DR.

RAM MAHOHAR LOHIYA NATIONAL LAW

UNIVERSITY

BASICS OF CASE LAW

PROJECT ON:
CHILD ABUSE

SUBMITTED BY:

UNDER THE GUIDANCE OF:

Prerna Yadav

Mr Shashank Shekhar

Roll no.: 97

Assistant Professor(Law)

Section B

Dr. Ram Manohar Lohiya National

B.A. LLB (Hons.), Semester I

Law University

ACKNOWLEDGMENT

On the very outset of this research, I would like to extend my sincere & heart felt obligation
towards all the personages who have helped me in this endeavour. Without their active
guidance, help, cooperation & encouragement, I would not have made headway in the
project.
I am ineffably indebted to Mr Rajneesh Kumar Yadav, Assistant Professor (law) for
conscientious guidance and encouragement to accomplish this assignment. I am extremely
thankful to Prof (Dr.) C.M. Jariwala, Dean (Academics) for his valuable guidance and
support on completion of this project in its presently.
I also acknowledge with a deep sense of reverence, my gratitude towards my seniors who
have constantly been a support and a guide and without whose help it would not have been
possible to continue the research.
Special thanks to Madhu Limaye Library whose constant help, support and guidance helped
me in the completion of the research.

CONTENTS

Introduction..4
Child abuse...5
Causes..6
Effects of child abuse and neglect...8
Types...11
Emotional abuse11
Physical abuse...13
Child neglect..15
Child sexual abuse17.
Breaking the cycle of child abuse...20
Conclusion.22
Bibliography..23

INTRODUCTION

India is home to 430 million children, roughly one in five of all children (individuals under
age 18) in the world. From the moment they are born, the challenges many of them face are
staggering.1
At least 1.7 million children die before the age of five every year in India.2 Malnutrition
means that almost half of those that survive are stunted, and 43 percent are underweight. The
right to education is enshrined in the Indian constitution,3 but, though the situation is
improving, there were still 8.1 million out-of-school children in mid-2009.4 The government
estimates that 40 percent of India's children are vulnerable to threats such as trafficking,
homelessness, forced labour, drug abuse, and crime, and are in need of protection. More than
half of the country's married women were wed before the legal age of 18. Currently, only
about 60 percent of births in India are even registered.
In 2007 the government published its first ever survey to address what the then minister of
women and child development, Renuka Chowdhury, described as the conspiracy of silence
surrounding child sexual abuse.5 The report uncovered some alarming statistics, though, as
explained below, the report methodology was limited and the numbers should be taken more
as an indication of the seriousness of the problem than a reflection of the actual incidence of
abuse.

4 The Planning Commission, Government of India, Report of the Working Group on Child Rights for the 12th
Five Year Plan (20122017),
http://planningcommission.nic.in/aboutus/committee/wrkgrp12/wcd/wgrep_child.pdf
2

United Nations Childrens Fund, The Situation of Children in India a profile, May 2011,
http://www.unicef.org/india/The_Situation_of_Children_in_India_-__A_profile_20110630_.pdf
3

The Indian Constitution in art. 21A provides for free and compulsory education for all children up to age
14. See Press Trust of India, Right to Education Act constitutionally valid, says Supreme Court, India Today
(New Delhi),
4

United Nations Childrens Fund India, Education, http://www.unicef.org/india/education_196.htm

Ministry of Women and Child Development, Government of India, National Study on Child Abuse: India
2007, 2007, http://wcd.nic.in/childabuse.pdf

CHILD ABUSE

Child abuse is the physical, sexual or emotional maltreatment or neglect of a child or

children.6 In the United States, the Centres for Disease Control and Prevention (CDC) and the
Department for Children and Families (DCF) define child maltreatment as any act or series of
acts of commission or omission by a parent or other caregiver that results in harm, potential
for harm, or threat of harm to a child.[2] Child abuse can occur in a child's home, or in the
organizations, schools or communities the child interacts with. There are four major
categories of child abuse: neglect, physical abuse, psychological or emotional abuse,
and sexual abuse.
In Western countries, preventing child abuse is considered a high priority, and detailed laws
and policies exist to address this issue. Different jurisdictions have developed their own
definitions of what constitutes child abuse for the purposes of removing a child from his/her
family and/or prosecuting a criminal charge. According to the Journal of Child Abuse and
Neglect, child abuse is "any recent act or failure to act on the part of a parent or caretaker
which results in death, serious physical or emotional harm, sexual abuse or exploitation, an
act or failure to act which presents an imminent risk of serious harm".[3]
Douglas J. Besharov, the first Director of the U.S. Center on Child Abuse and Neglect, states
"the existing laws are often vague and overly broad"[4] and there is a "lack of consensus
among professionals and Child Protective Services (CPS) personnel about what the terms
abuse and neglect mean".[5] Susan Orr, former head of the United States Children's Bureau
U.S. Department of Health and Services Administration for Children and Families, 2001
2007, states that "much that is now defined as child abuse and neglect does not merit
governmental interference".[6]
Child abuse is more than bruises and broken bones. While physical abuse might be the most
visible, other types of abuse, such as emotional abuse and neglect, also leave deep, lasting
scars. The earlier abused children get help, the greater chance they have to heal and break the
cyclerather than perpetuate it. By learning about common signs of abuse and what you can
do to intervene, you can make a huge difference in a childs life.

"Child abuse definition of child abuse by the Free Online Dictionary, Thesaurus and Encyclopedia"

CAUSES

Child abuse is a complex phenomenon with multiple causes. Understanding the causes of
abuse is crucial to addressing the problem of child abuse. Parents who physically abuse their
spouses are more likely than others to physically abuse their children However, it is
impossible to know whether marital strife is a cause of child abuse, or if both the marital
strife and the abuse are caused by tendencies in the abuser. This commonly used term refers
to the process of parents' setting expectations for their child that are clearly beyond the child's
capability. When parents' expectations are particularly deviant (e.g., preschool children who
are expected to be totally responsible for self-care or provision of nurturance to parents) the
resulting frustration caused by the child's non-compliance is believed to function as a
contributory if not necessary cause of child abuse.

Children resulting from unintended pregnancies are more likely to be abused or

neglected Neglect is by far the most common form of child abuse, accounting for
more than 78% of all cases. In addition, unintended pregnancies are more likely than
intended pregnancies to be associated with abusive relationships and there is an
increased risk of physical violence during pregnancy They also result in poorer
maternal mental health and lower mother-child relationship quality.

There is some limited evidence that children with moderate or severe disabilities are more
likely to be victims of abuse than non-disabled children. A study on child abuse sought to
determine: the forms of child abuse perpetrated on children with disabilities; the extent of
child abuse; and the causes of child abuse of children with disabilities. A questionnaire on
child abuse was adapted and used to collect data in this study. Participants comprised a
sample of 31 pupils with disabilities (15 children with vision impairment and 16 children
with hearing impairment) selected from special schools in Botswana. The study found that
the majority of participants were involved in doing domestic chores. They were also sexually,
physically and emotionally abused by their teachers. This study showed that children with
disabilities were vulnerable to child abuse in their schools.

Substance abuse can be a major contributing factor to child abuse. One U.S. study
found

that

parents

with

documented

substance

abuse,

most

commonly

alcohol, cocaine, and heroin, were much more likely to mistreat their children, and
were also much more likely to reject court-ordered services and treatments. Another
6

study found that over two-thirds of cases of child maltreatment involved parents with
substance abuse problems. This study specifically found relationships between
alcohol and physical abuse, and between cocaine and sexual abuse. Although the
abuse survivor does not always realise the abuse is wrong, the internal confusion can
lead to chaos. Inner anger turns to outer frustration. Once aged 17/18, drink and drugs
are used to numb the hurt feelings, nightmares and daytime flashbacks. Acquisitive
crimes to pay for the chemicals are inevitable if the survivor is unable to find
employment.
A 2010 article in the BBC reports that thousands of African children have been abandoned,
tortured and murdered because they are believed to be witches.

Unemployment and financial difficulties are associated with increased rates of child
abuse. In 2009 CBS News reported that child abuse in the United States had increased
during the economic recession. It gave the example of a father who had never been
the primary care-taker of the children. Now that the father was in that role, the
children began to come in with injuries.

A 1988 study of child murders in the US found that children are 100 times more often killed
by a "non-biological parent (e.g., step-parent, co-habitee or boyfriend/girlfriend of a
biological parent)" than by a biological parent. An evolutionary psychology explanation for
this is that using resources in order to take care of another person's biological child is likely
not a good strategy for increasing reproductive success. More generally, stepchildren have a
much higher risk of being abused which is sometimes referred to as theCinderella effect. The
Cinderella Effect attempts to explain the observation that parents are more likely to kill their
stepchildren than their biological children using evolutionary logicas described by Daly
and Wilson: "research concerning animal social behaviour provide a rationale for expecting
parents to be discriminative in their care and affection, and more specifically, to discriminate
in favour of their own young".

Psychologists conducted a study in the United States in 2010 which examined over
200 regular church attendees from eleven different denominations of Christianity,
most of whom were educated, upper-middle class White Americans, found
that extrinsic religious orientation was associated with a greater risk of physical child
abuse. Those with a more extrinsic religious orientation who also adhered to
greater social conformity were particularly more likely to share characteristics with
7

physically abusive subjects. Subjects who adhered toBiblical literalism exhibited a

higher potential of physical child abuse. Those who had a more intrinsic religious
orientation were not found to be at a greater risk of child abuse, although they
sometimes exhibited greater social conformity or a greater propensity for holding
literal interpretations of the Bible. Approximately 85% of the study's subjects were
parents.

Effects of child abuse and neglect

All types of child abuse and neglect leave lasting scars. Some of these scars might be
physical, but emotional scarring has long lasting effects throughout life, damaging a childs
sense of self, ability to have healthy relationships, and ability to function at home, at work
and at school. Some effects include:

Lack of trust and relationship difficulties. If you cant trust your parents, who can
you trust? Abuse by a primary caregiver damages the most fundamental relationship
as a childthat you will safely, reliably get your physical and emotional needs met
by the person who is responsible for your care. Without this base, it is very difficult to
learn to trust people or know who is trustworthy. This can lead to difficulty
maintaining relationships due to fear of being controlled or abused. It can also lead to
unhealthy relationships because the adult doesnt know what a good relationship is.

Core feelings of being worthless or damaged. If youve been told over and
over again as a child that you are stupid or no good, it is very difficult to overcome
these core feelings. You may experience them as reality. Adults may not strive for
more education, or settle for a job that may not pay enough, because they dont
believe they can do it or are worth more. Sexual abuse survivors, with the stigma and
shame surrounding the abuse, often especially struggle with a feeling of being
damaged.

Trouble regulating emotions. Abused children cannot express emotions safely. As a

result, the emotions get stuffed down, coming out in unexpected ways. Adult
survivors of child abuse can struggle with unexplained anxiety, depression, or anger.
They may turn to alcohol or drugs to numb out the painful feelings.
8

Physical effects. The immediate physical effects of abuse or neglect can be relatively
minor (bruises or cuts) or severe (broken bones, haemorrhage, or even death). In some
cases the physical effects are temporary; however, the pain and suffering they cause a
child should not be discounted. Rib fractures may be seen with physical abuse.[128]

The long-term impact of child abuse and neglect on physical health and development can be:

Shaken baby syndrome. Shaking a baby is a common form of child abuse that often
results in permanent neurological damage (80% of cases) or death (30% of
cases). Damage results from intracranial hypertension (increased pressure in the skull)
after bleeding in the brain, damage to the spinal cord and neck, and rib or bone fractures.

Impaired brain development. Child abuse and neglect have been shown, in some cases, to
cause important regions of the brain to fail to form or grow properly, resulting in
impaired

development. These

alterations

in

brain

maturation

have

long-term

consequences for cognitive, language, and academic abilities.

Poor physical health. In addition to possible immediate adverse physical effects,

household dysfunction and childhood maltreatment are strongly associated with many
chronic physical and psychological effects, including subsequent ill-health in
childhood, adolescence and adulthood, with higher rates of chronic conditions, high-risk
health behaviours and shortened lifespan. Adults who experienced abuse or neglect
during childhood are more likely to suffer from physical ailments such as allergies,
arthritis, asthma, bronchitis, high blood pressure, and ulcers. There may be a higher risk
of developing cancer later in life, as well as possible immune dysfunction.

Exposure to violence during childhood is associated with shortened telomeres and with
reduced telomerase activity. The increased rate of telomere length reduction correlates to
a reduction in lifespan of 7 to 15 years.

Children who experience child abuse and neglect are 59% more likely to be arrested as
juveniles, 28% more likely to be arrested as adults, and 30% more likely to commit
violent crime.

Children who have a history of neglect or physical abuse are at risk of

developing psychiatric problems, or a disorganized attachment style. Disorganized
attachment

is

associated

with

including dissociative symptoms, as

number

well

as

of

developmental

anxiety,

depressive,

problems,
and acting

out symptoms. A study by Dante Cicchetti found that 80% of abused and maltreated
9

infants exhibited symptoms of disorganized attachment. When some of these children

become parents, especially if they suffer from posttraumatic stress disorder (PTSD),
dissociative symptoms, and other sequelae of child abuse, they may encounter
difficulty when faced with their infant and young children's needs and normative
distress, which may in turn lead to adverse consequences for their child's socialemotional development. Despite these potential difficulties, psychosocial intervention
can be effective, at least in some cases, in changing the ways maltreated parents think
about their young children.
Victims of childhood abuse, it is claimed, also suffer from different types of physical health
problems later in life. Some reportedly suffer from some type of chronic head, abdominal,
pelvic, or muscular pain with no identifiable reason. Even though the majority of childhood
abuse victims know or believe that their abuse is, or can be, the cause of different health
problems in their adult life, for the great majority their abuse was not directly associated with
those problems, indicating that sufferers were most likely diagnosed with other possible
causes for their health problems, instead of their childhood abuse. One long-term study found
that up to 80% of abused people had at least one psychiatric disorder at age 21, with problems
including depression, anxiety, eating disorders, and suicide attempts. One Canadian hospital
found that between 36% and 76% of women mental health outpatients had been abused, as
had 58% of women and 23% of men schizophrenic inpatients.
On the other hand, there are some children who are raised in child abuse, but who manage to
do unexpectedly well later in life regarding the preconditions. Such children have been
termed dandelion children, as inspired from the way that dandelions seem to prosper
irrespective of soil, sun, drought, or rain. Such children (or currently grown-ups) are of high
interest in finding factors that mitigate the effects of child abuse.

10

TYPES
There are several types of child abuse, but the core element that ties them together is the
emotional effect on the child. Children need predictability, structure, clear boundaries, and
the knowledge that their parents are looking out for their safety. Abused children cannot
predict how their parents will act. Their world is an unpredictable, frightening place with no
rules. Whether the abuse is a slap, a harsh comment, stony silence, or not knowing if there
will be dinner on the table tonight, the end result is a child that feel unsafe, uncared for, and
alone.
Emotional child abuse
Sticks and stones may break my bones but words will never hurt me? Contrary to this old
saying, emotional abuse can severely damage a childs mental health or social development,
leaving lifelong psychological scars. Examples of emotional child abuse include:

Constant belittling, shaming, and humiliating a child.

Calling names and making negative comparisons to others.

Telling a child he or she is no good," "worthless," "bad," or "a mistake."

Frequent yelling, threatening, or bullying.

Ignoring or rejecting a child as punishment, giving him or her the silent treatment.

Limited physical contact with the childno hugs, kisses, or other signs of affection.

Exposing the child to violence or the abuse of others, whether it be the abuse of a
parent, a sibling, or even a pet.

Emotional abuse refers to the psychological and social aspects of child abuse; it is the most
common form of child abuse.
Many parents are emotionally abusive without being violent or sexually abusive, However,
emotional abuse invariably accompanies physical and sexual abuse. Some parents who are
emotionally abusive parents practice forms of child-rearing that are orientated towards
fulfilling their own needs and goals, rather than those of their children. Their parenting style
may be characterised by overt aggression towards their children, including shouting and
intimidation, or they may manipulate their children using more subtle means, such as
emotional blackmail.

11

Emotional abuse does not only occur in the home. Children can be emotionally abused by
teachers and other adults in a position of power over the child. Children can also be
emotionally abused by other children in the form of "bullying". Chronic emotional abuse in
schools is a serious cause of harm to victimised children and warrants ongoing active
intervention.

How many children are emotionally abused or neglected? One American survey
found that a quarter of the sample of undergraduate students reported some form of
emotional abuse by their parents. Another quarter reported other forms of emotional
abuse outside the home, such as bullying

Who is most likely to be emotionally abused?Boys and girls are equally likely to be
victims of emotional abuse by their parents, and emotional maltreatment has been
reported to peak in the 6- to 8- year old range and to remain at a similar level
throughout adolescence .

What are the characteristics of emotionally abusive parents?Research findings

suggest that emotionally abusive parents have negative attitudes towards children,
perceive parents as unrewarding and difficult to enjoy, and that they associate their
own negative feelings with the child's difficult behaviour, particularly when the child
reacts against their poor parenting methods. *Emotional abuse has increasingly been
linked to parental mental health problems, domestic violence, drug and alcohol
misuse, being abused or having been in care as children.

Signs in childhood
From infancy to adulthood, emotionally abused people are often more withdrawn and
emotionally disengaged than their peers, and find it difficult to predict other people's
behaviour, understand why they behave in the manner that they do, and respond
appropriately.
Emotionally abused children exhibit a range of specific signs. They often:

feel unhappy, frightened and distressed

behave aggressively and anti-socially, or they may act too mature for their age

experience difficulties with academic achievement and school attendance

find it difficult to make friends

12

show signs of physical neglect and malnourishment

experience incontinence and mysterious pains.

Signs in adulthood
Adults emotionally abused as children are more likely to experience mental health problems
and difficulties in personal relationships. Many of the harms of physical and sexual abuse are
related to the emotional abuse that accompanies them, and as a result many emotionally
abused adults exhibit a range of complex psychological and psychosocial problems
associated with multiple forms of trauma in childhood.
Significant early relationships in childhood shape our response to new social situations in
adulthood. Adults with emotionally abusive parents are at a disadvantage as they try to form
personal, professional and romantic relationships, since they may easily misinterpret other
people's behaviours and social cues, or misapply the rules that governed their abusive
relationship with their parent to everyday social situations.
Physical child abuse
Physical abuse involves physical harm or injury to the child. It may be the result of a
deliberate attempt to hurt the child, but not always. It can also result from severe discipline,
such as using a belt on a child, or physical punishment that is inappropriate to the childs age
or physical condition.
Many physically abusive parents and caregivers insist that their actions are simply forms of
disciplineways to make children learn to behave. But there is a big difference between
using physical punishment to discipline and physical abuse. The point of disciplining children
is to teach them right from wrong, not to make them live in fear.
Physical assaults that would be serious criminal offenses if committed by one man against
another - for instance, hitting, slapping, or striking with an object - have been legally and
socially sanctioned when committed by a man against his wife and child, or by parents
against their children. Today, incidents of domestic violence committed against both women
and children remain at epidemic proportions, although there is increasing recognition within
the Australian community of the prevalence and harms of violence against women and
children.
13

1.Two out of every three children were physically abused.

2. Out of 69% children physically abused in 13 sample states, 54.68% were boys.
3. Over 50% children in all the 13 sample states were being subjected to one or the other
form of physical abuse
.4. Out of those children physically abused in family situations 88.6% were physically abused by parents
5. 65% of school going children reported facing corporal punishment i.e. two out of three
children were victims of corporal punishment
.6. 62% of the corporal punishment was in government and municipal school.
7. The State of Andhra Pradesh, Assam, Bihar and Delhi have almost consistently reported higher rates of
abuse in all forms as compared to other states
.8. Most children did not report the matter to anyone
.9. 50.2% children worked seven days a week.
Signs in childhood
Physically abused children find it difficult relating to their peers and the adults around them.
The constant threat of violence at home makes them perpetually vigilant and mistrustful, and
they may be overly domineering and aggressive in their attempts to predict and control other
people's behaviour. They are also vulnerable to "emotional storms", or instances of
overwhelming emotional responses to everyday situations. These "storms" can take the form
of profound grief, fear, or rage.
Physically abused children may also have problems with:

academic achievement

physical development and coordination

developing friendships and relationships

aggression and anger management

depression, anxiety and low self-esteem.

14

Signs in adulthood
Adults physically abused in childhood are at increased risk of either aggressive and violent
behaviour, or shy and avoidant behaviour leading to rejection or re-victimisation. This
polarised behaviour is often driven by hyper-vigilance and the anticipation of threat and
violence even in everyday situations. Men with a history of physical abuse in childhood are
particularly prone to violent behaviour, and physically abused men are over-represented
amongst violent and sexual offenders
Child neglect
Child neglecta very common type of child abuseis a pattern of failing to provide for a
child's basic needs, whether it be adequate food, clothing, hygiene, or supervision. Child
neglect is not always easy to spot. Sometimes, a parent might become physically or mentally
unable to care for a child, such as with a serious injury, untreated depression, or anxiety.
Other times, alcohol or drug abuse may seriously impair judgment and the ability to keep a
child safe.
Child neglect is the failure of a parent or other person with responsibility for the child to
provide needed food, clothing, shelter, medical care, or supervision to the degree that the
child's health, safety, and well-being are threatened with harm. Neglect is also a lack of
attention from the people surrounding a child, and the non-provision of the relevant and
adequate necessities for the child's survival, which would be a lacking in attention, love, and
nurture. Some of the observable signs in a neglected child include: the child is frequently
absent from school, begs or steals food or money, lacks needed medical and dental care, is
consistently dirty, or lacks sufficient clothing for the weather.
Older children might not show outward signs of neglect, becoming used to presenting a
competent face to the outside world, and even taking on the role of the parent. But at the end
of the day, neglected children are not getting their physical and emotional needs met.
Complaints of neglect constitute a significant proportion of notifications and referrals to child
protection services, However, there is no single definition of child neglect in Australia. It is

15

generally understood that "neglect" refers to a range of circumstances in which a parent or

caregiver fails to adequately provide for a child's needs:

through the provision of food, shelter and clothing

by ensuring their access to medical care when necessary

by providing them with care, love and support

by exercising adequate supervision and control of the child

by showing appropriate moral and legal guidance

by ensuring that the child regularly attends school

One of the contentious aspects of "neglect", as a category of child abuse, is that it is closely
related to socioeconomic status. Many parents lack the money and support to meet the
standards outlined above. Parents in financial need are also more likely to be in contact with
welfare services, which in turn are more likely to scrutinise their parenting practices, and
therefore more likely to make a report of abuse or neglect. As a result of these factors, poor
communities and poor families have often been stigmatised as epicentres of child abuse and
neglect. In fact, when adults in the community are asked to make retrospective reports,
emotional abuse and neglect occurs in all families, rich or poor.
1.Every second child reported facing emotional abuse.
2. Equal percentage of both girls and boys reported facing emotional abuse.
3. In 83% of the cases parents were the abusers.
4. 48.4% of girls wished they were boys.
Neglected children may experience delays in physical and psychosocial development,
possibly

resulting

in

psychopathology

and

impaired neuropsychological functions

including executive function, attention processing speed, language, memory and social
skills. Researchers investigating maltreated children have repeatedly found that neglected
children in foster and adoptive populations manifest different emotional and behavioural
reactions to regain lost or secure relationships and are frequently reported to have
disorganized attachments and a need to control their environment. Such children are not
likely to view caregivers as being a source of safety, and instead typically show an increase in
aggressive and hyperactive behaviours which may disrupt healthy or secure attachment with
their adopted parents. These children have apparently learned to adapt to an abusive and
inconsistent caregiver by becoming cautiously self-reliant, and are often described as glib,
16

manipulative and disingenuous in their interactions with others as they move through
childhood. Children who are victims of neglect have a more difficult time forming and
maintaining relationships, such as romantic or friendship, later in life due to the lack of
attachment they had in their earlier stages of life.
Sexual abuse
Child sexual abuse (CSA) is a form of child abuse in which an adult or older adolescent
abuses a child for sexual stimulation. Sexual abuse refers to the participation of a child in a
sexual act aimed toward the physical gratification or the financial profit of the person
committing the act. Forms of CSA include asking or pressuring a child to engage in sexual
activities (regardless of the outcome), indecent exposure of the genitals to a child, displaying
pornography to a child, actual sexual contact with a child, physical contact with the child's
genitals, viewing of the child's genitalia without physical contact, or using a child to
produce child pornography. Selling the sexual services of children may be viewed and treated
as child abuse with services offered to the child rather than simple incarceration.
Child sexual abuse is an especially complicated form of abuse because of its layers of guilt
and shame. It's important to recognize that sexual abuse doesn't always involve body contact.
Exposing a child to sexual situations or material is sexually abusive, whether or not touching
is involved.
Sexual abuse describes any incident in an adult engages a minor in a sexual act, or exposes
the minor to inappropriate sexual behaviour or material. Sexual abuse also describes any
incident in which a child is coerced into sexual activity by another child. A person may
sexually abuse a child using threats and physical force, but sexual abuse often involves subtle
forms of manipulation, in which the child is coerced into believing that the activity is an
expression of love, or that they child bought the abuse upon themself. Sexual abuse involves
contact and non-contact offences.

How many children are sexually abused? Approximately one third of women
surveyed in Australia have reported sexual abuse in childhood. Approximately 10% of
Australian men report sexual abuse in childhood.

17

Who is most likely to be sexually abused? Whilst all children are vulnerable to
sexual abuse, girls are more likely to be sexually abused than boys. Disabled children
are up to seven times more likely to be abused than their non-disabled peers.

How often is sexual abuse reported to the authorities? In one study of Australian
women, only 10% of child sexual abuse experiences were ever reported to the police,
a doctor, or a health agency.

Who sexually abuses children? Across all community-based studies, most abusers
are male and related to the child. Most adults who sexually abuse children are not
mentally ill and do not meet the diagnostic criteria for "paedophilia".

1. 53.22% children reported having faced one or more forms of sexual abuse.
2. Andhra Pradesh, Assam, Bihar and Delhi reported the highest percentage of sexual abuse
among both boys and girls.
3. 21.90% child respondents reported facing severe forms of sexual abuse and50.76% other
forms of sexual abuse.
4. Out of the child respondents, 5.69% reported being sexually assaulted.
5. Children in Assam, Andhra Pradesh, Bihar and Delhi reported the highestincidence of sexual
assault.
6. Children on street, children at work and children in institutional care reportedthe highest
incidence of sexual assault.
7. 50% abuses are persons known to the child or in a position of trust andresponsibility.
8. Most children did not report the matter to anyone.
Signs in childhood
Sexually abused children exhibit a range of behaviours, including:

Withdrawn, unhappy and suicidal behaviour

Self-harm and suicidality

Aggressive and violent behaviour

18

Bedwetting, sleep problems, nightmares

Eating problems e.g. anorexia nervosa and bulimia nervosa

Mood swings

Detachment

Pains for no medical reason

Sexual behaviour, language, or knowledge too advanced for their age

Signs in adulthood
Adults sexually abused as children have poorer mental health than other adults. They are
more likely to have a history of eating disorders, depression, substance abuse, and suicide
attempts. Sexual abuse is also associated with financial problems in adulthood, and a
decreased likelihood to graduate from high school or undertake further education

While news stories of sexual predators are scary, what is even more frightening is that sexual
abuse usually occurs at the hands of someone the child knows and should be able to trust
most often close relatives. And contrary to what many believe, its not just girls who are at
risk. Boys and girls both suffer from sexual abuse. In fact, sexual abuse of boys may be
underreported due to shame and stigma.
The problem of shame and guilt in child sexual abuse
Aside from the physical damage that sexual abuse can cause, the emotional component is
powerful and far-reaching. Sexually abused children are tormented by shame and guilt. They
may feel that they are responsible for the abuse or somehow brought it upon themselves. This
can lead to self-loathing and sexual problems as they grow olderoften either excessive
promiscuity or an inability to have intimate relations.
The shame of sexual abuse makes it very difficult for children to come forward. They may
worry that others wont believe them, will be angry with them, or that it will split their family
apart. Because of these difficulties, false accusations of sexual abuse are not common, so if a
child confides in you, take him or her seriously.

19

Effects

of

child

sexual

abuse

on

the

victim(s)

include guilt and self-

blame, flashbacks, nightmares, insomnia, fear of things associated with the abuse (including
objects, smells, places, doctor's visits, etc.), self-esteem issues, sexual dysfunction, chronic
pain, addiction, self-injury, suicidal ideation, somatic complaints, depression, post-traumatic
stress

disorder, anxiety, other mental

disorder and dissociative

identity

illnesses including borderline

disorder, propensity

personality

to re-victimization in

adulthood, bulimia nervosa, and physical injury to the child, among other problems.

BREAKING THE CYCLE OF CHILD ABUSE

Parental care and caution:

Learn what is age appropriate and what is not. Having realistic expectations of
what children can handle at certain ages will help you avoid frustration and anger at
normal child behavior. For example, newborns are not going to sleep through the
night without a peep, and toddlers are not going to be able to sit quietly for extended
periods of time.

Develop new parenting skills. While learning to control your emotions is critical,
you also need a game plan of what you are going to do instead. Start by learning
appropriate discipline techniques and how to set clear boundaries for your children.
Parenting classes, books, and seminars are a way to get this information. You can also
turn to other parents for tips and advice.

Take care of yourself. If you are not getting enough rest and support or youre
feeling overwhelmed, you are much more likely to succumb to anger. Sleep
deprivation, common in parents of young children, adds to moodiness and
irritabilityexactly what you are trying to avoid.

Get professional help. Breaking the cycle of abuse can be very difficult if the
patterns are strongly entrenched. If you cant seem to stop yourself no matter how
hard you try, its time to get help, be it therapy, parenting classes, or other
interventions. Your children will thank you for it.

Learn how you can get your emotions under control. The first step to getting your
emotions under control is realizing that they are there. If you were abused as a child,
you may have an especially difficult time getting in touch with your range of

20

emotions. You may have had to deny or repress them as a child, and now they spill
out without your control.

Governmental and NGO help:

Helplines: There are various situations in which the child is not able to report the problem or
express himself either due to the absence of his parents or due to the fear of them. In such
situations, it is very likely that the child goes deeper with his problems and then may be very
difficult to save him from the clutches of the terrible situation. The government and various
NGO came forward to save those kids and started various helplines which will serve dual
purposes; first the children can seek psychiatric help from the counsellors on the other side
and the other is to report the cases of abuse and provide the kids the required help.
Statutes and laws:
India doesn't have laws that specifically deal with child abuse and parental neglect. Apart
from criminal laws dealing with sexual abuse and serious sex crimes where the accused may
be the victim's father, there is no general law to punish parents for abusive or neglectful
parenting. Indian government in order to prevent child sexual abuse have made POCSO
(Prevention of children from Sexual Offences Act) where various highlights and model
guidelines have been laid. The act incorporates various child friendly procedures for
reporting, recording of the evidence, investigation and trial of offences.
There is no general law to punish parents for abusive parenting while such legislations are
present in western countries. There is a need to form such legislations in order to prevent the
children from this menace keeping in mind that the rate of child abuse is constantly and at a
fast rate increasing every year.
The ministry on its part has taken measures such as enabling legislation to establish the
National and State Commissions for Protection of Rights of the Child, the draft offences
against Children Bill etc. these are few important steps to ensure protection of children of the
country. But clearly, this will not be enough, the government, civil society and communities
need to implement each other and work towards creating a protective environment for
children.
21

CONCLUSION

It has been clearly emerged that across different kind of abuse, it is young children, in the 512 year group, who are most at risk of abuse and exploitation. Sensitivity of the subject made
it difficult to probe and collect in-depth information on different aspects of abuse. The gravity
of the situation demands that the issue of child abuse be placed on the national agenda. The
momentum gained needs to enhance further on the issue amongst all stakeholders and be
translated into a movement to ensure protection of children of this country. The project was
prepared to facilitate analysis of the existing legal framework to deal with the problem of
child abuse in the country and recommend strategies and programme interventions for
preventing and addressing issues of child abuse. The project will lead to heightened
awareness and greater response among families, communities and society at large leading to
strong interventions and further studies on child protection.

22

BIBLIOGRAPHY

Books:

Laura Hoyans and Caroline Keenan, Child Abuse, Oxford University Press

Eileen Munro , Child Protection , SAGE Publications 2007

Jane Fortin, Childrens rights and the developing law, Cambridge University Press
2005

James G. Dwyer , The relationship rights of children , Cambridge University

Press 2006

Websites:

http://www.scribd.com/

23