Opinion | Rising Juvenile Abuse

Childhood is considered to be the golden period of one’s life but unfortunately, this concept of ‘golden childhood’ is miles away from the realities of modern urban societies.At the tender when the children are expected to spend their time going to school and playing games, a vast portion of our children’s population is compelled to work in factories, industries, offices or as domestic help.But the abuse faced by children does not stop at child labour.Other evils like physical abuse, mental torture and corporal punishment also contribute towards their troubles.

Juvenile abuse is a mutifaceted issue encompassing physical, emotional, mental and neglectful mistreatment of minors.Today, it stands as a daunting challenge for our society. Data from UNICEF and the world bank show a global perspective of child rights in which indian children are marked as experiencing a difficult situation as catagorised by their rights, access to education and healthcare, and exposure to child labour and child marriages. Juvenile abuse and labour are the result of various factors including poverty, social norms of great ignorance, lack of decent work oppertunities, migration, etc. These factors are not only the cause but also a consequence of social inequalities reinforced by discrimination.

History of Juvenile Abuse and Labour in India

The roots of juvenile abuse in india are deeply entrenched in historical socio-economic structures, were often exploited for labour in various sectors, including agriculture, manufacturing and domestic work. Industrialisation and urbanisation paved the way for a multitude of ways in which children began facing abuse in the form of physical labour, mental strain and assault.The British colonial era witnessed widespread exploitation of children in industries such as textiles and mining , perpetuating cycle of poverty and deprivation.Despite post-independence efforts to abolish child labour and physical abuse, socio-economic disparities and inadequate enforcement mechanism have perpetuated the prevalence of child exploitation and abuse.Over the past 20 years, the phrase ‘Adverse Childhood Experience’ or (ACEs) have been studied as forms of maltreatment and household dysfunction affecting children either directly or indirectly. Adverse Childhood Experiences can be divided into three catagories.

(i) Domestic abuse : parental violence, emotional mistreatment, bullying.

(ii) Physical abuse : Sexual abuse, molestation

(iii) Indirect extended : Poverty, child labour, economic upheaval, war/conflict zones.

Domestic abuse :

WHO(2002) defined physical abuse/corporal punishment(CP) towards children and adolescents as “an act by a caregiver that causes physical harm or has the potential of harm.” The incidence of corporal punishment in children varies from community to community across the world.An international population-based study among parents covering Chile, Egypt, India and Philippines reported that mothers in india were more abusive and struck children with objects, kicked and choked them.

The national level study carried out by the Ministry of Women and Child Development, Government of India (MWCD Report,2005) reported that two out of every three children faced corporal punishment.The common types of corporal punishment included “punishing in a painful way, hitting with a cane or lashing with a belt and pushing, grabbing, and kicking.Less than 5% of the victims reported being locked or tied to something being choked or strangled and being burnt or bruised with a hot or sharp objects.Eighteen victims reported other forms of physical violence, such as throwing tea cups or hard objects towards them.”

Physical Abuse :

As of 2020, the rate of physical molestation incidents in india per 1,00,000 citizens stands at 22,172, according to data from World Population Statistics. Indian children, numbering 440 million, comprise 19% of the global child population. A study conducted by the United Nations International Children Education Fund between 2005 and 2013 found that Child Sexual Abuse (CSA) among indian girls was reported at 42% . A study conducted by the Government of India’s Ministry of Women and Child Development (MWCD) in 2007, which surveyed 1,25,000 children across 13 indian states, revealed alarming high rates of various forms of child abuse, including physical abuse, sexual abuse and emotional abuse.This significant government-sponsored survey in india indicated a Child Sexual Abuse (SCA) Prevalence of 53%. Boys were equally impacted, with over 20% subjected to severe forms of physical abuse, including physical assault, inappropriate touching, exposure of private body parts and nude photography.In both major surveys , a majority of the abusers were individuals known to the child or in positions of trust and authority.Various reports suggests that neighbours, friends, close relatives, acquaintances and employers in workplaces are among the most common perpetrators.Notably, the Delhi High Court noted in 2014 that out of the 1704 reported rape cases in the capital, 2015 cases involved instances of child incestuous rape.

Child Labour :

As of 2012, the global prevalence of child labourers is estimated at 168 million.The region with the highest level of child labourers is Asia and the Pacific, accounting for nearly 78 million or approximately 9.3% of the child population in the region.In terms of sectors, agriculture remains the most significant industry where child labour is prevalent globally, with approximately 98 million children engaged in labour.However, the issue of child labour is not confined to agriculture alone, as significant numbers of child labourers are also found in services (54 million) and industry (12 million) .This indicates that child labour is a complex and pervasive issue that affects various sectors of the global economy, highlighting the urgent need for concerted efforts to combat this violation of children’s rights.

According to the census of india 2011, the total child population aged between 5 to 14 years amounts to 259.6 million.Among them, 10.1 million children, comprising 3.9% of the total child population, are engaged in work either as ‘main workers’ or ‘marginal workers’. Additionally, more than 42.7 million children in india are not enrolled in school. Despite these concerning figures, there is a positive trend as the incidence of child labour has decreased by 2.6 million between 2001 and 2011.However, this decline is more prominent in rural areas, whereas the number of child workers has increased in urban areas, signalling a rising demand for child labour in low skilled occupation.

Causes of Juvenile Abuse :

In order to root out the problems of juvenile abuse, it is important for us to understand its various causes.These are.

Socio-Economic Disparities :

Persistent poverty, lack of access to education, and unequal distribution of resources exacerbate children’s vulnerability to abuse.Families facing economic hardships may compel children to engage in hazardous labour or subject them to exploitation for financial gains.

Cultural Norms and Stigma :

Deep-rooted cultural beliefs and societal norms often normalise harsh discipline and corporal punishment, perpetuating cycles of abuse.Moreover, prevailing stigma surrounding discussions of child abuse and sexual exploitation hinder victims from seeking help or disclosing their experiences.

Family Dysfunction : Dyfunctional family dynamics, including substance abuse, domestic violence and parental neglect, create environments conducive to juvenile abuse. Children raised in such households are at hightened risk of experiencing various forms of mistreatment, including physical, emotional and sexual abuse.

Efforts to Safeguard the Rights of Children by Indian Government and NGOs :

The government has an important role to play in the fight against juvenile abuse. Indian law-makers have been tirelessly working to eradicate juvenile abuse from our society.Over time several laws and acts have been introduced aiming to protect children against all forms of abuse while ensuring their rehablitation and education.NGOs can provide vocational training to impart employable skills to the children affected from abuse.Following are some of the official measures implemented by the Indian Government to safeguard the rights of children.

Laws to Safeguard Children’s Rights :

India has enacted several legislature measures to protect children from abuse, exploitation and neglect.Article 39 of the Indian Constitution declares that it is the duty of the state that children are given opportunities and facilities to develop in a healthy manner and in condition of freedom and dignity, and that childhood and youth are protected against exploitation and against moral and material abandonment.Article 24 specially states that a child under 14 years cannot be employed to perform any hazardous work.

Laws Regarding Prohibition of Employment of Children below 14 Years :

The Factories Act, 1948, the Mines Act 1952, the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 and the Bonded Labour System Abolition Act, 2000 prohibit the employment of children below the age of 14 years in factories, hazardous occupations or in bondage. In May 2015, the government approved a proposal allowing children below 14 years of age to work in family enterprises or entertainment industry under specific conditions. In july 2016, the Parliament passed the Child Labour (Prohibition and Regulation) Amendment Bill, 2016 which amended the Child Labour (Prohibition and Regulation) Act, 1986 by widening its scope against child labour and providing for stricter punishment for violation.This Act completely banned employment of children under 14 years in certain occupations like bidi-making, mines, powerlooms, domestic work, etc.

Laws Regarding Rehabilitation of Rescued : Child Labourers The National Policy on Child Labour, 1987 looks in to the rehabilitation of children working in hazardous occupations.The government had initiated the National Child Labour project ( NCLP) scheme in 1988 to rehabilitate working children. The juvenile justice (Care and Protection of Children) Act, 2015 provides for the care, protection and rehabilitation of juveniles in conflict with the law and victims of abuse.It establishes specialised juvenile justice boards and mandates the establishment of child welfare committees to address cases of abuse and exploitation.

Laws Regarding the Education of Children

The Right of Children to Free and Compulsory Education Act, 2009 mandates free and compulsory Education to all children between the age group of 6 to 14 years. Apart from this, it also reserves 25% seats in every private school for Economically Weaker Sections (EWS) of the society.

*The Protection of Child from Sexual Offences(POCSO) Act, 2012* This landmark legislation aims to protect children from sexual abuse and exploitation by defining various offences and prescribing stringent penalities for perpretators. It also provides for child friendly procedures for reporting, investigation and trial of sexual offences against minors.

The issue of rising juvenile abuse in india demands a multifaceted response encompassing legislative reforms, socio-economic interventions and concerted efforts by government agencies and non-governmental organisations.By addressing the root causes of child abuse, strengthening child protection mechanism and empowering vulnerable children and families, we can strive towards creating a society where every child enjoys their fundamental rights and lives free from exploitation and abuse. It is the collective responsibility of the citizens, society and the government to provide them an environment which helps them to bring out the best of their capabilities, thus, participating in the nation building process.

UMAR FAROOQ

  Teacher(Zone Villagam)

   KUPWARA