“Children may not want to come out to
their parents because of several emotional, psychological
reasons, and also family dynamics, So the immediate and
general response is to keep quiet.”
-Suchitra Rao, a consultant on child rights to the Government
of Karnataka and UNICEF.
“Child sexual abuse” is defined
as any sexual activity with a child where consent is not or
cannot be given. Consent can legally be given only if the person
in question giving consent is above the age of 18 and can,
therefore, be considered a legal adult. Presently, children who
reach adulthood tend to believe that they do not have any legal
recourse to find justice and relieve themselves with closure.
Children are unable to report such crimes due to the lack of
awareness, knowledge and the mere normalisation of such heinous
acts. In most cases, studies have shown that incidents are not
reported because the perpetrator in question is either a family
member, relative, or a closely known person. The National Crime
Bureau in India recorded more than 36,000 sexual offence's
against children in 2016, 90% of which were committed by family
members or people known to the victim. The examples of the
children who actually show the courage to report abuse are most
often threatened or coerced, become hostile witnesses and are
forced to withdraw their complaints thereby impacting other
victims to come forward as children. With time, some
children grow up and muster courage to finally come out
and report abuse. Most women realise by the time they
reach their 20s, that they have, at some point, experienced some
form of sexual abuse, harassment or molestation.
The #MeToo movement in India
created a stir when survivors started opening up about their
stories and came forward with their experiences about their
abuse as children. The #MeToo movement broke the ceiling for
many; as it gathered momentum, and also unveiled the flaws of
the judicial system in India. Many survivors of child sexual
abuse and harassment raised their voices online, openly or
anonymously which in turn gave courage to many more who remained
silent, suppressed and unsupported by the legal system for
decades. In the year 2017, despite the progress we were making
as a nation, the Delhi High Court noted that only 18% of the
people accused of sexual assault against children were convicted
for their crimes due to lack of evidence; but the latter would
disagree and pinpoint the inefficiency of the authorities.
Keeping in mind the low conviction rate, we are only considering
a tiny fraction of the people who report these crimes.
The statute of limitation is the period within which legal action must be initiated if a crime is reported. The former Minister of Women and Child Development, Maneka Gandhi, in 2018, initiated the process of removing the statute of limitation on reporting child sexual abuse. She wrote a letter to the then-law minister Ravi Shankar Prasad, to address and clarify that there are no limitations for survivors to report child sexual abuse even after 10 to 15 years. In India, the Prevention of Children from Sexual Offences Act, 2012 (POCSO) does not specify a period for survivors to report a crime, but it is also, however, unclear if an individual can report a crime after turning 18 years of age. However, Section 19 of the POCSO act allows children who have an apprehension or knowledge that an offence has been committed to come under the purview of this Act. The Code of Criminal Procedure, though, provides for a statute of limitation in certain provisions of the act. Section 468 states that any offence, including child sexual, must be punishable with a minimum of 3 years and the crime must be reported within 3 years from the time of the offence. Section 473, on the other hand, states that the period of limitation can be extended if there is appropriate reasoning given to the delay. But after the tireless efforts of the Minister of Women and Child Development, a press release from 2018 clarifies that there is no statute of limitation for filing cases of child sexual abuse.
The lack of proper guidelines for adults to speak up and take the legal course of action to find closure might be vague and grim, but the hope of seeking out even the remote satisfaction of merely reporting these crimes might give them the will to take a step forward to move past their trauma. Even if the conviction rates for these crimes are low, the start of the #MeToo movement and people coming forward anonymously or otherwise is a big leap forward in making a safe environment for victims to seek help legally or otherwise to speak up and give hope to others to follow through. This is a remarkable example of people-driven change and progress. Even with all these changes over the years, we still seek to embark upon the day where we embrace a more victim-sensitive justice system. These changes can only be implemented by making a safe and friendly environment for victims to speak up, better education from the bottom-up, and most of all, eradicating taboo and patriarchal stigma surrounding our legal system.
The statute of limitation is the period within which legal action must be initiated if a crime is reported. The former Minister of Women and Child Development, Maneka Gandhi, in 2018, initiated the process of removing the statute of limitation on reporting child sexual abuse. She wrote a letter to the then-law minister Ravi Shankar Prasad, to address and clarify that there are no limitations for survivors to report child sexual abuse even after 10 to 15 years. In India, the Prevention of Children from Sexual Offences Act, 2012 (POCSO) does not specify a period for survivors to report a crime, but it is also, however, unclear if an individual can report a crime after turning 18 years of age. However, Section 19 of the POCSO act allows children who have an apprehension or knowledge that an offence has been committed to come under the purview of this Act. The Code of Criminal Procedure, though, provides for a statute of limitation in certain provisions of the act. Section 468 states that any offence, including child sexual, must be punishable with a minimum of 3 years and the crime must be reported within 3 years from the time of the offence. Section 473, on the other hand, states that the period of limitation can be extended if there is appropriate reasoning given to the delay. But after the tireless efforts of the Minister of Women and Child Development, a press release from 2018 clarifies that there is no statute of limitation for filing cases of child sexual abuse.
The lack of proper guidelines for adults to speak up and take the legal course of action to find closure might be vague and grim, but the hope of seeking out even the remote satisfaction of merely reporting these crimes might give them the will to take a step forward to move past their trauma. Even if the conviction rates for these crimes are low, the start of the #MeToo movement and people coming forward anonymously or otherwise is a big leap forward in making a safe environment for victims to seek help legally or otherwise to speak up and give hope to others to follow through. This is a remarkable example of people-driven change and progress. Even with all these changes over the years, we still seek to embark upon the day where we embrace a more victim-sensitive justice system. These changes can only be implemented by making a safe and friendly environment for victims to speak up, better education from the bottom-up, and most of all, eradicating taboo and patriarchal stigma surrounding our legal system.
Simran Syed
Legal Content Writer
Legal Content Writer
