AN EMPIRICAL STUDY ON CHILDREN’S VULNERABILITY TO SEXUAL VIOLENCE DURING COVID 19 IN INDIA BY - HARNITA PRASAD, JAISRI Y R & LAKSHMI NARASIMHAN.S

AN EMPIRICAL STUDY ON CHILDREN’S VULNERABILITY TO SEXUAL VIOLENCE DURING

COVID 19 IN INDIA

AUTHORED BY - HARNITA PRASAD

BA LLB 2ND

SAVEETHA SCHOOL OF LAW,

SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCE (SIMATS)

CHENNAI-600077

EMAIL: HARNITAPRASAD60@GMAIL.COM

CO-AUTHOR - JAISRI Y R,

SAVEETHA SCHOOL OF LAW,

SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES (SIMATS)

CHENNAI

CONTACT NO: 8072653762

EMAIL ID: JAISRIYUVARAJ7@GMAIL.COM

CO-AUTHOR - LAKSHMI NARASIMHAN.S

(REG.NO. 132104008)

B.COM LLB (HONS.)

SAVEETHA SCHOOL OF LAW

SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES (SIMATS)

CHENNAI 600 077

SLNARASIMHAN26@GMAIL.COM

ABSTRACT

Child sexual abuse (CSA) remains one of the most pressing and far-reaching issues in India today. The trauma resulted from the sexual abuse can contribute to numerous adverse effects on children throughout their whole lifespan. In most cases, the child sexual abuse is not reported and the child is not provided with adequate therapeutic and protective assistance. And as a result, the child has to suffer alone in silence. During the COVID-19 pandemic, many countries have implemented emergency measures to reduce the spread of the disease. However, these measures may be intensifying sexual and gender-based violence, UN Women found that in the last 12 months, 243 million women aged 15–18 had been subjected to Sexual abuse by intimate partner. The impact of COVID-19 on sexual violence and children is a global issue, in India 61.6% increase in child abuse disclosures during COVID-19 in comparison to the previous year, with emotional abuse being the most frequent, followed by physical and sexual abuse. National Violence Against Children Survey finding that 13.5% of girls and 2.4% of boys experience sexual violence by the age of 17. However, this escalated further with the emergency measure introduced to prevent COVID-19 spread, including a nightly dusk-to-dawn curfew, travel restrictions, and school closures. Ongoing evidence collection by the Survivors of Sexual Violence in suggests that COVID-19 has changed patterns of sexual violence against children. First child sexual violence victims are now age 12 on average compared to 16 previously. The rise in child self-generated sexual material is another trend that challenges the existing response, with the Internet Watch Foundation observing a 77% increase in child self generated sexual material from 2019 to 2020. During the pandemic, the National center for missing and exploited childen indicated 100% increase in reports of suspected child sexual exploitation to its global CyberTipline. During the covid 19 lockdown in india, there was 95% rise in searches for child sexual abuse material, the NCMEC reported.

Keywords: children, sexual abuse, covid 19, India, violence against children, child victims.

INTRODUCTION

The pandemic situation is moving fast toward an emerging social crisis. Child sexual abuse is a widespread social problem that negatively affects victims, families, communities, and society, In many cases child sexual abuse has devastating consequences for the lives of those who suffer it, as it involves the destructuring of the chils’s behaviour and emotions and sometimes, series interference in his development. It can be defined as the activity in which an adult, taking advantage of his or her superiority, uses a minor to provide sexual pleasure, stimulation, or sexual gratification. As for the abusers, in about 85% of cases, they are male and their age is usually between 30 and 40 years. Abusers, especially in the case of girls, usually belong to childs closest environment, and are people she loves. The places where episodes of abuse occur are often the most frequented by the children. A review of 45 studies clearly demonstrated that sexually abused children had more symptoms than nonabused children, with abuse accounting for 15-45% of the variance. Fears, posttraumatic stress disorder, behavior problems, sexualized behaviors, and poor self-esteem occurred most frequently among a long list of symptoms noted, but no one symptom characterized a majority of sexually abused children. Some symptoms were specific to certain ages, and approximately one third of victims had no symptoms. Penetration, the duration and frequency of the abuse, force, the relationship of the perpetrator to the child, and maternal support affected the degree of symptomatology. About two thirds of the victimised children showed recovery during the first 12-18 months. The findings suggest the absence of any specific syndrome in children who have been sexually abused and no single traumatizing process. The World Health Organization (WHO) defines Child Sexual Abuse (CSA) as “the involvement of a child in sexual activity that he or she does not fully comprehend, is unable to give informed consent to, or for which the child is not developmentally prepared and cannot give consent, or that violates the laws or social taboos of society. Sexual violence mostly concerned children under 13 years old, seven victims were under five years of age and male victims represented half of the cases seen. The parental couple and the extended family were most often responsible for the cases of child abuse. The Childline India Foundation reported a 50% increase in the phone calls than usual days in the last two weeks of the lockdown. Out of the total calls received during the period, 30% were related to protection from abuse. During lockdown, CSA can be devastating as the isolation has further limited support networks, making it even more difficult for the victims to seek help or escape. When the data reveals that 93% of perpetrators are relatives or known individuals, this also exposes the possible magnitude of the associated helplessness and mental health consequences in the victims. Positive, nonviolent parenting and stress management self-help guides are required to be provided to parents. Social and community workers are suggested to be involved to ensure child protection services in fragile contexts and humanitarian crises. The rise in child self-generated sexual material is another trend that challenges the existing response, with the Internet Watch Foundation observing a 77% increase in child self generated sexual material from 2019 to 2020. During the pandemic, the National center for missing and exploited childen indicated 100% increase in reports of suspected child sexual exploitation to its global CyberTipline. During the covid 19 lockdown in india, there was 95% rise in searches for child sexual abuse material, the NCMEC reported. Government has taken initiatives against the child sexual violence such as The Protection of Children from Sexual Offences (POCSO) Act, 2012, The National Commission for Protection of Child Rights (NCPCR), The Juvenile Justice (Care and Protection of Children) Act, 24 hour child help line 1098 run by Childline. Comparison with the country USA, Despite the passage of the United Nations’ Convention on the Rights of the Child, countless children continue to be the victims of sexual violence in US, Child sexual abuse is a widespread social problem that negatively affects victims, families, communities, and society in usa and it has increased more in the covid-19 1 lakh and above childrens has suffered from sexual violence which led to depression in young children and caused life long trauma to them.

AIM

The aim of the Study is to study whether Children’s are Vulnerability adopted To Sexual Violence

OBJECTIVES

To study about sexual vulnerability faced by childrens during covid 19
Government Initiatives
Current trends on sexual vulnerability of children
Comparison with other countries

REVIEW OF LITERATURE

Child sexual abuse (CSA) is a serious and widespread problem in India as it is in many parts of the world today. The trauma associated with sexual abuse can contribute to arrested development, as well as a host of psychological and emotional disorders, that some children and adolescents may never overcome (David.k Child Sexual Abuse in India 2013). Child sexual abuse (CSA) is a universal problem with grave life-long outcomes.The World Health Organisation (WHO) defines as “the involvement of a child in sexual activity that he or she does not fully comprehend and is unable to give informed consent to, or for which the child is not developmentally prepared, or else that violate the laws or social taboos of society (Parsekar,Shradha.s Indian Scenario of the Problem2014). India is home to 19% of the world's children. As per the 2020 census, about 440 million individuals in India were below 18 years of age and constitute 42% of total population. A total of 33,098 cases of sexual abuse in children were reported in the nation during the year 2019 (Mannat singh Overview of Child Sexual Abuse 2014). The rates of sexual abuse tends to rise after commencement of menarche though children in the younger age-group also face several forms of it. The overall prevalence is seen to be high among both genders though studies suggest girls are more prone than boys. In most (95%) of the cases, the perpetrator is known to the child (relatives, neighbours, step parents, highly trusted people(Sreekumaran.N). The child sexual abuse is an under-reported offence in India, which has reached epidemic proportion. A recent study on prevalence of sexual abuse among adolescents. 36 per cent of boys and 35 per cent of girls had experienced sexual abuse at some point of time. A similar study conducted by the Government of India in 17,220 children and adolescents to estimate the burden of sexual abuse revealed shocking results and showed that every second child in the country was sexually abused (Naveen.ckumarChildsexual abuse: Issues& concerns2015) Children who are victims of sexual abuse often know the perpetrator in some way. Hence, the problem of child sexual abuse needs to be addressed through less ambiguous and more stringent punishment( SydneyMoraigtham2015). Child Sexual Abuse is an alarming reality and is being increasingly reported in India as well as globally. Paediatricians and allied medical professionals are often the first point of contact with abused children and their families. They have a key role in detecting Child Sexual Abuse, providing immediate and long-term care and support to the victims and their families. India has adopted the Protection of Children from Sexual Offences(RajeevSeth Child Sexual Abuse2017). Child Sexual Abuse (CSA) has only recently been publicly acknowledged as a problem in India. A welcome development has been the enactment of a special law—Protection of Children against Sexual Offences (POCSO) 2012—criminalising a range of acts including child rape, harassment, and exploitation for pornography(Jyoti belur Child sexual abuse and the law in India2015). Child sexual abuse (CSA) has been a hidden problem in India, largely ignored in public discourse and by the criminal justice system. Until recently, CSA was not acknowledged as a criminal offence; rape was the main, if not the only, specific sexual offence against children recognised by law in India(Brijesh singh2015). Ministry of Women and Child Development concluded that 53.22% of children reported having faced sexual abuse of which 21.90% faced severe form.Sexual abuse in children refers to sexual behavior between a child and an adult or between two children when one of them is significantly older or uses coercion(P.B.Behere Sexual abuse in women with special reference to children2013). Child abuse in one or another form has existed in almost all societies throughout the history however, recognition of child abuse as a social problem is of recent origin. The research on child sexual abuse (CSA) in India has not received much attention this due to low reporting of victims. Nearly, 53% of children faced some amount of sexual abuse; among them 52.94% were boys and 47.06% girls (Marian.k). When a child or young person is sexually abused, they're forced or tricked into sexual activities. They might not understand that what's happening is abuse or that it's wrong. And they might be afraid to tell someone. Sexual abuse can happen anywhere – and it can happen in person or online(Sexual Abuse). Getting the right support when a child has been abused is so important. But after sexual abuse, children and their families often struggle to navigate health and social care, therapeutic services, police, and often, the criminal justice process by themselves (Help the children2018). Any child is at risk of being sexual abused. It's important to remember that both boys and girls can be sexually abused. Most children who've been sexual abused were abused by someone they know. This could be a family member, a friend or someone who has targeted them – like a teacher or sports coach(Risk of the children2018). To be effective in preventing child sexual abuse we must have a clear understanding of what it involves. Here is how the American Professional Society on the Abuse of Children (APSAC). Child sexual abuse involves any sexual activity with a child where consent is not or cannot be given. This includes sexual contact that is accomplished by force or threat of force, regardless of the age of the participants, and all sexual contact between an adult and a child, regardless of whether there is deception or the child understands the sexual nature of the activity(Abusecampaign2020). Child sexual abuse is a major public health problem. The long-term emotional and physical damage after sexual abuse can be devastating to the child.(Abuse campaign2021) Children who experience sexual abuse and other “adverse childhood experiences” (ACEs) such as physical abuse or neglect, have a higher chance of developing depression, posttraumatic stress disorder, drug addiction, and suicidal behaviors later in life (No.9 Updated May 2020). Physical Examination of the Child With Suspected Sexual Abuse Unfortunately, many physicians are unfamiliar with genital anatomy and examination, particularly in the prepubertal child. Sexual abuse is the misuse of a child for the sexual gratification of an older child or an adult. This misuse of power may or may not involve physical contact (Robert M.2020). The best available data indicate that in the 1980s there had been a significant rise in the number of reports of sexual abuse, related perhaps to increased public and professional awareness of sexual abuse (Basil.j Child Abuse and Neglect2018). Child sexual abuse is the involvement of children in sexual activities that they cannot understand, for which they are developmentally unprepared and thus cannot give consent. Sexual abuse can, but does not always, involve physical contact (Karenj 2019).

RESEARCH METHODOLOGY

The methodology used in this study is empirical research.Empirical research is based on observed and measured phenomena and derives knowledge from actual experience rather than from theory or belief. Empirical research is where you conduct “hands on” experimentation. In other words, you get your results from actual experience rather than from a theory or belief. The idea that knowledge is largely attained through exploration of concepts, deduction, intuition and revelation. Sample size and method is a sample of 200 individuals that has been collected by way of random sampling.The research Question ,whether the right to clean environment is the basic human right, Independent variables is age, gender, marital status, educational qualification,occupation and income. Dependent variable is whether the extended family were most often responsible for the sexual abuse of the children, the reason for sexual violence of children is because of the mental and physical weakness, do you think the child will disclose about the sexual abuse they encountered or experienced and do you think the government has initiated enough steps to reduce sexual violence against children.

DATA ANALYSIS

Figure 1

Legend: figure 1 represents the age and the gender of the overall population and 41.51% are female between the age of 18-25.

Figure 2

Legend: figure 2 represents the education qualification and annual income of the overall population and 28.30% are UG students.

Figure 3

Legend: figure 3 represents the occupation and education qualification of the overall population and 38.68% are self employment.

Figure 4

Legend: figure 4 represents the age and marital status of the overall population and 25.94% are unmarried.

Figure 5

Legend: figure 5 represents the annual income and occupation of the overall population and 24.06% are in the public sector and salary above 4,00,001 to 500,001.

Figure 6

Legend: figure 6 has been recorded among different genders in respective of the question‘whether the extended family were most often responsible for the sexual abuse of the children’ and 66.04% of the population which are women have said yes.

Figure 7

Legend: figure 7 has been recorded among different age groups in respective of the question ‘the reason for sexual violence of children is because of the mental and physical weakness’ and 37.26% of the population who are between the age of 18-25 have agreed.

Figure 8

Legend: figure 8 has been recorded among different education qualification in respective of the question’do you think the child will disclose about the sexual abuse they encountered or experienced’ and 25.95% who are UG students agreed to the child will not have the courage to disclose the truth.

Figure 9

Legend: figure 9 has been recorded among different occupation in respective of the question ‘do you think the government has initiated enough steps to reduce sexual violence against children’ and 22.65% has agreed to 3%.

CHI SQUARE

RESULT

Figure 1 represents the age and the gender of the overall population and are female. Figure 2 represents the education qualification and annual income of the overall population and are UG students. Figure 3 represents the occupation and education qualification of the overall population and are self employment. Figure 4 represents the age and marital status of the overall population and are unmarried. Figure 5 represents the annual income and occupation of the overall population and are in the public sector. Figure 6 has been recorded among different genders in respective of the question‘whether the extended family were most often responsible for the sexual abuse of the children’ and of the population which are women. Figure 7 has been recorded among different age groups in respective of the question ‘the reason for sexual violence of children is because of the mental and physical weakness’ and overall of the population have agreed. Figure 8 has been recorded among different education qualification in respective of the question’do you think the child will disclose about the sexual abuse they encountered or experienced’ and overall population who are UG students agreed to the child will not have the courage to disclose the truth. Figure 9 has been recorded among different occupation in respective of the question ‘do you think the government has initiated enough steps to reduce sexual violence against children’ and has agreed to 3%. Figure 1 in chi square represents the question the extended family are most often responsible for the cases of sexual abuse in children and overall population has agreed. Figure 2 in chi square represents the question do you think child will disclose about the sexual abuse they encountered or experienced and overall population who are female have agreed to the child will not have the courage to disclose the truth.

DISCUSSION

figure 1 represents the age and the gender of the overall population and 41.51% are female between the age of 18-25. figure 2 represents the education qualification and annual income of the overall population and 28.30% are UG students. figure 3 represents the occupation and education qualification of the overall population and 38.68% are self employment. figure 4 represents the age and marital status of the overall population and 25.94% are unmarried. figure 5 represents the annual income and occupation of the overall population and 24.06% are in the public sector and salary above 4,00,001 to 500,001. figure 6 has been recorded among different genders in respective of the question‘whether the extended family were most often responsible for the sexual abuse of the children’ and 66.04% of the population which are women have said yes. figure 7 has been recorded among different age groups in respective of the question ‘the reason for sexual violence of children is because of the mental and physical weakness’ and 37.26% of the population who are between the age of 18-25 have agreed. figure 8 has been recorded among different education qualification in respective of the question’do you think the child will disclose about the sexual abuse they encountered or experienced’ and 25.95% who are UG students agreed to the child will not have the courage to disclose the truth. figure 9 has been recorded among different occupation in respective of the question ‘do you think the government has initiated enough steps to reduce sexual violence against children’ and 22.65% has agreed to 3%. Chi square figure 1 represents the question the extended family are most often responsible for the cases of sexual abuse in children and people between the age of 18-25 has agreed to it. figure 2 in chi square represents the question do you think child will disclose about the sexual abuse they encountered or experienced and overall population have agreed to the child will not have the courage to disclose the truth.

SUGGESTION

Every year, millions of girls and boys around the world face sexual abuse and exploitation. Sexual violence occurs everywhere – in every country and across all segments of society. A child may be subjected to sexual abuse or exploitation at home, at school or in their community. The widespread use of digital technologies can also put children at risk. Most often, abuse occurs at the hands of someone a child knows and trusts. At least 120 million girls under the age of 20 about 1 in 10 have been forced to engage in sex or perform other sexual acts, although the actual figure is likely much higher. Roughly 90 per cent of adolescent girls who report forced sex say that their first perpetrator was someone they knew, usually a boyfriend or a husband. But many victims of sexual violence, including millions of boys, never tell anyone. Implementing and enforcing laws that mandate reporting of sexual violence against children by designated professionals and Strong legislation, dedicated law enforcement, and a specialized judiciary serve as a critical foundation for effective prevention and response; comprehensive and effective legislation can enable law should be done.

LIMITATION

Child sexual abuse can affect psychological and physical well-being, family and intimate relationships, faith, and education and career. Victims and survivors can also be two to four times more likely to become victims of sexual, physical or emotional abuse again in their lifetime. Since 1 April 2013, sexual offences against children that carry a sentence of eight years are no longer subject to a limitation period. This means, for example, that there is no longer a statute of limitation for rape, indecent assault and intercourse with children younger than 16 years of age. The statute of limitations has been scrapped for serious sexual offences committed after 1 April 2013 and for offences for which the limitation period had not yet expired on that date. One of the most profound effects of child sexual abuse is the damaging impact it can have on the ability to form and maintain close, loving relationships ‒ both intimate and platonic. It can affect the relationships that victims and survivors have at the time of the sexual abuse and for the rest of their lives. They may find it difficult to talk to partners, family and friends about the sexual abuse, preventing others from being able to help and offer support.

CONCLUSION

There are multiple risks which have to be addressed by our contemporary societies. One obviously is that if someone is locked up with a predator, it is a horrific situation and we know from decades of research that, unlike what is sometimes believed, most of the sexual predations of children occur within the domestic environment. So, there are hundreds of thousands, maybe more children being locked up with their perpetrator without having any chance of disclosure since they are 24/7 under the surveillance of their own perpetrator. There is also another very important aspect to this issue which concerns children locked up in residential or institutional care facilities. We know that in these facilities there is an increased risk of victimisation of children. Societies should increase efforts to keep them in a safe environment and not leave them exposed. Societies should make information very available to those children. Given the fact that millions of children are currently at home, societies should try to incorporate information on seeking assistance and on asking for help in daily contact with those children – for instance, in the distance-learning and training activities.

REFERENCE

Kendall-Tackett, K. A., Williams, L. M., & Finkelhor, D. (1993). Impact of sexual abuse on children: A review and synthesis of recent empirical studies. Psychological 113(1),164–180

Front. Psychol., 30 August 2019 Sec. Gender, Sex and Sexualities https://doi.org/10.3389/fpsyg.2019.02018

Choudhry V, Dayal R, Pillai D, Kalokhe AS, Beier K, Patel V. Child sexual abuse in India: A systematic review. PLoS One. 2018;13(10):e0205086. Published 2018 Oct 9. doi:10.1371/journal.pone.0205086

Mekaoui N, Aouragh H, Jeddi Y, Rhalem H, Dakhama BSB, Karboubi L. Child sexual abuse and COVID-19 pandemic: another side effect of lockdown in Morocco. Pan Afr Med J. 2021;38:57. Published 2021 Jan 18. doi:10.11604/pamj.2021.38.57.27385

Fayaz, Irfan. (2021). child sexual abuse in India during covid-19. 9. 173-178.

Srivastava, Archana. (2020). Role of Existing Policies in the Upliftment of Socially Deprived Children-with Special Reference to SC, ST and OBC. 37. 32-40.

https://www.aacap.org/AACAP/Families_and_Youth/Facts_for_Families/FFF-Guide/Child-Sexual-Abuse-009.aspx

Deane, Tameshnie. (2017). A commentary on the positive discrimination policy of India. Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad. Doi: 12. 27.

10.17159/1727-3781/2009/v12i1a2719.

Waughray, Annapurna. (2010). Caste Discrimination and Minority Rights: The Case of India's Dalits. International Journal on Minority and Group Rights. Doi: 17. 10.1163/157181110X495926.

Thornberry, Patrick. (2005). Confronting Racial Discrimination: A CERD Perspective. Human Rights Law Review. Doi: 5. 10.1093/hrlr/ngi015.

Keane, David. (2005). Descent-based Discrimination in International Law: A Legal History. International Journal on Minority and Group Rights. Doi: 12. 93-116. 10.1163/1571811053890371.

https://books.google.co.in/books?hl=en&lr=&id=De1y_QDXUSIC&oi=fnd&pg=PP15&dq=sexual+abuse+of+children+in+usa&ots=vxbH_xjDGk&sig=oMnI0r1JyJoZIbD3nb

PLAGIARISM