CULTURAL INFLUENCES ON REPORTING AND PROSECUTING CHILD SEXUAL ABUSE CASES UNDER POCSO

ABSTRACT

India is an country which known for its cultural diversity, which was attained through its long history, different religious practices, and different groups of people. The culture in India was rooted deeply toward the people and the culture plays a crucial role in shaping attitudes and behaviors of individuals, but the culture was also considered one of the factors for the sexual abuse towards the child. The child sexual abuse is an deeply concerning issue in society, it means any sexual activity done towards children by and person including their family members, this abuse are considered as severe violation of trust and boundary of an child and it has long-lasting effects on child life. For this India enacted the special Act called Protection of Children from Sexual Offences (POCSO) Act, 2012, its main objective for to protect children from those abuses, but in India people are mostly concerned about their family status, community pressure, reputation, etc., rather than their affected child. So it is a major drawback for the Act in prosecuting and reporting the abused cases, and this article delves the influence of culture in reporting and prosecuting the cases under POCSO, and what are the steps taken by the government to address these issue.

Keywords

Culture, Child Sexual Abuse, Society, POCSO, Reporting and Prosecuting.

INTRODUCTION

India can be seen as a cultural state in the sense that its identity and governance are deeply intertwined with its cultural heritage; one may consider Idea to be a cultural state. India’s government actively engages with its cultural wealth, from its Constitution, which recognizes and protects cultural diversity, to various policies promoting and preserving traditional arts and languages. Institutions like the Ministry of Culture and other cultural organizations also strive to highlight and promote India’s wide range of cultural expressions both locally and globally. Through initiatives like cultural festivals and exhibitions, India’s cultural diplomacy builds international recognition of its culture and encourages respect and understanding between nations. It plays a crucial role in Indian society, deeply intertwined with its social fabric. It encompasses traditions, customs, rituals, art forms, languages, and beliefs that have evolved over millennia. In India, culture influences modern identities and interactions in addition to serving as a reflection of the past. It affects family dynamics, political discourse, and social norms. Indian culture values variety, with each region showcasing unique customs and ways of life, furthermore, culture acts as a unifying factor, giving communities a sense of identity and cohesion. It also serves as a storehouse of wisdom, passing along knowledge and morals to the following generation. Indian culture is, in short, more than just a way of life; it is complex phenomenon that permeates all facets of life and promotes unity in the midst of diversity.

Child Sexual abuse (CSA), is also called as child molestation, which was a most significant issue on global scale, in which an adult or other person exploits a child for their own sexual pleasure. Child sexual abuse (CSA) is a grave violation of the child’s human rights and their life and it is considered as a serious offence. For any individual childhood was an precious stage in their life if an child get abused at that stage it will been a scar for their entire lifetime, and which leads the obstruction of the process of socialization towards the society.

According to the World Health Organization, child sexual abuse (CSA) as the involvement of child in sexual activity as 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.[1] It includes different sexual activity like fondling inviting a child to touch or be touched sexually, intercourse, exhibitionism, involving a child in prostitution or pornography, or online child luring by cyber-predators.[2]

There are some types of Child Sexual Abuse (CSA) those are

Physical abuse: A Parent or other person in a position of authority can mediate an argument or interacting that might put a child in danger of physical harm, we refer to this as physical abuse of children. The injuries that result from the behavior are considered abuse regardless of whether the behavior was intended to cause harm.

Emotional abuse: It is an frequently identified by a pattern of behavior that impedes the child’s emotional growth, making it very challenging to establish. The lack of evidence of emotional abuse of children is thought to pose a serious threat to the child protection system. When other forms of abuse in a child are found, emotional abuse is almost always involved.

Psychological abuse: Psychological abuse of children is defined as a series of intentional verbal or behavioral acts, or lack thereof, that convey to a child the sense that they are not good enough, unlovable, undesirable, in danger, or only useful to other people. Psychological abuse includes things like frightening a child, isolating them, and not providing them with emotional support. It is believed that a child who witnesses domestic abuse has also been the victim of psychological abuse.

Online abuse: It is any abuse that takes place on the internet; it can affect any web-connected device, such as tablets, smart phones, and computers. Online conversation, games, text messages, messaging apps, emails, live-streaming websites and conversation can happen anywhere, in addition to social media.

OBJECTIVES

To examine the role of culture on reporting POCSO cases.
To analyse the influence of culture in reporting and prosecuting child abuse cases
To get understand about the legislation regard with child sexual abuses.
To analyse the reason behind the unreported abuse cases in India.

CHILD ABUSE IN INDIA

India is home to about nineteen percentages (19%) of all children worldwide, making up 42% of the country’s population. In India the Child Sexual Abuse (CSA) has always been an hidden issue, generally it is ignored b the criminal justice system and the media. India signed the United Nations Convention on the Rights of the Child in 1992, pledging to protect its children from all form of sexual exploitation and abuse. The convention states that no child may be coerced or encouraged to engage in any illegal sexual activity.

Growing concerns about female infanticide, child rapes, and institutional abuse of children led to the commissioning of the first comprehensive government sponsored research study to assess the extent and type of child abuse in India. It is alarming to learn that over 53% of Indian children have experienced sexual abuse or assault, according to a government commissioned survey.

But, in India, the authorities were notified of only 3% of offences related to child sexual abuse (CSA), it occurred as a result of the societal shame attached to this kind of abuse and the criminal justice system chronic inability to provide for the needs of children who have been sexually assaulted. It is not unexpected that there is a substantial underreporting of child sexual abuse (CSA) given the shame and associated socio-cultural stigma, especially if the abuse take place within the family. The most of the sexual abuses done to the child by their close relatives.

LEGISLATION GOVERNING CHILD ABUSE IN INDIA

There are several Indian laws are there to protect child form those offences such as Indian Penal code (IPC), The Juvenile Justice (Care and Protection of Children) Act, 2015, The Suppression of Immoral Traffic in Women and Children Act, 1956, The Information Technology (IT) Act, 2000, and The Protection of Children from Sexual Offences (POCSO) Act, 2012.

Here we particularly see about the Protection of Children from Sexual Offences (POCSO) Act, 2012. In order to protect children from those assault, harassment, and pornography, as well as to protect their interests throughout the entire legal processes, the POCSO was passed into law. The Act’s design priorities the needs of children by incorporating features that make it simple to use and facilitate child-friendly reporting, evidence recording, investigation, and a prompt trial of offenders through specially designated Special Courts. The Act specifies a variety of offences in which the accused can be punished, it also makes acts of immodesty against children illegal and acknowledges penetration methods other than penile-vaginal penetration. Violations of the act include:

Penetrative Sexual Assault: Penis, object, or other body part inserted into a child’s vagina, urethra, anus, or mouth, or encouraging the child to do so with them or another person.[3]
Sexual Assault: When an adult makes a sexual contact with a child or allows a child to touch them or another person.[4]
Sexual harassment: Making sexually suggestive comments, making loud noises, following someone repeatedly, flashing, etc.[5]
Child Pornography: Use of child for pornographic purposes.[6]
Aggravated penetrative Sexual Assault/Aggravated Sexual Assault.[7]

For the accused as well as the children, the act is gender-neutral. In terms of pornography, the act makes it illegal to watch or gather any kind of child-related pornography. The Act makes it illegal to aid or encourage the sexual abuse of children; the POCSO Act was revised and strengthened in 2019. The amendment increased the minimum sentence for penetrative assault from 7 to 10 years, and 20 years if the victim was younger than 16 years old. The maximum, punishment was set at life in prison, and the death penalty was included for aggravated penetrative assault.

WHY DO CHILD SEXUAL ABUSE CASES GO UNREPORTED IN INDIA?

Even though there was strong law was enacted and punishment were increases and the judicial system get special power while trailing POCSO cases, still in India there are lots of cases were unreported, surprisingly this is not an unexpected one, because of the social stigma associated with such abuse, the criminal justice system consistently fails to adequately address the needs of children who have experienced sexual assaults. It is not unexpected that there is a substantial underreporting of child sexual abuse (CSA) given the shame and associated socio-cultural stigma, especially if the abuse takes place within the family.

People are misled into believing that disclosing sexual abuse is a way to harm the victim’s reputation rather than the offender’s, especially in India, even in this 21^st century many women remain silent about eh sexual abuse which they faced. They refuse to speak about it with their own family. When it comes to children, there are two major problems that amount to lack of reporting sexual abuse cases. First, Children themselves may not be aware that they have experienced sexual abuse, or if they are, they may be afraid to tell their parents about it out of fear of being threatened by the criminals. Second, Even after the child opens up, the parent choose not to pursue legal action because they believe it will harm the child in the future or that it will dishonor their own child and family name, apart from this, even the closest people who are in the inner circle of children would even advice the child to let not open their injustice to anyone with the same taboo of humiliation to the victim.

CULTURE AS FACTOR THAT INFLUENCES ON REPORTING AND PROSECUTING THE POCSO CASES:

In India, The Protection of Children from Sexual Offences (POCSO) Act which was influenced by various cultural factors when it comes to reporting and prosecuting child sexual abuse cases. Cultural norms, societal attitudes, and perceptions of shame and stigma surrounding sexual abuse can significantly impact how victims and their families perceive and respond to such cases some cultural influences include:

Stigma and Shame: Because of cultural norms that dictate discussing sexual abuse is taboo or shameful, victims and their families may be reluctant to report cases for fear of social stigma or reputational harm.
Hierarchy and Authority: Reporting can be hampered in hierarchical societies by people’s deference to powerful members of the community or authority figures, particularly if the offender is in a position of influence or authority .
Gender Dynamics: Cultural perceptions of gender roles and power relationships may have an impact on reporting and prosecution, especially if victim-blaming or disbelief results from the perpetrator’s perceived greater authority or control over the victim.
Community Pressure: Unfortunately, there may be social pressure to prevent POCSO (Protection of Children from Sexual Offences) cases from being reported, particularly when the offender is a well-known or respected member of the community. The fear of social rejection, victim-blaming, or backlash can prevent victims and their families from pursuing justice. This pressure emphasises how important it is to have social and legal frameworks that support reporting and safeguard victims.
Religious and Traditional Beliefs: The reporting of POCSO cases may also be influenced by traditional and religious beliefs. In certain societies, talking about sexual abuse may be frowned upon, or it may be thought that family members should handle these issues instead of reporting them to the police. Furthermore, family honor and avoiding shame may be prioritized by religious or cultural norms, which could result in underreporting or attempts to hide abuse. It’s critical to respectfully address these ideas while highlighting how crucial it is to safeguard children and pursue justice for victims.
Family honor and Reputation: Concerns about preserving family honor and reputation may lead to underreporting of abuse cases, as families may priorities maintaining societal expectations over seeking justice for the victim.

LEGISLATIVE MEASURES TAKEN FOR OVERCOME THE UNREPORTED OF POCSO CASES

In the Act of The Protection of Child from Sexual Offences (POCSO) Act, 2012, has certain provisions for to overcome the unreportness of Child Sexual Abuse (CSA) cases by Mandatory Reporting of the Offence[8], which is if any individual known that if an child was get abused by any other person or even family member the person must to reported to the authorities for to safeguard the children from the future abuse and the authorities filed an cases against the person who done the abuse to the child and take further steps.

This duty also extends to people working in any media, hotel, lodge, hospital, club or studio. If they come across anything that is sexually exploitative of the child in any way, they must report it to the special Juvenile Police Unit or the local Police.[9] If a person is in charge of an institution and ails to report an offence under POCSO committed by a subordinate, the person can be punished with imprison of up to 1 year and/or with fine.[10]

And, the major reason for the unreportness of abuse cases are the family or individual or fear about their identity, they thought if they filed a case on sexual abuse means it will affect their family reputation, honor, identity, so for this in POCSO Act it maintain the details of victim as confidential. Even the case filed in POCSO the victim represent as ‘X ( X (victim) vs (Respondent)) so the child information was not get disclose, and also there also can be no media report revealing the identity of the child. Thus there can be no showing a child’s photograph or mentioning the child’s name, address, family details, school, neighborhood, or any other detail that can lead to the identity of the child. Violation of this can lead to imprisonment of between 6 months (minimum) and 1 year in jail and/or fine.[11] So by this the victim identity was remains confidential so it promotes the reporting and prosecuting the POCSO cases.

CONCLUSION

Even though India has numerous laws protecting against various forms of child abuse, legislation that will finally put an end to this horrifying threat of child abuse still need to implement as well as education campaigns, public awareness campaigns, and cooperative efforts. Governmental machinery cannot run smoothly if everything isn’t in order. In addition to strengthening non-governmental organizations that work to safeguard and develop children, we must educate parents about these issues. The problem of non-reporting of cases not only prevails in rural areas but also in urban mainly in metropolitan cities, as children have very less time to share with their parents, many matters within the child never seems to converge with their parents, ultimately causing mental trauma to kids. Here, we should not entirely blamed the culture for non reporting cases but here we shows that the culture is also an one of the factors which influence the reporting and prosecuting of POCSO cases in India.

REFERENCES

The Protection of Children from Sexual Offences (POCSO) Act, 2012, No.32, Act of Parliament, 2012, (India)
Indian Penal Code, 1860, No. 45, Act of Parliament, 1860 (India)
The Juvenile Justice (Care and Protection of Children) Act, 2015, No.2, Act of Parliament, 2016 (India).
The Suppression of Immoral Traffic in Women and Children Act, 1956, No. 104, Act of Parliament, 1956 (India)
The Information Technology (IT) Act, 2000, No.21, Act of Parliament, 2000, (India)
Sanam Hayat, child sexual abuse in india a dark reality, https://www.rostrumlegal.com/child-sexual-abuse-in-india-a-dark-reality-/#_edn3
legalserviceindia,https://www.legalserviceindia.com/legal/article-809-child-sexual-abuse-and-the-law-in-india.html

[1] World Health Organization, https://iris.who.int Report of the consultation on child abuse prevention (WHO/HSC/PVI/99.1), (April 13^th, 2024, 12:44 PM ).

[2] Putnam FW., Ten-year research update review: Child and Adolescent Psychiatry. 2003; 42(3):269-78.

[3] The Protection of Children from Sexual Offences (POCSO) Act, 2012, section 3, No. 32, Act of Parliament, 2012, (India)

[4] The Protection of Children from Sexual Offences (POCSO) Act, 2012, section 7, No. 32, Act of Parliament, 2012, (India)

[5] The Protection of Children from Sexual Offences (POCSO) Act, 2012, section 11, No. 32, Act of Parliament, 2012, (India)

[6] The Protection of Children from Sexual Offences (POCSO) Act, 2012, section 13, No. 32, Act of Parliament, 2012, (India)

[7] The Protection of Children from Sexual Offences (POCSO) Act, 2012, section 9, No. 32, Act of Parliament, 2012, (India)

[8] The Protection of Children from Sexual Offences (POCSO) Act, 2012, section 19, No. 32, Act of Parliament, 2012, (India).

[9] The Protection of Children from Sexual Offences (POCSO) Act, 2012, section 20, No. 32, Act of Parliament, 2012, (India).

[10] The Protection of Children from Sexual Offences (POCSO) Act, 2012, section 21, No. 32, Act of Parliament, 2012, (India).

[11] The Protection of Children from Sexual Offences (POCSO) Act, 2012, section 23, Act, 2012, No.32, Act of Parliament, 2012, (India)

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