of childhood could also be a nightmare from which we’ve only begun to stimulate.
The further back in history one goes, the lower the extent of child care, and thus the more
likely children are to be killed, abandoned, beaten, terrorized, and sexually abused”.

1.2 Child Sexual Abuse in India

17% of the world’s population lives in India 5. According to the census of world nineteen
percent of the world’s children live in our country, which constitute almost forty two percent
(more than one third) of India’s total population and around half of percentage of this
population of children are in need of care and protection. The primary study 6on child sexual
assault/ abuse in India was conducted by Recovery and Healing incest, a non government
organization (NGO) belongs to India in 1998. Majority around 76% of the participant
reported being abused during babyhood or adolescence. India signed the United Nations
4
Sexual abuse on Children, available at:
https://powerkidzblog.wordpress.com/2016/11/24/blogpost-title-2/(Last visited on 12 August 2020.)
5
Office of the Registrar General& Census Commissioner, India, available at: https://www.censusindia.gov.in.
(Last visited on 12 August 2020).
6
Child sexual abuse laws in India-The POCSO Act,available at:https://blog.ipleader.in/pocso-act(last visited on
19july 2020).

7
Convention on the Rights of the Child in which promised to secure its children from all sorts
of activities related to sexual exploitation and sexual assault. According to the data provide in
20077 by The Ministry of Women and Child Development after the nation-wide assessment
on Child Sexual Abuse in which 12,500 children had participated across thirteen states. The
result revealed that nearly more than fifty percent said that they had been victim of one or
more kind of sexual assault. According to the recent report provided by NCRB, 32,608 cases
were reported in 2017 while 39,827 cases were reported in 2018 under the Protection of
Children from Sexual Offences Act (POCSO) 8. So if one clearly analyze the data then It will
reveal the true picture in which it is clearly seen that one in every two children have been
victims of sexual abuse. Over twenty percent of among revealed that they were sexually
abused in several ways. According to the data provided by the NCRB of the sexually abused
children, among them fifty seven percent were male child. Severe forms of sexual abuse
include: Assault, rape and sodomy, touching or fondling a child, Exhibitionism forcing a child
to exhibit his/her private body parts, Taking picture of child in nude. Other forms of sexual
abuse include forcible touching on lips and chicks, sexual approaches towards a child during
travel, sexual advances towards a child during marriage situations, exhibiting before a child,
showing a child to pornographic materials. The foremost two age level is consider to be
vulnerable are between 37 years and the between 11-15 years. Almost of the cases, the child
was sexually assaulted or abused in public spot like urinals, buses, local trains, etc. It is
regrettably to saying that only serious cases are reported to the police in which F.I.R has been
lodged and most of the accused arrested and granted bail.

1.3 Factors Responsible for the Child Sexual Abuse

A study of the sufferers of sexual assault and child molestation/aggravation revealed
following factors are responsible.

(i) “Relationship with the accused”.

(ii) “Low education-level”.

(iii) “unsafe and abusive relationship between parents”9.

7
Article 15(3),available at:https://www.scribd.com/documents/440371346/Article-15-3(last visited on 5 august
2020).
8
Is your child safe in the school,available at:https://sonalijourno.blogspot.com/2014/07/is-your-child-safe-in-
school.html(last visited on 10 Aug 2020).
9
CHILD SEXUAL ABUSE. Every childhood is worth fighting for, available at: http://www.indiathink.org/Child-
Sexual-Abuse-by-Ayushi-Dixit.pdf(last visited on 10Aug, 2020).

8
 (iv) “Absence of open-communication with parents”.

(v) “Absence of family Faith or support, necessary absence of mother, unattended

children Semi-urban areas and slums”10.

(vi) “Low family income”.

On the other hand, Poverty is the main reason that is working behind the economic
sexual exploitation of the children .Besides it there are so many factors that lead to
economic sexual exploitation of the children i.e. unemployment, rural background ,
consumption of alcohol etc. Migration is another major reason that leads to operative
within the process of their persecution11.

1.4 Discussing Sex and Sexuality- A Taboo

In India there’s lack of enthusiasm and cultural shying from discussing matters associated
with sex and sexuality, particularly with the children. The parents find it difficult and
awkward to discuss about the sex with their because often they themselves haven’t received
and haven’t any idea of the way to talk regarding this in the absence of teaching and
appropriate knowledge, unawareness and myths around sexuality spread through , thus
leaving children, especially adolescents, uninformed and in danger.

The taboo causes culture of shame and silence around any issue associated with sexuality,
including child sexual assault, which is shrouded in silence and sometime goes unreported.
Tolerance to gender based violence12. There has always been ignorance and at times certain
level of acceptance and tolerance to gender based violence against women and youngster in
India. We assume that certain things are sure to happen and can’t happen to women and
children if they cross the “line of morality” put forth by our patriarchal society.

A culture that believes and values adults over children 13. Children are viewed as not fully
developed citizens. Their values and voices are mostly absent publicly discourses on issues
that directly have an implication them. They are taught to ‘respect’ the absolutely the
authority of adults without even the slightest critical engagement. Their opinion could also be.
Thus, a toddler who may be a victim of sexual assault is usually never believed that an adult
10
Singhi, P,Saini and AG, Malhi P. “Child Maltreatment in India” Peadiatrics and International Child
Health.2013.33(4).
11
Dr.Debarti Halder,Child Sexual and provisions in India 55-90(Sage publication, New Delhi,1 st edition,2018).
12
PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT,2012,available
at:https.//www.pmc.gov.in/sites/default/files/69301171.pdf(last visited on 12 August 2020)
13
Y Arya & A Chaturvedi “Analysis of underreporting of cases of child sexual abuse in India” The World Journal
on juristic Polity(2017).

9
could do that to him/ her. Often parents and community consider it the ‘child’s fault’ if sexual
assault happens considered regarded as ‘disrespectful’.

1.5 Negative Outcomes of Child Sexual Abuse.

i

The detrimental result of Minor Sexual Assault are often categorized into psychological,
physical, behavioral that’s

 Post-traumatic disorder

 bleeding from vagina and infection,

 Violations of law and social demeanor

 Reduced social capability

 Melancholy

 Lacking in study and absenteeism

 Hopelessness

 Menstrual, Irregularities

 Attraction towards Immoral act

 Insecure Relations,

 Low self worth

 Early Pregnancy

 exposition of aggressive conduct

 Lack of Trust, nervousness and fright Disorder

 Diseases transmitted through sexual contact “HIV”

 Increased tendency to grow up as perpetrators

 Guilt and anger

 Genital Injury.

1.6 Indian Provisions Relating to Child Sexual Abuse in India

10
 Provisions under Constitution law of India

 Art. 15(3): “Empowers the state Government to make special provisions for the
advancement of the children”.

 Art.39: “Provides that children are given opportunities and facilities to develop in a
healthy manner and in conditions of freedom and dignity and that childhood and youth
are protected against exploitation and against moral and material abandonment.”

 Art. 24: “Prohibits employment of young children in factories. It lays down that, no
child below the age of fourteen years shall be employed to work in any factory or
mine or engaged in other hazardous employment”.

The laws in IPC are as follow:

 Sec. 375: Definition has been given related to “rape”.

 Sec. 376: “provides for the punishment of rape which shall not be less than seven
years but which may extend to ten years, unless the women raped is his own wife and
is not under twelve years of age in which case, he shall be punished with
imprisonment for a term which may extend to two years or with fine or both. When
the girl is less than 12 years or where the rapist is a person in authority (in a hospital,
children's home, a police station etc.), the punishment is greater”.

 Sec. 377: The provision mention in this sec. deals with the situation where sexual
assault happened between same sexes.

 Sec. 354: It discuss with offence related to outraging the modesty of women.

 Sec. 509: Its little bit differ from S-354 of IPC it deals with insulting the modesty of
women.

 The section 67 of the I.T. (Cyber Law) Act, 2000, it is an offence to make
publication and transmission of pornography through Internet.

1.7 Need for the implementation of POCSO ACT 2012

The Protection of Children from Sexual Offences Act (POCSO Act) 2012 enacted to
provide the protection to the children from the sexual offences i.e sexual abuse, protect,
sexual aggravation and pornography and also provide the provision related to the
establishment of special court for the trial of the matters related to sexual offences
against the children.

11
 Highlights of the 'Protection of Children from Sexual Offences Act 2012:

 According to the definition mention in the Act “a child as any person below the age of
18 years and provides protection to all children under the age of 18 years from the
offences of sexual assault, sexual harassment and pornography”14.

 This Act has provides the different forms of good and bad touch behavior under the
sphere of sexual offences.

 The Act also provides the establishment of special courts for the trial of such cases in
order to make the procedure more comfortable and friendly for the child. This act also
provides various sections which deal with procedure to record the evidence and
investigation. It also provides the provisions of punishment for the offenders who
commit the offence or attempt to commit the offence.

 The Act provides that if any person involves in the abetment of the offence then he
would also be liable for the punishment which is so far same as for the commission of
the offence. This Act also deals with the matter related to the trafficking of children
for sexual purposes.

 This Act puts restriction on the media to disclose the identity of the victim of sexual
abuse without the leave of the court dealing with the matters

 According to the Act15, “If any person is having information about the sexual abuse of
child and he fail to report then he would also be liable for the imprisonment upto six
month or fine or both. This means single case of child sexual abuse should be
reported. But this provision has been criticisized by number of organizations who are
working for the protection of child rights and women rights. They said there are many
survivors who don’t want to face the suffering from the criminal justice system..
Beside it obligatory exposure may also hamper access to medical aid, and psycho-
social interference. It contradicts the right to privacy for access to medical care”.

1.8 Judicial Perspective on Child Sexual Abuse In India

14
Swagata Raha “Love And Sex In The Time Of The Pocso Act, 2012” The Plainspeak, June 1,2014.

15
The Protection of Children from Sexual Offences Act, 2012(No. 32 OF 2012).

12
 “The judiciary has played a crucial role in realizing this monstrous crime against
children. Time and again the judiciary has issued various guidelines for ensuring the
security and rehabilitation of the children affected by sexual assault”.

 Shakshi vs. Union of India16

The Supreme Court laid down guidelines for conduct the trial of child sex abuse.

“A screen or some such arrangement should be made where the victim or witnesses
do not see the body or face of the accused. The questions put in cross examination on
behalf of the accused, in so far as they relate directly to the incident should be given in
writing to the presiding officer of the court, who may put them to the victim or
witnesses in a language which is clear and not embarrassing. The victim of the child
abuse or rape, while giving testimony in the court, should be allowed sufficient breaks
as and when required”.

 Shankar kisanraokhade vs. State of Maharashtra17

It has been observed by the court that in almost ninety percent of the cases of child
sexual abuse, the child was actually abused by the person who are known to the child
or who is having dominant position over the child. The court further observed and
held that “sexual abuse can be in any form like molested or assaulted or encouraging,
inducing or forcing the child to be used for the sexual gratification of another person,
using a child or deliberately exposing a child to sexual activities or pornography or
procuring or allowing a child to be procured for commercial exploitation and so on”.

 Gaurav Jain vs. Union of India, 199018

The Apex Court laid down guidelines and issue directions to both the Government at
central level and State level and also to the Non-Governmental Organizations which
are as follows:

“The court held that it is the duty of the Central and the State Government to take the
appropriate steps to provide the protection to the children from the falling into the
prostitution and help them to live their life with respect and the dignity by taking a
step for their rehabilitation. The court further directed that the Government should
take appropriate steps for the betterment of victim by providing the opportunity of
16
AIR, 2004 S.C.
17
(2013) 5 SCC 546.
18
AIR292, 1989 SCR Supl2.

13
 study and also provide some financial support so they can easily live their life without
any hurdles. If possible, their marriages may be arranged so that the problem of child
prostitution can be eradicated. Marriage would give them real status in society. They
should be provided shelter and free legal assistance and medical help .They also given
a proper counseling with the help of the counselor which will help them to forget the
idea of indulging again in the trap of red light areas.

Vishal Jeet vs. Union of India19

Apex Court in this case faces the decisive questions concerning to the sexual abuse of
children. The Court has observed that “it is highly deplorable and heart rending to note
that many poverty stricken children and girls in the prime age of youth are taken to the
flesh market and forcibly pushed into flesh trade which is being carried on in utter
violation of all cannons of morality, decency and dignity of mankind”.

 Chhotak Banvasi vs. State of U.P., Allahabad High Court, 201720

According to Section 2(1)(a), Sections 3, Section 5(m) and 6 of the Act, “a person
commits aggravated penetrative sexual assault if on a child below twelve years of the
age, he penetrates his penis or inserts any object or manipulates any part of the body or
applies his mouth to the penis, vagina, urethra, anus and shall be punished under
Section 6 of POCSO Act as having done aggravated penetrative sexual assault”. Hence,
it is very clear that for the punishment under Section 6 of POCSO Act “penetration of
penis in vagina is not necessary If it is proved beyond reasonable doubt that accused
has penetrated his penis in her vagina or applied his mouth to the penis shall be
convicted under Section 6 of POCSO Act Hence, conviction of the accused-appellant
under Section 6 POCSO Act is just and legal”.

From the definition of Sections 2, 3 5, and 6 of the POCSO Act, it is made clear that to
zapunish a person for the offence under Section 6 POCSO Act, offence defined under
Section 375 IPC is not necessary to prove. If the ingredients of Sections 2, 3, 5 and 6 of
the POCSO Act are proved, then a person can be convicted under section 6 of the
POCSO Act.

2. REVIEW OF LITERATURE
19
AIR 1412, 1990 SCR (2) 861.
20
Elegalix.allahabadhighcourt.in(last visited on 14Aug,2020).

14
  Bitter Chocolate: Child Sexual Abuse in India by Pinki Virani –

In this book author tried to raise the voice against the sexual abuse of child at tender age. It
also discloses the class of persons who sexually abused the child and tried to suppress the
voice of child by putting them into the silence

 Child Sexual Abuse and Protection Laws in India by Dr.Debarati Halder –

In this book author discuss the problem of child sexual abuse in india and also its adverse
affects on the victim. This book also discuss the various theories of sexual offences and
reason behind its occurance. it also discuss the various legislations which are enacted to deal
with this problem.

 Child Sexual Abuse : It’s scope and our failure by Rebecca M.Bolen -

In this book author clearly define the scope of the problem of child sexual abuse along with
inability of the society to respond the problem. This book also discuss the factors which
unable the society to deal with this problem.

 Dark Room:Child Sexuality in India by Pankaj Butalia-

In this books author discussed about the social taboos regarding the discussing about
sexuality. It further discussed about the fear and trauma of the child which caused by the
sexual abuse and how these abuse ruins the happy memory of the childhood.

 Child Rights in India: Challenges and Social Action by Geeta Chopra-

In this book author discuss the child rights from the perspective of development of Child.
This book also discuss the various challenges that indian child face fo the survival, education.
This book primarily focus the rights of the infants and the early child development.

 Child Abuse: Recognition and Response by Rajeev Seth-

15
In this book author discuss about the child sexual abuse, its various forms and the adverse
affect on the physical and psychological health of the child.This book also discuss the brief
approach to trauma-informed care and medico –legal aspects.

 Protection of children on Internet by Karnika Seth-

In this book author discuss the various ways which deals with the protection of child on
internet and combat online abuse. This book also discuss the various Indian Laws i.e POCSO
Act,2012 and IT Act 2000 that protect Childre in cyberspace.

 The Protection of Children from Sexual Offences Act of 2012 (POCSO)-

This Act provides for the protection of child from sexual offence, namely sexual assault,
sexual harassment and the insertion of child in pornography.

 Bhuwan Ribhu, Activist, Bachpan Bachao Andolan-

The Activist gave the positive feedback on this unique legislation but express the need of
amendment in POCSO to deal with the issues of consent and mandate reporting that is not
addressed in this law

 Pooja Taparia, Founder and Chief Executive, Arpan

This Ngo said that “After the commencement of POCSO Act, the masses have become more
aware about the protection of child from sexual offence. It helps the victim of sexual abuse to
raise their voice against the wrongdoer. Number of Governmental Agencies and NGOs are
working for the protection of childhood of toddler by preventing them from the such kind of
heinous offence.

 Legal and ethical complexities in the examination of victims of sexual assault in

India by Agarwal, S. S., published in the Journal of Medical Society.
In this article the author is of considered view about the legal and complex problems to
examine the victims of sexual assault of any age.

16
  Psychological well-being of women reporting sexual abuse in childhood by Hasnain
N, Kumar published in the Journal of the Indian Academy of Applied Psychology.
In this article author is of considered view that how the sexual abuse of abuse of child affect
mental health and psychology of the child.

 Child Welfare: A critical analysis of some of the socio-legal legislations in India by

Babbar, S. K. published in the Journal Of Humanities And Social Science.

In this article author critically analysed the exisiting socio- legal legislations related to the
rampant problem of sexual abuse of child in india and also gave considered view for the
better implementation of existing Laws.

3. HYPOTHESIS

Improper implementation of legislation relating to Child sexual abuse has led to enhancement
of child sexual abuse and its commercialisation.

4. OBJECTIVE OF THE STUDY

 To study and understand the types of Sexual abuse in India.

 To examine the cases of the child sexual abused and the socio-legal conditions
responsible for their abuse.
 To evaluate the impact of the sexual abuse and its adverse effects on the health and the
psychology of the child.

 To find out the major impediments in the statutory provisions relating to child abuse.

 To examine the factors that led to commercialisation of child sexual abuse in india.

5. RESEARCH QUESTIONS

 What measures should be taken to prevent child abuse?

17
  Who is the most likely to become an abuser?
 Is there any connection between a sexual abuse and repeat offenders?
 What are the legislative provisions available against Child Sexual Abuse in the states
of Haryana?
 What measure can be taken to control the commercialisation of the child sexual abuse
in India?

6. RESEARCH METHODOLOGY

Keeping in mind the very nature of problem the methodology to be adopted in this research
work is Non Doctrinal in nature. For this purpose universe body would be District Panipat,
State of Haryana, for which the Researcher would collect the data through the questionnaire
and survey method to conduct the research. Along with this interview method will also be
adopted to support the research. The Informal discussions with the Government & Non
Government staff would also be conducted. While collecting the data age, education and
occupation will be the major variables for classification of Victims.

7. PROBLEM OUTCOME

• To check the loopholes in the implementation of the existing Law

• To aware the people about the root cause of child sexual abuse and the mechanism to
deal with this problem.

• To aware the people about the cause and effect of commercialisation of child sexual
abuse in India

• To suggest the appropriate Government to take stringent action to curb this problem.

8. TENTATIVE CHAPTERIZATION PLAN

1. Introduction:
This is an introductory chapter in which the status of child abuse in India along with
condition of Child victims will be discussed. A classified attention on the issues of
18
 Child abuse will be discussed in this chapter. The chapter will focus on elaborating the
problem posed in the study. Statement of the problem, significance of the study,
literature survey, objectives, hypothesis, research methodology and frame of the study
will be the major components of this chapter.
2. Child sexual abuse in context of religious and social practices:
This chapter will contain the forms of child sexual abuse in the context of social and
religious practices. This chapter will also provides the factors that led to increase the
problem of child sexual abuse while following the religious practises.
3. Legislation and Law relating to Child sexual abuse in India:
This chapter will contain the Enacted laws and Acts implemented to regulate the
sexual offences against the Children. This chapter will also discuss the major
impediments in the implementation of various Acts and legal arrangements placed for
the child victim and operation of the administration. Legislations came into force for
the improvement of Child Victim’s condition and scope for reformation of the
legislature will also be analysed and commented upon in this chapter.
4. Commercialisation of Child sexual abuse in India:
This chapter will focus on the commercialisation of sexual abuse of child and will also
discuss the various factors working behind this . This chapter will also discuss the
various laws which are enacted to curb the problem of commercialisation of the child
sexual abuse in India.
5. Judicial Response towards Child sexual abuse in State of Haryana:
This chapter will discuss the decisions given by the judiciary at lower level and
higher level. This chapter will also discuss the impact of the judicial response on the
existing problem.
6. Empirical study of Child Sexual abuse in reference to District Panipat of State of
Haryana:
This chapter will contain the analysis of data collected through questionnaires,
interviews (both formal and informal) and observations from the Court & N.G.O. The
condition of Children and treatment issues and the status of their rights will be
highlighted and analyzed in this chapter. In short, this will be the chapter comprising
the outcomes of data collected by the researcher

7. Conclusion & Suggestions:

19
 This will be the concluding chapter in which the summary of the study will be
presented. This part will include major findings and outcomes obtained by merging
collected primary data and analysis of the established perceptions and popular
practices. Certain policy recommendations for the prevention of violation of rights of
prisoners and on more effective implementation of the new legal measures will be
discussed in brief in this chapter.

9. Conclusion
It is the need of the hour to take steps on the inadequacies in law where they are lacking and
the existing laws to make our country a safer place where every child feels safe. It also aims
on the curative and preventive measureswhich should be followed in order to preserve a child
friendly environment. Children are the future of tomorrow for state. They are the future
architectures in every aspect i.e. socio-economic structure of the society and thecivilization.
So keeping them healthy, psychologically and physically is of paramount importance.
Protection and prosecution for all the atrocities faced by these ‘Future Architecture’ should
maintained simultaneously to get over this growth detterent factor called ‘Child Sexual
Abuse’.

10.Bibliography

Books

 Halder,Dr.debarati, Child Sexual Abuse and Provisions in India, 2018, Edition,Sage

publication

 Virani Pinki, Bitter Chocolate: Child Sexual Abuse in India ,2019, Edition, Rajiv book
house.

 Bolen M. Rebecca, Child Sexual Abuse : It’s scope and our failure ,2002, Edition,
Springer Publications

 Singhi,P,Saini AG,Malhi P.Child Maltreatment in India.Peadiatrics and International

Child Health.2013.33(4

Articles

20
 An epidemiological overview of child sexual abuse by M.M Singh, Shraddha.S.
Parsekar, SreekumaranN. Nair

 JILSblog. "Mandatory Reporting Under POCSO: Are We Ready?".

www.legallyindia.com.

 "Love and Sex in the Time of the POCSO Act, 2012 • In Plainspeak". In Plainspeak. 1
June 2014. Retrieved 20 August 2019.Predators live among us

 Mahapatra, Dhananjay (3 March 2017). "POCSO: Is a 40-year-old woman with

mental age of six entitled to compensation under POCSO?". The Times of India.
Retrieved 6 June 2019:

 Priyangee (18 May 2018). "India's justice system hardly cares about what the victim
wants, and this must change". Law| Human rights| Education.

Cases

 Chhotak Banvasi vs State of U.P., Allahabad High Court, 2017

 Gaurav Jain v Union of India, 1990 AIR292, 1989 SCR Supl2

 Shakshi v. Union of India, AIR, 2004 S.C

 Shankar kisanraokhade v State of Maharashtra, 2013(SCC)

 Vishal Jeet v. Union of India, 1990 AIR 1412, 1990 SCR (2) 861

Website

 "Census of India Website : Office of the Registrar General & Census Commissioner,
India". www.censusindia.gov.in.

 https://www.savethechildren.in/articles/how-to-prevent-child-sexual-abuse-in-india

 http://www.who.int/violence_injury_prevention/resources/publications/en/guidelines_
chap7.pdf

Journals
21
 Agarwal, S. S., Kumar, L. & Chivalric, K.H. (2017). Legal and ethical complexities in
the examination of victims of sexual assault in India: A medical practitioner's
perspective. Journal of Medical Society, Published by Wolters Kluwer –Medknow.
2017;31:72-6. Retrieved on 20 jan 2020 from doi: http://www.jmedsoc.org

 Arya, Y. & Chaturvedi, A. (2017). Analysis of underreporting of cases of child sexual

abuse in India. The World Journal on Juristic Polity

 Babbar, S. K. (2014). Child Welfare: A critical analysis of some of the socio-legal

legislations in India. IOSR Journal Of Humanities And Social Science (IOSR-JHSS)
Volume 19, Issue 8, Ver. II (Aug. 2014), PP 54-60 e-ISSN: 2279-0837, p-ISSN: 2279-
0845.

 Child sexual abuse (CSA) in India: A Dark reality (2016). Rostrum legal.com.
Retrieved and accessed on 25 jan 2019. Doi.https://rostrumlegal.com/journal/child-
sexual-abuse-in-india-a-dark-reality/

 Sagar, R. (2014). Child Sexual Abuse: Need for a Preventive Framework in Indian
Context. Journal of Mental Health and Human Behaviour. Vol. 19. Issue 2. September
2014. Retrieved from DOI:10.4103/0971-8990.153710

22