Children are the greatest gift to humanity and Childhood is an important and impressionable stage of human development as it holds the potential to the future development of any society. Children who are brought up in an environment, which is conducive to their intellectual, physical and social health, grow up to be responsible and productive members of society. Sexual Exploitation and Abuse (SEA) represents a fundamental failure of protection. It brings harm to those we are mandated to protect. In this article we shall discuss child sexual abuse.

Sexual Exploitation and Abuse (SEA):

According to the World Health Organization definition, Child Sexual abuse means ” It includes a child who is unable to give consent, under compulsion, fear or any other circumstances, not prepared physically, mentally or emotionally for sexual activities, any illegal activity, other activity which not relates with the moral values of the society, child trafficking, child prostitution, child pornography, and many other similar acts, which are done against the will of the child in it”.

According to United Nation, CSA (Child Sexual Abuse) as a contact or interaction between a child and an older or more knowledgeable adult or child is being used as an object of gratification. The contact and interaction against children are carried out by the use of force, bribery, threats, and pressure etc. UNICEF (United Nations International Children’s Emergency Fund) has stated that child marriage “represents perhaps the most prevalent form of sexual abuse and exploitation of girls”.

In Shankar Kisanrao Khade V. State of Maharashtra, (2013) 5 SCC 546 case, the Supreme Court observed that – “sexual abuse can be in any form like, sexual molestation 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”.

Causes of Sexual Abuse of Children:

• Exploitation: The exploitation of the children in Commercial or household work refers to child labour. This exploitation sometimes leads to sexual harassment.
• Poverty: Poverty is a serious cause of child sexual abuse. Most of the cases of sexual abuse come from poor families.
• Stress: The conditions responsible for stress are unemployment, illness, poor living conditions, a larger family, low income, lack of facilities, inferiority complex, and many more.
• Lack of Education: Education is the key to a child’s future. And lacking this will leads to great hardship for every individual. Uneducated children are more prone to abuse and become more vulnerable.    
• Poor health problems: Children living with a poor mental condition, learning disability or physical disability are more likely to report childhood sexual abuse as compare to others.
• Homelessness: Children who are homeless are significantly more liable to have encountered sexual abuse. Some of them are at a very tender age and becomes the victim of sexual abuse. 
• Unemployment: Unemployment also a major cause of child sexual abuse. To cope with the stress of unemployment, an individual may lead to any form of abuse, and sexual abuse is one of them.
• Acquaintances: Children believe in the person with whom they are familiar and cannot resist his or her behavior easily, even though they find it uncomfortable.
• Age of Parents: If the parents are too young to take care of their children with proper protection then their children are at high risk. They do not properly take care of the requirements of their children. Because they do not know how to react in particular circumstances. So, it is also a cause for sexual abuse.
• Lack of Self-Confidence: Persons with a lack of self- confidence is more likely to abuse others because they often see themselves as worthless.

Effects of CSA:

• Fear: Child Sexual Abuse is such a disgusting act that shakes the mind of a child, and as a result of this, a child is always in the shadow of fear and never gets out of it.
• Self-harm: Aggression towards self as in self-blame, self-harm, and suicide are common consequences of sexual abuse.
• Sexual Health: Being explicitly manhandled as a child, particularly when that misuse isn’t found, can prompt confounded thoughts regarding connections and sexual conduct.
• Emotional and Mental harm: Sexual abuse includes many physical consequences for victims, such as transmitted diseases and pregnancy. These physical impacts add to the noteworthy emotional and mental harm imposed by the abuse.  All these victims faced many problems, including depression, anxiety, eating disorders, and suicide attempts.
• Guilt and Shame: In most cases, the abuser succeeds in convincing the victim that it is due to his own mistake. Some habitual abusers repeat the abusive act again and again. It leaves marks on the body and soul of the victim, and he feels guilt and shame.
• Post-Traumatic Stress Disorder: CSA can greatly affect the child physically, psychologically, and sexually. It may have long term effects on the body of the child.
• Impaired brain development: The initial years of a child’s life have a big impact on their brain development. That is why sexual abuse at this age can be so harmful that a child’s experiences can change their thoughts.
• Physical health: A victim of child sexual abuse children have some kind of physical or mental health problem, and also have long-term health problems such as sexually transmitted diseases, heart disease, cancer, chronic lung disease, skeletal fractures, and liver disease.
• Difficulties during adolescence: In many cases, we have seen that abused children are more likely to experience problems such as delinquency, teen pregnancy, low academic achievement, drug use, and mental health problems than others.
• Abusive behavior: The victim’s behavior becomes abusive. He is not in a position to believe anyone and it affects his present as well as future life.
• Interpersonal Relationships: One of the significant effects of CSA is that the child cannot maintain close loving relationships. And if the abuser is well known to the victim then it can affect the relationships between them.

·       Intimate relationships Child sexual abuse has a long-lasting effect on the mind of the victim. So, it creates difficulties in forming intimate and trusting relationships.

Constitutional Provisions for Children:

Article 15 of the Constitution, inter-aila, confers upon the State powers to make special provision for children. Further, Article 39, inter-alia, provides that the State shall in particular direct its policy towards securing that the tender age of children are not abused and their childhood and youth are protected against exploitation and they are given facilities to develop in a healthy manner and in conditions of freedom and dignity.

International Conventions:

The United Nations Convention on Rights of Children, ratified by India on 11th December,1992, requires the State Parties to undertake all appropriate National, By-lateral and Multi-lateral measures to prevent

(a) the inducement or coercion of a child to engage in any unlawful sexual activity;

(b) the exploitative use of children in prostitution or other unlawful sexual practices; and

(c) the exploitative use of children in pornographic performances and materials.

Statutory Provisions:

POCSO Act, 2012:

Protection of child from sexual offences amendment bill 2019, was introduced in Rajya Sabha by the ministry of women and child development on 18 July 2019. It was passed by Rajya Sabha on 24 July and by Lok Sabha on 1st august 2019.

The Act has come into force with effect from 14th November, 2012 along with the Rules framed thereunder. It is a comprehensive law to provide for the protection of children from the offences of sexual assault, sexual harassment and pornography; to safeguard the interests of the child at every stage of the judicial process; for the proper development of the child in view of his/her protection of the right to privacy and confidentiality. The Act under its ambit defines child as a Male or Female person below 18 years (Sec. 2(d)).

In Alakh Alok Srivastava v. Union of India, 2018 Cri.L.J 2929 (SC) case, the Hon‘ble Supreme Court reiterates Object of the Act and very purpose of bringing the legislation and its provisions.

The object of the Act is to protect the child from many an aspect so that he/she does not feel a sense of discomfort or fear or is reminded of the horrified experience and further there has to be a child friendly atmosphere.

Salient Features of the POCSO Act:

• Child friendly.
• Definitions of the Child, of different forms of sexual abuse, including penetrative and non-penetrative sexual assault and what constitutes to be ―aggravated‖ sexual assault etc.
• Child is given police protection during the Investigative Process.
• Can avail Emergency Medical Treatment.
• Provisions for avoiding re-victimization of the child.
• Child to be given frequent breaks while deposing.
• Can testify through Video conference or by single visibility mirrors or curtains or any other device.
• The child is not to be called repeatedly to testify in court.
• In-camera trial of cases but parents of victim can be allowed.
• A case of child sexual abuse must be disposed of within one year from the date of the offence reported.
• It provides for the Special Court to determine the amount of compensation to be paid to the child.
• No person in any media should disclose the details regarding the identity of the child.
• The medical examination of the child should be conducted in the presence of the parent of the child and in case of a girl child by a woman doctor.
• When there is any inconsistency between the provisions of POCSO Act and any other Law, POCSO Act will prevail. (42.A)

Stringent Punishments:

The Act provides for stringent punishments depending upon the gravity of the offence. The punishments range from simple to rigorous imprisonment of varying periods which extend to life imprisonment along with the provision of fines too. The abetment of an offence under the Act would also attract the same punishment as that of the offence committed.

Provisions in Indian Penal Code:

• So far as rape of children under 12 years is concerned, the existing section 376(2)(f) provides a minimum mandatory sentence of 10 years rigorous imprisonment which may extend to life and fine.
• To counter the evil of all other forms of sexual abuse of female children, the Law Commission’s recommendations for amendment of section 354 as stated in para. 9.35. in Part IV should be adequate. In addition, the Law Commission’s recommendation in para. 9.52 of Part IV for aggravated punishment for the commission of unnatural offences under section 377, I.P.C., on both male and female persons under eighteen years of age by adults would cover child sexual abuse on children, both male and female.
• Sexual-child abuse may be committed in various forms such as sexual intercourse, carnal intercourse and sexual assaults. The cases involving penile penetration into vagina are covered under section 375 of the I.P.C.. If there is any case of penile oral penetration and penile penetration into anus, section 377, I.P.C. dealing with unnatural offences, i.e., carnal intercourse against the order of nature with any man, woman or animal, adequately takes care of them.
• If acts such as penetration of finger or any inanimate object into vagina or anus are committed against a woman or a female child, the provisions of the proposed section 354, I.P.C. where under a more severe punishment is also prescribed can be invoked and as regards the male child, the penal provisions of the I.P.C. concerning ‘hurt’, ‘criminal force’ or ‘assault’ as the case may be, would be attracted.
• Any attempt to commit any of these offences is also punishable by virtue of section 511, I.P.C.