Child rights against unwanted touch

Mewa is a good-looking girl, studying 5th class. She used to go to school by an auto. One day she complained to her parents that auto uncle played a kiss game with her. Suspecting the unusual, the parents of Mewa changed the transportation from auto to school bus. There also the parents of the Mewa received the same answer. Further she complained that watchman and teachers have been touching her unnecessarily. Some teachers used to show the pornography in their cell phones.

This caused disturbance and mental agony to Mewa. But the parents of the Mewa could not do anything. As such Mewa has to suffer helplessly. This is not the story of one Mewa and there are several victims like Mewa. There is a right and redressal against these culprits. Sexual exploitation and sexual abuse of children are heinous crimes and need to be effectively addressed.

Fundamental right of children
Article 15 of the Constitution mandates the state to make special provisions for the children. It is a fundamental right of every child to have special care and protection as per Article 15 of the Constitution. It connotes that the privacy, confidentiality and dignity of the child is not only ensured but also protected against exploitation. It is necessary for the proper development of the child that his or her right to privacy and confidentiality be protected and respected by every person by all means and through all the stages of a judicial process involving the child.

United Nations – Conventions
The United Nations adopted the conventions on the Rights of the Child and prescribed a set of standards to be followed by all State parties in securing best interests of the child. The State parties to the Convention on the Rights of the Child are required to undertake all appropriate national, bilateral and multilateral 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; (c) the exploitative use of children in pornographic performances and materials. The same has been acceded by the Government of India on December 11, 1992.

The Protection of Children from Sexual Offences Act, 2012
An Act to protect children from offences of sexual assault, sexual harassment and pornography and provide for establishment of Special Courts for trial of such offences and for matters connected therewith or incidental thereto.

Who is child?
As per section 2(d) of the Act, child means any person below the age of eighteen years.

The offences under the Act
Sexual Assault, Penetrative Sexual Assault, Aggravated Sexual Assault, Aggravated Penetrative Sexual Assault and Sexual Harassment.

Sexual assault (Section 7)
Whoever, with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person, or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault.

Sexual harassment (Section 11)
A person is said to commit sexual harassment upon a child when such person with sexual intent,-
(i) utters any word or makes any sound, or makes any gesture or exhibits any object or part of body with the intention that such word or sound shall be heard, or such gesture or object or part of body shall be seen by the child; or
(ii) makes a child exhibit his body or any part of his body so as it is seen by such person or any other person; or
(iii) shows any object to a child in any form or media for pornographic purposes; or
(iv) repeatedly or constantly follows or watches or contacts a child either directly or through electronic, digital or any other means; or
(v) threatens to use, in any form of media, a real or fabricated depiction through electronic, film or digital or any other mode, of any part of the body of the child or the involvement of the child in a sexual act; or
(vi) entices a child for pornographic purposes or gives gratification there for.

Offences against exploitation of social and official status
As per the act, Police Officers, Armed or Army officers, Management or staff of educational Institutions, private persons, Hospital Managements, Public Officers are also held under the Act for their acts or cooperation to the accused persons.

Whom to complain:
Local police and special police units and special courts are empowered to initiate action in this regard.It is high time the parents learnt about the harassment their children face to take remedial measures immediately.