Child Sexual Abuse in India

The aim of this act is to simplify the laws that are already in place, which protect children and young people in the UK. It was seen as a “serious shake up” of children’s rights and protection, and also made it clear what the duties are for all who work with children and young people and how they should work as a team in the event of a child abuse allegation.

The Children’s Act 2004 – provides the legal basis for how social service and other agencies deal with issues relating to children. It arose from the Green Paper “Every Child Matters” and identifies the following outcomes for all children:

The main points of legislation that support the safeguarding of children are the Children Act 1989, Children Act 2004 and the Childcare Act 2006. The Children Act in 1989 set out principles to guide the work of local authorities and courts and also defined ‘significant harm’ and a child ‘in need’ of intervention. The Children Act 2004 provides the legal basis for children’s services set out in the Every Child Matters: Change for Children document.

Children Act 2006 – Is an Act that defines the new duties imposed on the Local Authorities in respect to improving the Every Child Matters outcomes for pre-school children. The Act also defines new rules in relation to childcare for working parents as well as parental information services. It is aimed at improving the well-being of young children. It emphasises the importance of safeguarding children and young people within an educational setting. If a child discloses neglect or abuse; an establishment should have instructions to help the child. This could be referral to an outside organisation or internally.

basis for the Independent Safeguarding Authority who managed the two lists of people barred from

SAFEGUARDING (Local safeguarding Children Board, Children’s Act 1989, Protection of Children’s Act 1999, The Children’s Act (every child matters 2004) and Safeguarding Vulnerable Group’s Act 2006), Data Protection Act (1998)

Children Act 1989 – Determines the duty of early year’s practitioners to identify and meet the separate and distinctive needs of children and to keep them safe. It initiated the belief that the child ought to be at the centre of planning and that a child’s well-being and safety are vital when judgements are made concerning them. This act also recognises the accountabilities of parents in keeping their offspring safe. In this act there are two particular segments that relate to the duty of local authority with concern to child protection, these are-

Laws have been introduced to follow and implement in order to safeguard the welfare, safety and protection of children and young people. Current legislation: (Children Act

Children’s Act 1989: Identifies the responsibilities of parents and professionals who must work to ensure the safety and welfare of the child/young person. Two important sections included in the act are:

Children Act 1989 – Protecting children’s welfare and to provide services according to the specific needs of children.

Polices and procedures for safeguarding and child protection in England and Wales are the result of the Children Act 1989 and in Northern Ireland of the Children (Northern Ireland) Order 1995. The Children Act 2004 introduced further changes to the way the child protection system is structured and organised in England and Wales.

One in four girls in India does not live past puberty due to gendercide, according to The Invisible Girl Project. India is one of the countries with the highest gendercide rates. Although many are aware of the violence against females, the majority does not act against it. Those who do act against it do not succeed because it is a problem incorporated in the roots of societal beliefs. Gendercide has been occurring for centuries in India and continues as a cycle of violence against females. Mass killing of females has been proven to only hurt society. The abortion and elimination of females because of cultural discrimination in India continues the cycle of gendercide.

Child abuse and neglect in India is a growing social problem (Caesar-Leo). Two-Thirds of Indian children are physically abused and more than half have faced some form of sexual abuse (Bedi). All of these children are being

An issue that frequently resurfaces in the debate is that relating to sexual consent. A discrepancy between the Penal Code and those of the "Child Protection Act, 1994" is blamed. Indeed, while Article 249 (4) of the Criminal Code condemns "sexual intercourse" with a person under 16 years, the combination of Articles 2 and 14 of the "Child Protection Act, 1994", provides that "abuse sex "on a child, ie an unmarried minor under 18 is a crime. According to the terminology used by the legislature reveals that the physical act is not the same. The sexual act and sexual abuse are fundamentally different. The "unmarried" period prescribed in the "Child Protection Act 1994 'can be interpreted in contrast to infer that the legislation does not apply to those on which weighs a presumption of sexual emancipation by marriage who, according to civil law provisions may be permitted from 16 years.

In our research paper we will analyze the nature, types of crimes against children and do the comparative studies of national and international efforts regarding the protection of children against from the crime committed against them. To make the study richer we will go through the need, relevance, reason of failure, vis-a-vis pros and cons of Protection of Children from Sexual Offence Act, 2012.