The Hidden Crises: Child Abuse in India

BY- Kaushikee Nigam

Abstract
Child maltreatment is a grave issue that affects millions of children all over the world including India. In India, domestic violence is one of the most common forms of child abuse that takes -place at home mostly from family members, early marriages, and sexual harassment. Violence may have lasting repercussions on the mental and emotional well-being of children both physically as well as mentally. This abuse has had a profound impact on Baby’s growth making many victims face long-term consequences that influence their general health. A multi-sectoral approach involving government, civil society organizations, communities, and families together with the state is necessary to address child abuse in order to protect children and promote their rights. 

Key Words: Child abuse, domestic violence, sexual abuse, laws, child marriage.

Methodology

This article draws from secondary sources of research. It was sourced from numerous websites, journals, articles, and research papers. The article gives an overview of this topic. This article is essentially concerned with interrogating Child Abuse in the context of Indian legislation.

Research Questions 

• What does child abuse mean?
• What are the different types of child abuse?
• What are various legislations against child abuse in India?
• What signs should adults look out for indicating a child may be abused?

Objective

The objective of this article is to understand the issue of child abuse.

Introduction

Due to their dependence on caregivers for basic needs, children are at a higher risk of domestic violence. Often, the child is being abused by a parent or other family member who should have protected and nurtured him/her. The position of the child in this case can be very hard as they might experience fear, confusion, and powerlessness to end the abuse.
There is one problem that continues to hinder efforts to combat child abuse in India; it arises from a lack of awareness and resources for victims. Many families may hesitate to report the abuse as they worry about disgraceful social attitudes, retaliation, or even mistrust of the justice system toward children. Moreover, there is an absence of shelters and support services for kids who underwent violence making them defenseless and lacking enough care and protection.

The government must therefore prioritize protecting children from any form of harm or ill-treatment- it needs to be remembered that they are just kids. This will mean putting into practice laws that guarantee children’s safety from any assault with appropriate resources and help for victims. There is also an urgent need for communities to sensitize people against domestic violence while giving room for children to express themselves without being condemned.

Various types of maltreatment of children
There are various sorts of child abuse, and each has its own set of repercussions. Child abuse can take many different forms, including child marriage, domestic violence, sexual harassment, neglect, and physical or emotional abuse.
 

• Domestic violence can have serious long-term effects on children both physically, and emotionally. These children are at risk of developing mental health problems like anxiety disorder, depression, and post-traumatic stress disorder. In addition, they may exhibit aggression, defiance, social withdrawal, and other behavioral problems. In some instances, the trauma of domestic violence can lead to self-harming behaviors or thoughts of suicide.
• Neglect is defined as not meeting a child’s fundamental requirements. Neglect is considered the most common form of child abuse when it comes to failure to meet a child’s basic needs such as food shelter clothing supervision school attendance and medical care. Neglect can be manifested through poor hygiene, malnourishment, absenteeism from school, and lack of proper attention all of which can compromise the well-being and prospects of a young person.
• Physical abuse is the deliberate infliction of bodily injury by another person upon a child. Occurrences that suggest physical maltreatment include bruises with no explanations, fractures broken bones burns, or injuries that are inconsistent with their explanations.
•  Emotional abuse, also known as psychological or verbal abuse, involves ongoing non-physical harm that causes a child to believe that they are. being abused. unwanted, unloved, worthless, or valuable only to satisfy the needs of the abuser. Manipulative words and actions cause emotional damage, leading to low self-esteem, anxiety, depression, hostility, or crime. Signs of emotional abuse can manifest as excessive crying, bedwetting, fear, or symptoms of mental health problems. Although emotional abuse may not be visible, it can have long-term effects on a child’s emotional well-being.
• This law punishes cruel treatment and domestic violence towards children. Section 75 of Care and Protection Act, 2015 states that “A person who has custody or control of a child and physically attacks, leaves behind, mistreats, exposes or deliberately abandons him or her or makes it possible for another individual to attack, abandon, mistreat, expose or neglect such a child in a way that could likely lead to unnecessary mental agony/pain for the said child shall be liable on conviction to imprisonment for a term not exceeding three years or to a fine not exceeding one hund Furthermore, if the abuse of the kid results in any physical impairment, the offender faces rigorous imprisonment for a minimum of three years, with the possibility of an extension to ten years, as well as a hundred thousand rupees (1.00000) or both”. Moreover, if any bodily disability is caused due to cruelty inflicted upon such child then such person shall be punishable with rigorous imprisonment for at least three years but may extend up to ten years along with a fine amounting to five lakh rupees.
• Sexual abuse includes any sexual activity involving a child which can range from physical contact such as touching oral genital contact or sexual intercourse to physical abuse such as exposing the child to sexual acts or presenting it in a sexual context spotting signs of sexual abuse may include noticing changes in behavior recurring nightmares fear of certain people or physical symptoms in a child sexual abuse includes all sexual interactions with a child from physical contact such as touching mouth to genital contact or sexual intercourse to abuse that does not involve sexual intercourse such as exposing the child to sexual acts or presenting the child in a sexual manner recognizable signs of sexual abuse may include changes in behavior nightmares specific fears or physical symptoms sexual abuse includes any sexual activity with a child which can range from physical contact such as touching oral genital or intercourse to physical abuse such as exposing the child to sexual acts or observing and recording them during sexual intercourse signs of sexual abuse can include changes in behavior nightmares fear of certain people or physical symptoms. India is home to 472 million children under the age of 18, making it one of the world’s largest child populations. The 2011 census states that, under a broad interpretation of article 21 of the Indian constitution, child protection is provided to Indian people. It is also required because, prior to the POCSO Act’s enactment, India was a signatory to the UN Convention on the Rights of the Child. The Indian Penal Code’s following sections allowed for the prosecution of child sexual abuse. Rape, Section 375 of IPC 1860 IPC 1860, Section 354: It is obscene when a lady is modest. 377 Unnatural Crimes, IPC 1860. But such a solution was faulty since the IPC had multiple flaws that prevented it from protecting the child in an effective manner, such as: 1. Other than “traditional” sexual relations, no one is protected from sexual acts of penetration under IPC 375, even male victims. 2. There is no official definition of “modesty” in IPC 354. It is a compoundable violation with a modest penalty. Moreover, it does not shield a male child’s “modesty.” 3. The phrase “unnatural offenses” is not defined in IPC 377. It is not intended to make child sexual abuse of any kind a crime; rather, it exclusively pertains to victims who have been sexually assaulted by their perpetrator. 
•  Child marriage is a long-standing problem in India that negatively impacts the lives of young boys and girls. Even with laws like the Prohibition of Child Marriage Act of 2006 and the Child Marriage Restriction Act of 1929 in place to prevent child marriages, children who are married off not only lose their right to an education but also face a life of domestic duties and possible abuse. Parental financial difficulties and widely held social misconceptions keep this detrimental practice going, two recent developments in India such as the proposal to raise the minimum legal age of marriage for girls from 18 to 21 years reflect a growing recognition of the need to address the root causes of child marriage by aligning the age of marriage with the age of sexual consent the government aims to protect the mental health and well-being of young brides. Furthermore, this decision underscores the importance of gender equality by establishing the same minimum marital age for women and men signaling a step towards a more equitable society through these legislative measures and policy initiatives India is striving to eliminate the scourge of child marriage and ensure a brighter future for its youth.

Warning Signs of Child abuse may include the following: 

• Modifications in conduct (aggression, rage, animosity, hyperactivity).

•  Unusual worries, anxiety, or depression.

• Withdrawal from friends or usual activities. 

• Lack of supervision. 

• Sleep problems and nightmares. 

• Rebellious or defiant behavior. 

• Self-harm 

• Frequent absences from school.

Conclusion

To deal with this problem, the country needs to let people know more, spend money, offer support wherever needed, make good laws, and get help from the community to keep kids safe. First, we need to tell everyone about the bad effects of hurting kids. We can do this with ads, classes, and programs for parents, caretakers, and all in the community. By learning more, people can see the signs of hurt and step in to protect kids. Secondly, putting money and help into stopping and handling hurt kids is important. This means giving cash to groups and services that help kids heal through talking and therapy. Thirdly, money should help teach teachers, doctors, and helpers to handle cases of kids getting hurt. Also, we need clear laws that deal with hurting kids to keep them safe legally. These laws should list what counts as hurt, give tough punishments for those who do it, and show how to report and look into cases. Strong laws say hurting kids is serious and those who do it will pay. Lastly, help from the community is key to keeping kids safe and cared for. Communities should work to make safe spots for kids, where they can find help and support. This can be done by starting community centers, help lines, and support groups to offer help to kids and their families.

Therefore, to fight hurting kids and violence at home in India, we need a plan that covers telling people more, spending money and giving support where needed, making good laws, and getting help from the community. With these steps, the country can better keep kids from harm and ensure they are okay.