6.10.11
Hindustan Times
NEED STRINGENT LAW FOR CASES OF CHILD SEXUAL ABUSE
The case of a six-year parent, who was allegedly sodomised by a teacher, has revived the debate on the need for a stringent law on child sexual abuse.
The Protection of Children Against Sexual Offences Bill, which proposes harsher punishment of imprisonment from seven years to life, is still pending in the Parliament.
While the bill addresses issues such as defining sexual abuse and setting up of special courts to deal with such cases, activists have raised questions regarding the age of consent and lack of preventive clauses.
“In the absence of a special law, it is hard to prove cases in court,“ said Nishit Kumar, spokesperson, Childline, a nonprofit, which works for child rights.
The bill also recommends the appointment of a special public prosecutor in such cases.
“There is no proper law to deal with cases where victims are boys. The new bill is gender neutral, which is good,“ said Priti Patkar, who runs an NGO called Prerna that helps children of commercial sex workers.
The bill proposes to make all offences related to child sexual abuse non-bailable.
“No matter how good the draft is, if the machinery is not implemented it is useless,“ said Sangeeta Punekar, a child rights activist, adding that the bill needs to address witness protection.
Another concern for experts is the age of consent. The bill states that if a victim is between 16 to 18 years, then his/her consent needs to be considered.
Author Pinki Virani, whose book Bitter Chocolate deals with child sexual abuse in India, wrote a letter to the Parliamentary Standing Committee in July for redrafting of the bill. “Around 25% of child prostitutes are between 15 and 18 years of age.
Around five lakh children are forced into this trade every year.
The state wants to add to these figures by lowering the age (of consent),“ the letter states.
Yug Chaudhary, a criminal lawyer, said the bill could criminalise exploratory sexual behaviour among children. He said the bill widened the range of sexual offences without providing adequate protection. “If two 15-yearolds have consensual sex, the bill puts the boy in the range of criminal law and makes consensual innocence irrelevant,“ he said.
October 10, 2011
October 9, 2011
8.10.11
Times of India
State manual is unscientific and biased: NGO
MUMBAI: The Mumbai-based health NGO Cehat joined the case for a streamlined medico-legal response to sexual assault. It has since sought the World Health Organization's help in drawing up the guidelines. The WHO's response to the Maharashtra pro forma was sent to the committee appointed by the HC early this year, but little has been incorporated.
"There is little emphasis on physical and psychological treatment of the victim,'' said Cehat's Sangeeta Rege, adding that the focus is still on rape and not on sexual assault. There is no mention of putting the victim on preventive treatment for HIV or pregnancy. The organization has sent a letter of protest to the directorate of health's Dr Archana Patil. "The manual just doesn't incorporate the internationally accepted definition of "sexual violence" and therefore continues to be unscientific and biased against women,'' said the letter. A long-standing demand to include a standardized checklist for doctors has also been ignored.
The activists feel that observations about a woman's nutritional status or physical constitution could lead to bias: for instance, the assumption that a well-built woman can resist sexual assault. Secondly, doctors don't need to ascertain the size of the accused's penis, his ability to assault or the presence of hymen in the victim to underline rape. "Hymen can tear due to a physical activity like cycling,'' said Rege. Lastly, some evidence may be lost because victims may delay complaining to the police or doctors. "So, stressing on the presence of injuries is not right,'' she added.
Dr Walter Vaz, who heads KEM Hospital's forensic department and is an advisor to Cehat in this case, said that certain points had to be downplayed and others to be highlighted in the pro forma. "The hymen is an overrated piece of tissue. We need to downplay it as well as potency of the accused. Gentle reminders about questions doctors need to ask patients may help,'' he said.
Lawyer-activist Flavia Agnes, who was present for the committee's meeting on August 6, concurred. "We need to stress on treatment for patients, especially those who don't want to lodge a complaint. Public hospital doctors may ask such a rape victim to go and not even treat her.''
Incidentally, the WHO observations mentioned the need for "probes'' or questions that doctors need to ask. "The victim needs to be asked if there was oral or anal sex. The doctors too are part of our society and many feel squeamish about asking such questions. Hence, we need a list of probes,'' said Rege. However, the committee has in its August 6 consultations turned down this suggestion saying that it would be a leading question. Police surgeon Dr S M Patil, who is a member of the state government committee, said that the committee comprised gynaecologists, forensic experts and resident doctors who do the actual examination of victims. "It wasn't the decision of one person. An entire committee has thought and worked it out. Moreover, it is not necessary that all that health activists say is right.'' The next hearing is on October 12.
Times of India
State manual is unscientific and biased: NGO
MUMBAI: The Mumbai-based health NGO Cehat joined the case for a streamlined medico-legal response to sexual assault. It has since sought the World Health Organization's help in drawing up the guidelines. The WHO's response to the Maharashtra pro forma was sent to the committee appointed by the HC early this year, but little has been incorporated.
"There is little emphasis on physical and psychological treatment of the victim,'' said Cehat's Sangeeta Rege, adding that the focus is still on rape and not on sexual assault. There is no mention of putting the victim on preventive treatment for HIV or pregnancy. The organization has sent a letter of protest to the directorate of health's Dr Archana Patil. "The manual just doesn't incorporate the internationally accepted definition of "sexual violence" and therefore continues to be unscientific and biased against women,'' said the letter. A long-standing demand to include a standardized checklist for doctors has also been ignored.
The activists feel that observations about a woman's nutritional status or physical constitution could lead to bias: for instance, the assumption that a well-built woman can resist sexual assault. Secondly, doctors don't need to ascertain the size of the accused's penis, his ability to assault or the presence of hymen in the victim to underline rape. "Hymen can tear due to a physical activity like cycling,'' said Rege. Lastly, some evidence may be lost because victims may delay complaining to the police or doctors. "So, stressing on the presence of injuries is not right,'' she added.
Dr Walter Vaz, who heads KEM Hospital's forensic department and is an advisor to Cehat in this case, said that certain points had to be downplayed and others to be highlighted in the pro forma. "The hymen is an overrated piece of tissue. We need to downplay it as well as potency of the accused. Gentle reminders about questions doctors need to ask patients may help,'' he said.
Lawyer-activist Flavia Agnes, who was present for the committee's meeting on August 6, concurred. "We need to stress on treatment for patients, especially those who don't want to lodge a complaint. Public hospital doctors may ask such a rape victim to go and not even treat her.''
Incidentally, the WHO observations mentioned the need for "probes'' or questions that doctors need to ask. "The victim needs to be asked if there was oral or anal sex. The doctors too are part of our society and many feel squeamish about asking such questions. Hence, we need a list of probes,'' said Rege. However, the committee has in its August 6 consultations turned down this suggestion saying that it would be a leading question. Police surgeon Dr S M Patil, who is a member of the state government committee, said that the committee comprised gynaecologists, forensic experts and resident doctors who do the actual examination of victims. "It wasn't the decision of one person. An entire committee has thought and worked it out. Moreover, it is not necessary that all that health activists say is right.'' The next hearing is on October 12.
8.10.11
THE HINDU
Defining ‘consent'
India is finally ready with a comprehensive Bill that will protect children from sexual abuse. But the Bill, says author-activist Pinki Virani, has a major flaw regarding sexual consent that needs to be immediately addressed and the stakeholders consulted before it becomes law.
With a certain Standing Committee so much in the news, let us look at what is happening with another Standing Committee looking into a Bill to protect children from sexual abuse by adults. Author-activist Pinki Virani, a National Award winner for Bitter Chocolate: Child Sexual Abuse in India, has been lobbying for a comprehensive law on this issue for more than a decade. Here, she opens up on the detailed letter she has sent the Standing Committee on what more needs to be fixed before the Parliament votes it in as a landmark law.
Excerpts from an interview…
What exactly does the Protection of Children from Sexual Offences Bill, 2011, entail?
It is India's first legislation, ever, to protect children sexually from predatory adults. Children here refer to minors, i.e. ranging from newly-born to 17 years, 11 months and 29 days. At 18, the child becomes a major. To date, there is no law in India to protect those under 18 from paedophiles. The few cases being reported have been tried in adult courts under adult laws and timeframes. The Bill, when it becomes law, will change this.
Of the nine points that you say need urgent attention, which is the most important?
The Bill, bizarrely, introduces a clause that almost legalises child sexual abuse. The clause, paraphrased, says that should an adult sexually abuse a child between 16 and 18 years, it will be examined as if the child “consented”. Surreally, consent has not been taken from the real stakeholders on whether the consent age can be lowered from 18 to 16, thereby disenfranchising this entire age-group and future generations from legal protection against sexual abuse. The stakeholders can, must, and always have to be, those directly concerned.
Who are the stakeholders?
Parents and grandparents, who might also be working professionals like doctors, lawyers, psychiatrists, counsellors and even elected Members of Parliament and Assemblies whose informed insight should help shape the child's rights-space. Teachers and educationists. Young adults above 18. And those in 16-18 age group right now.
What qualifies as consent?
Here is how consent can be misconstrued if this clause is passed. A 16-year-old girl is being taught dance by an adult instructor. Like all perpetrators, he grooms her so that there will be no ongoing objection; slowly he moves in to perform several sexual acts with her. The onus to prove that she did not want “it” will be upon her. As it will on a 17-year-old-boy sodomised by an adult male known to him. Or even one whom he has recently met, and doesn't know that he has been snared into that part of the web looking for “fresh male meat”. For instance, in a chat-room on the Internet, then they meet in person and the boy is sodomised.
Is the age of consent 16 years worldwide?
It differs from country to country. In countries where it is 16, it is understood to mean “informed consent”. These nations also try to ensure that safeguards are in place for their young to fall back upon should they need immediate and sensitive legal assistance, starting with the police moving in to immediately stop the adult forcing himself/herself sexually upon the minor the moment there is a call for help, even if the minor falls in the consent-band. More so since child sex abusers rarely stop at one child/instance. Research indicates that adults can sexually abuse up to 35 children before being identified as paedophiles.
There is also a very real concern in developed nations about the appalling side-effects of child sexual abuse, which tend to criminalise the child and also carry over to future generations. Generally speaking, sexually abused children grow up misunderstanding their original sexuality; some become hyper-sexualised and are traumatised by their bisexuality. Boys can become wife-beaters, girls indifferent mothers. Some grow to become child sexual abusers themselves.
Who decides consent-age?
The stakeholders. Lowering of age requires a differently-worded and independent law; it cannot be a part of this Bill, which needs to be passed through both houses of Parliament after due discussion. Before this informed consent needs to be taken from the stakeholders by spelling out the pros and cons. Stakeholders can be informed through print, TV and radio ads to access a particular site on nic.in. Ministries have enough “advertising money”, which can also be more effectively utilised towards informing stakeholders who do not have access to nic.
With more Indian teenagers having sex at a younger age, what is the harm in lowering the age of consent?
First, don't confuse adults preying upon children sexually with teens experimenting between themselves. Second, there are overwhelming factors leading to too-early sexualisation of Indian teens that need to be addressed. What, then, would be the next lowering of age-band, from 16 to 13, then 10? Third and finally, it is a decision to be taken by the stakeholders, not by politicians alone. As the clause now stands it leaves our children at the mercy of adult sexual abusers.
Will existing laws on prostitution or their stricter implementation help reduce the number of children forced into the flesh trade?
Child prostitution has become pervasive. India ranks high internationally in child-sex-tourism and pornography. With the police cracking down in Thailand and Amsterdam, paedophiles have turned their attention to India. Children form a sickening chunk of the Rs. 40,000 crore commercial sex industry. Of this, 25 per cent of the child prostitutes are between 15 and 18 years of age; this is bound to increase should the “consent” age be decreased.
Given that 53 per cent of Indian children are subjected to sexual abuse, don't you think it is also important to educate children about sex?
Prevention is better than cure always, especially when it comes to child sexual abuse. The HRD ministry must formulate a graded module on sex education — schools can call it whatever they want if they don't want to use the word “sex” — for schools and colleges. This incremental information should be disseminated and each school/college can then apply it to their own cultural environment after discussion and with the active collaboration of their Parent-Teacher Associations. Teachers can conduct one interactive class per year (starting from primary going up to Class XII). The education-modules should include child sexual abuse but not be limited to it and expand age-appropriately to provide holistic information on the body, its rights and its responsibilities.
Would you say that if government reduces the consent age from 18 to 16 without consulting stakeholders, the most vulnerable will be mostly street children, young labour, and college freshers vis-à-vis ragging?
Well, yes and no. What about children who are equally vulnerable in middle and upper-class homes? Research shows that child sexual abuse cuts across class, money and religious lines. The statistics speak for themselves: 50 per cent of the children are sexually assaulted in their own homes. Perpetrators frequently “groom” the child to ensure that it will be compliant. To reduce the age of consent from 18 to 16 is to increase the risk. College-going call-girls and boy-toys/stud-boys would be seen as legally “consenting” when they give sex in exchange for money/drugs/better report cards et al, thereby legalising the use of a young body as barter.
This is the only Bill that, when it becomes law, will protect not only our current generation of children but every generation hereafter.
What can you do?
Readers can send their letters to the Rajya Sabha's committee currently examining the Bill, addressed to: Mr. Oscar Fernandes, Rajya Sabha MP, Head, Parliamentary Standing Committee, Human Resource Development, Rm 515, 5th floor, Parliament House Annexe, Delhi 110001.
8.10.11
THE HINDU
Plan to set up women and child welfare department: Chandy
First Child Resource Centre in country set up in Thrissur
The State government is planning to set up a separate department for women and child development, Chief Minister Oommen Chandy has said.
He was speaking after inaugurating a UNICEF-aided Child Resource Centre, which will guide local governments on effective child-centric governance, at the Kerala Institute of Local Administration (KILA), near here, on Saturday.
“The State Planning Board has suggested such a department on the lines of the Union Ministry of Women and Child Development. The proposed department will function under the Social Welfare Minister,” he said.
Kerala was one of the few States, which had implemented the guidelines of the Integrated Programme for Child Protection of the Union government, he said. A Child Protection Council had already been set up in the State, he said.
Mr. Chandy urged the local governments to activate grama sabhas to strengthen democratic decentralisation.
The State government had submitted an application to the Union Ministry of Human Resources for securing deemed university status for KILA, the Chief Minister said.
Minister for Social Welfare and Grama Panchayats M.K. Muneer said that the State would have a Nutrition Policy soon. The main focus of the policy would be to provide nutritional food to growing children, the Minister said.
“Even while the State claims high health standards, 70 per cent of children in the tribal areas are victims of persistent poverty and malnutrition,” he said.
Though there were more than 33,000 anganwadis in the State, there was no system to monitor their activities, he said.
Sathish Kumar, Chief of Field Office (Kerala and Tamil Nadu), UNICEF, said lack of stringent punishment to culprits was promoting the violence against children in the State.
“About 60 per cent of the abusers are close relatives of the children. So majority of the crimes go unreported. The conspiracy of silence around child sexual abuse in society has to be shattered,” he said.
The focus of UNICEF's programme in Kerala would be to address the second generation development problems, including high suicide rates and increasing cases of child abuse, Dr. Satish Kumar said.
The Child Resource Centre (CRC), first of its kind in the country, would facilitate Local governments to design and implement comprehensive child development programmes. The major activities of the CRC would include organising training programmes for members of local governments, setting up of on-line repository on child governance, formation of consortium of stakeholders engaged in child governance, and policy advocacy.
A handbook, a training manual, and a video on ‘Comprehensive Child Development and local governments' were released on the occasion.
District panchayat president K.V. Dasan; and KILA Director P.P. Balan, and assistant professor Peter M. Raj were among those participated in the programme.
THE HINDU
Defining ‘consent'
India is finally ready with a comprehensive Bill that will protect children from sexual abuse. But the Bill, says author-activist Pinki Virani, has a major flaw regarding sexual consent that needs to be immediately addressed and the stakeholders consulted before it becomes law.
With a certain Standing Committee so much in the news, let us look at what is happening with another Standing Committee looking into a Bill to protect children from sexual abuse by adults. Author-activist Pinki Virani, a National Award winner for Bitter Chocolate: Child Sexual Abuse in India, has been lobbying for a comprehensive law on this issue for more than a decade. Here, she opens up on the detailed letter she has sent the Standing Committee on what more needs to be fixed before the Parliament votes it in as a landmark law.
Excerpts from an interview…
What exactly does the Protection of Children from Sexual Offences Bill, 2011, entail?
It is India's first legislation, ever, to protect children sexually from predatory adults. Children here refer to minors, i.e. ranging from newly-born to 17 years, 11 months and 29 days. At 18, the child becomes a major. To date, there is no law in India to protect those under 18 from paedophiles. The few cases being reported have been tried in adult courts under adult laws and timeframes. The Bill, when it becomes law, will change this.
Of the nine points that you say need urgent attention, which is the most important?
The Bill, bizarrely, introduces a clause that almost legalises child sexual abuse. The clause, paraphrased, says that should an adult sexually abuse a child between 16 and 18 years, it will be examined as if the child “consented”. Surreally, consent has not been taken from the real stakeholders on whether the consent age can be lowered from 18 to 16, thereby disenfranchising this entire age-group and future generations from legal protection against sexual abuse. The stakeholders can, must, and always have to be, those directly concerned.
Who are the stakeholders?
Parents and grandparents, who might also be working professionals like doctors, lawyers, psychiatrists, counsellors and even elected Members of Parliament and Assemblies whose informed insight should help shape the child's rights-space. Teachers and educationists. Young adults above 18. And those in 16-18 age group right now.
What qualifies as consent?
Here is how consent can be misconstrued if this clause is passed. A 16-year-old girl is being taught dance by an adult instructor. Like all perpetrators, he grooms her so that there will be no ongoing objection; slowly he moves in to perform several sexual acts with her. The onus to prove that she did not want “it” will be upon her. As it will on a 17-year-old-boy sodomised by an adult male known to him. Or even one whom he has recently met, and doesn't know that he has been snared into that part of the web looking for “fresh male meat”. For instance, in a chat-room on the Internet, then they meet in person and the boy is sodomised.
Is the age of consent 16 years worldwide?
It differs from country to country. In countries where it is 16, it is understood to mean “informed consent”. These nations also try to ensure that safeguards are in place for their young to fall back upon should they need immediate and sensitive legal assistance, starting with the police moving in to immediately stop the adult forcing himself/herself sexually upon the minor the moment there is a call for help, even if the minor falls in the consent-band. More so since child sex abusers rarely stop at one child/instance. Research indicates that adults can sexually abuse up to 35 children before being identified as paedophiles.
There is also a very real concern in developed nations about the appalling side-effects of child sexual abuse, which tend to criminalise the child and also carry over to future generations. Generally speaking, sexually abused children grow up misunderstanding their original sexuality; some become hyper-sexualised and are traumatised by their bisexuality. Boys can become wife-beaters, girls indifferent mothers. Some grow to become child sexual abusers themselves.
Who decides consent-age?
The stakeholders. Lowering of age requires a differently-worded and independent law; it cannot be a part of this Bill, which needs to be passed through both houses of Parliament after due discussion. Before this informed consent needs to be taken from the stakeholders by spelling out the pros and cons. Stakeholders can be informed through print, TV and radio ads to access a particular site on nic.in. Ministries have enough “advertising money”, which can also be more effectively utilised towards informing stakeholders who do not have access to nic.
With more Indian teenagers having sex at a younger age, what is the harm in lowering the age of consent?
First, don't confuse adults preying upon children sexually with teens experimenting between themselves. Second, there are overwhelming factors leading to too-early sexualisation of Indian teens that need to be addressed. What, then, would be the next lowering of age-band, from 16 to 13, then 10? Third and finally, it is a decision to be taken by the stakeholders, not by politicians alone. As the clause now stands it leaves our children at the mercy of adult sexual abusers.
Will existing laws on prostitution or their stricter implementation help reduce the number of children forced into the flesh trade?
Child prostitution has become pervasive. India ranks high internationally in child-sex-tourism and pornography. With the police cracking down in Thailand and Amsterdam, paedophiles have turned their attention to India. Children form a sickening chunk of the Rs. 40,000 crore commercial sex industry. Of this, 25 per cent of the child prostitutes are between 15 and 18 years of age; this is bound to increase should the “consent” age be decreased.
Given that 53 per cent of Indian children are subjected to sexual abuse, don't you think it is also important to educate children about sex?
Prevention is better than cure always, especially when it comes to child sexual abuse. The HRD ministry must formulate a graded module on sex education — schools can call it whatever they want if they don't want to use the word “sex” — for schools and colleges. This incremental information should be disseminated and each school/college can then apply it to their own cultural environment after discussion and with the active collaboration of their Parent-Teacher Associations. Teachers can conduct one interactive class per year (starting from primary going up to Class XII). The education-modules should include child sexual abuse but not be limited to it and expand age-appropriately to provide holistic information on the body, its rights and its responsibilities.
Would you say that if government reduces the consent age from 18 to 16 without consulting stakeholders, the most vulnerable will be mostly street children, young labour, and college freshers vis-à-vis ragging?
Well, yes and no. What about children who are equally vulnerable in middle and upper-class homes? Research shows that child sexual abuse cuts across class, money and religious lines. The statistics speak for themselves: 50 per cent of the children are sexually assaulted in their own homes. Perpetrators frequently “groom” the child to ensure that it will be compliant. To reduce the age of consent from 18 to 16 is to increase the risk. College-going call-girls and boy-toys/stud-boys would be seen as legally “consenting” when they give sex in exchange for money/drugs/better report cards et al, thereby legalising the use of a young body as barter.
This is the only Bill that, when it becomes law, will protect not only our current generation of children but every generation hereafter.
What can you do?
Readers can send their letters to the Rajya Sabha's committee currently examining the Bill, addressed to: Mr. Oscar Fernandes, Rajya Sabha MP, Head, Parliamentary Standing Committee, Human Resource Development, Rm 515, 5th floor, Parliament House Annexe, Delhi 110001.
8.10.11
THE HINDU
Plan to set up women and child welfare department: Chandy
First Child Resource Centre in country set up in Thrissur
The State government is planning to set up a separate department for women and child development, Chief Minister Oommen Chandy has said.
He was speaking after inaugurating a UNICEF-aided Child Resource Centre, which will guide local governments on effective child-centric governance, at the Kerala Institute of Local Administration (KILA), near here, on Saturday.
“The State Planning Board has suggested such a department on the lines of the Union Ministry of Women and Child Development. The proposed department will function under the Social Welfare Minister,” he said.
Kerala was one of the few States, which had implemented the guidelines of the Integrated Programme for Child Protection of the Union government, he said. A Child Protection Council had already been set up in the State, he said.
Mr. Chandy urged the local governments to activate grama sabhas to strengthen democratic decentralisation.
The State government had submitted an application to the Union Ministry of Human Resources for securing deemed university status for KILA, the Chief Minister said.
Minister for Social Welfare and Grama Panchayats M.K. Muneer said that the State would have a Nutrition Policy soon. The main focus of the policy would be to provide nutritional food to growing children, the Minister said.
“Even while the State claims high health standards, 70 per cent of children in the tribal areas are victims of persistent poverty and malnutrition,” he said.
Though there were more than 33,000 anganwadis in the State, there was no system to monitor their activities, he said.
Sathish Kumar, Chief of Field Office (Kerala and Tamil Nadu), UNICEF, said lack of stringent punishment to culprits was promoting the violence against children in the State.
“About 60 per cent of the abusers are close relatives of the children. So majority of the crimes go unreported. The conspiracy of silence around child sexual abuse in society has to be shattered,” he said.
The focus of UNICEF's programme in Kerala would be to address the second generation development problems, including high suicide rates and increasing cases of child abuse, Dr. Satish Kumar said.
The Child Resource Centre (CRC), first of its kind in the country, would facilitate Local governments to design and implement comprehensive child development programmes. The major activities of the CRC would include organising training programmes for members of local governments, setting up of on-line repository on child governance, formation of consortium of stakeholders engaged in child governance, and policy advocacy.
A handbook, a training manual, and a video on ‘Comprehensive Child Development and local governments' were released on the occasion.
District panchayat president K.V. Dasan; and KILA Director P.P. Balan, and assistant professor Peter M. Raj were among those participated in the programme.
October 4, 2011
Times of India
Teacher held for sodomy in Walkeshwar
MUMBAI: A six-year-old student of Walkeshwar's Manav Mandir School was allegedly repeatedly sodomized by his physical education teacher last week. The parents said the school tried to hush up the issue and protect the teacher by blaming another student. The Malabar Hill police arrested Shivaji Tawade on Sunday night and charged him with unnatural sex and criminal intimidation.
Tawade allegedly asked Rehan (name changed to protect identity) to accompany him to the bathroom on Wednesday morning. He then allegedly sexually abused him and warned him not to tell anyone about what had happened.
The next day, Tawade allegedly repeated the act, after which Rehan broke down. Tawade also reportedly threatened Rehan that he would throw him under a running bus if he revealed his name, and told him to tell his parents that Sahil (name changed), a class VI student, was abusing him.
When Rehan went home that day, his parents found him distressed. Rehan's father said, "He refused to go to school and said he wanted to stay home for some days. When we tried to cajole him, he started crying and told us that Sahil had molested him." Rehan's mother went to his school the next day and complained to the administrator about Sahil. The administrator, T R K Varma, told Sahil's mathematics teacher, Hiren, to find out what had happened.
Sahil's parents alleged that Hiren was Tawde's co-conspirator and forced Sahil to write a confession, claiming that he had accompanied Rehan to the toilet and molested him. "He made my son write five letters as he was not satisfied with the exact words. He dictated the letter and told him that if he didn't do as told, his parents would be notified and he would be expelled from school," said Sahil's mother. The letter was given to the administrator, who rusticated Sahil for three days to conduct an enquiry. "Even I cannot believe that an 11-year-old boy can do something like this. But since Rehan's mother had given a written complaint and the boy confessed, we had to temporarily suspend him. We are cooperating with the police," said Varma.
Rehan was upset and unusually quiet, which was causing concern to his family. He started bleeding when his mother was bathing him on Sunday. When his shocked parents asked him if he was hiding anything, Rehan revealed what Tawade had done to him and how he had forced him to frame Sahil. His parents then filed a police complaint, apologized to Sahil's parents for the false complaint, and told them what exactly happened.
Rehan was taken to the Nagpada police hospital for a checkup.
Tawade has been remanded to police custody till Friday. "We have completed a panchnama and have interrogated the school authorities. Investigations are on," said Vinay Bagade, Malabar Hill senior police inspector.
The families of Sahil and Rehan have demanded that the principal reinstate Sahil and dismiss Tawade and Hiren. "The principal is being uncooperative and trying to save the teachers. How can we let our children study in such a school," they asked.
COUNSELLING CRUCIAL, SHOCKED PRINCIPALS
MUMBAI: The Walkeshwar sodomy incident has left school principals across the city in a state of panic. What worried most of them was the increasing cases over the past year and the vulnerability of students falling prey to such incidents.
"Counseling is the first and most important step a school has to take as it may not be only the student who was victimized but others who know about the incident may also be affected," said Rekha Shahani, principal, Kamla High School, Khar (W). She said such incidents leave a "lifetime of fear" in students and parents and it was important to seek professional help.
The Walkeshwar school's alleged attempt to brush the issue under the carpet has left many educationists shocked. "No matter who is at fault, schools must never ignore such incidents. Action should be taken immediately, to assure other parents that their children are safe, and to warn those with similar intentions," said the principal of a South Mumbai school.
"One must think about the trauma the child and parents go through, rather than worry about their image in society," the principal added.
While most schools have started counseling sessions for students, many principals agreed that it was important to sensitize even young children. "It is important to teach all the difference between a good and bad touch," said Deepshikha Srivastava, principal, Rajhans Vidyalaya, Andheri. Psychiatrists said it was important for schools to seek help from outside counselors in such cases.
4.9.11
Hindustan Times
'Teach children to report sexual abuse'
The arrest of a Walkeshwar schoolteacher on Monday for allegedly sodomising a six-year-old student underscores the need of preventive programmes and stringent security policies as most cases of child sexual abuse are not reported, say child rights activists.
"Nearly 180 million children in India are marginalised and are extremely vulnerable," said Nishit Kumar, spokesperson for Childline, a non-profit which runs a help line for children. "It is critical to organise preventive programmes so that children can recognise and avoid abuse." In March, Childline started an awareness programme in 600 schools in the city, using story-telling to make children aware of sexual abuse.
Arpan, an NGO that works to protect children from sexual abuse, recently completed a six-day personal safety workshop at Bombay Cambridge School, Andheri, and will start a similar initiative in the city's low-income group schools after Diwali.
"This programme is essential because it helps children speak out," said Savita, principal, Bombay Cambridge School. "They need to know that if something goes wrong it is not their fault and they can share it."
According to a 2007 report by the ministry of women and child development (see box), 53.22% of the 12,447 children surveyed across 13 states said that they had faced one or more form of sexual abuse, but most did not report it. Although abuse is prevalent in all strata of society, those most vulnerable include children on the streets, along with those made to work, and the ones in institutional care.
"Much work needs to be done in the area of prevention," said Pooja Taparia, founder and CEO of Arpan. "Moreover, parents need awareness and knowledge on how to intervene appropriately when abuse is reported. Often, children feel uncomfortable about opening up because parents do not believe them."
Priti Patkar, director of Prerna, an NGO which provides shelter to children of commercial sex workers, said schools should screen their staff. "Children may or may not retain safety training, but schools must have a child protection policy and a dedicated mechanism to receive complaints."
Hindustan Times
Schools skirt sex education debate by opting for counselling, slideshows
City schools are no longer shy of addressing issues related to child sexual abuse and many have started conducting sessions in which children and parents are made aware about the issue. "Cases of sexual harassment have been on the rise in schools and younger children are more vulnerable as they may not be able to express themselves," said Deepshikha Srivastav, principal of Rajhans Vidyalaya, Andheri. "We have full-time counsellors who conduct sessions on good touch and bad touch," she added.
Like Rajhans, other schools have also responded to the demand for such awareness. A few months ago, parents of students from Eurokids, Versova, had complained about a young teacher who allegedly taught toddlers how to kiss.
Following the incident, another pre-school, Podar Jumbo Kids, Santacruz, prepared a slideshow on the difference between a 'good touch' and a 'bad touch'. The slideshow is shown to toddlers' parents, staff members and even bus attendants. Moreover, all Central Board of Secondary Education (CBSE) schools have an adolescent development programme wherein children are taught about sex education, among other things.
However, whether sex education is required at the school level is still a strongly debated issue. When asked if it should be made mandatory, Srivastav said, "Children are too young to understand what is sexual and what is asexual. But they can be taught a lot of things indirectly which conveys the message better."
Activists, and survivors of child sexual abuse have a different opinion on sex education. "We need to understand the difference between sex education and pornography. Sex education will not provoke children but will enable them to come up the right words to indicate an act of abuse," said Harish Iyer, a media professional, who was a victim of sexual abuse for 11 years. "Had I known at the age of five what was happening with me, I wouldn't have been abused for so long. Sex education is the need of the hour."
Teacher held for sodomy in Walkeshwar
MUMBAI: A six-year-old student of Walkeshwar's Manav Mandir School was allegedly repeatedly sodomized by his physical education teacher last week. The parents said the school tried to hush up the issue and protect the teacher by blaming another student. The Malabar Hill police arrested Shivaji Tawade on Sunday night and charged him with unnatural sex and criminal intimidation.
Tawade allegedly asked Rehan (name changed to protect identity) to accompany him to the bathroom on Wednesday morning. He then allegedly sexually abused him and warned him not to tell anyone about what had happened.
The next day, Tawade allegedly repeated the act, after which Rehan broke down. Tawade also reportedly threatened Rehan that he would throw him under a running bus if he revealed his name, and told him to tell his parents that Sahil (name changed), a class VI student, was abusing him.
When Rehan went home that day, his parents found him distressed. Rehan's father said, "He refused to go to school and said he wanted to stay home for some days. When we tried to cajole him, he started crying and told us that Sahil had molested him." Rehan's mother went to his school the next day and complained to the administrator about Sahil. The administrator, T R K Varma, told Sahil's mathematics teacher, Hiren, to find out what had happened.
Sahil's parents alleged that Hiren was Tawde's co-conspirator and forced Sahil to write a confession, claiming that he had accompanied Rehan to the toilet and molested him. "He made my son write five letters as he was not satisfied with the exact words. He dictated the letter and told him that if he didn't do as told, his parents would be notified and he would be expelled from school," said Sahil's mother. The letter was given to the administrator, who rusticated Sahil for three days to conduct an enquiry. "Even I cannot believe that an 11-year-old boy can do something like this. But since Rehan's mother had given a written complaint and the boy confessed, we had to temporarily suspend him. We are cooperating with the police," said Varma.
Rehan was upset and unusually quiet, which was causing concern to his family. He started bleeding when his mother was bathing him on Sunday. When his shocked parents asked him if he was hiding anything, Rehan revealed what Tawade had done to him and how he had forced him to frame Sahil. His parents then filed a police complaint, apologized to Sahil's parents for the false complaint, and told them what exactly happened.
Rehan was taken to the Nagpada police hospital for a checkup.
Tawade has been remanded to police custody till Friday. "We have completed a panchnama and have interrogated the school authorities. Investigations are on," said Vinay Bagade, Malabar Hill senior police inspector.
The families of Sahil and Rehan have demanded that the principal reinstate Sahil and dismiss Tawade and Hiren. "The principal is being uncooperative and trying to save the teachers. How can we let our children study in such a school," they asked.
COUNSELLING CRUCIAL, SHOCKED PRINCIPALS
MUMBAI: The Walkeshwar sodomy incident has left school principals across the city in a state of panic. What worried most of them was the increasing cases over the past year and the vulnerability of students falling prey to such incidents.
"Counseling is the first and most important step a school has to take as it may not be only the student who was victimized but others who know about the incident may also be affected," said Rekha Shahani, principal, Kamla High School, Khar (W). She said such incidents leave a "lifetime of fear" in students and parents and it was important to seek professional help.
The Walkeshwar school's alleged attempt to brush the issue under the carpet has left many educationists shocked. "No matter who is at fault, schools must never ignore such incidents. Action should be taken immediately, to assure other parents that their children are safe, and to warn those with similar intentions," said the principal of a South Mumbai school.
"One must think about the trauma the child and parents go through, rather than worry about their image in society," the principal added.
While most schools have started counseling sessions for students, many principals agreed that it was important to sensitize even young children. "It is important to teach all the difference between a good and bad touch," said Deepshikha Srivastava, principal, Rajhans Vidyalaya, Andheri. Psychiatrists said it was important for schools to seek help from outside counselors in such cases.
4.9.11
Hindustan Times
'Teach children to report sexual abuse'
The arrest of a Walkeshwar schoolteacher on Monday for allegedly sodomising a six-year-old student underscores the need of preventive programmes and stringent security policies as most cases of child sexual abuse are not reported, say child rights activists.
"Nearly 180 million children in India are marginalised and are extremely vulnerable," said Nishit Kumar, spokesperson for Childline, a non-profit which runs a help line for children. "It is critical to organise preventive programmes so that children can recognise and avoid abuse." In March, Childline started an awareness programme in 600 schools in the city, using story-telling to make children aware of sexual abuse.
Arpan, an NGO that works to protect children from sexual abuse, recently completed a six-day personal safety workshop at Bombay Cambridge School, Andheri, and will start a similar initiative in the city's low-income group schools after Diwali.
"This programme is essential because it helps children speak out," said Savita, principal, Bombay Cambridge School. "They need to know that if something goes wrong it is not their fault and they can share it."
According to a 2007 report by the ministry of women and child development (see box), 53.22% of the 12,447 children surveyed across 13 states said that they had faced one or more form of sexual abuse, but most did not report it. Although abuse is prevalent in all strata of society, those most vulnerable include children on the streets, along with those made to work, and the ones in institutional care.
"Much work needs to be done in the area of prevention," said Pooja Taparia, founder and CEO of Arpan. "Moreover, parents need awareness and knowledge on how to intervene appropriately when abuse is reported. Often, children feel uncomfortable about opening up because parents do not believe them."
Priti Patkar, director of Prerna, an NGO which provides shelter to children of commercial sex workers, said schools should screen their staff. "Children may or may not retain safety training, but schools must have a child protection policy and a dedicated mechanism to receive complaints."
Hindustan Times
Schools skirt sex education debate by opting for counselling, slideshows
City schools are no longer shy of addressing issues related to child sexual abuse and many have started conducting sessions in which children and parents are made aware about the issue. "Cases of sexual harassment have been on the rise in schools and younger children are more vulnerable as they may not be able to express themselves," said Deepshikha Srivastav, principal of Rajhans Vidyalaya, Andheri. "We have full-time counsellors who conduct sessions on good touch and bad touch," she added.
Like Rajhans, other schools have also responded to the demand for such awareness. A few months ago, parents of students from Eurokids, Versova, had complained about a young teacher who allegedly taught toddlers how to kiss.
Following the incident, another pre-school, Podar Jumbo Kids, Santacruz, prepared a slideshow on the difference between a 'good touch' and a 'bad touch'. The slideshow is shown to toddlers' parents, staff members and even bus attendants. Moreover, all Central Board of Secondary Education (CBSE) schools have an adolescent development programme wherein children are taught about sex education, among other things.
However, whether sex education is required at the school level is still a strongly debated issue. When asked if it should be made mandatory, Srivastav said, "Children are too young to understand what is sexual and what is asexual. But they can be taught a lot of things indirectly which conveys the message better."
Activists, and survivors of child sexual abuse have a different opinion on sex education. "We need to understand the difference between sex education and pornography. Sex education will not provoke children but will enable them to come up the right words to indicate an act of abuse," said Harish Iyer, a media professional, who was a victim of sexual abuse for 11 years. "Had I known at the age of five what was happening with me, I wouldn't have been abused for so long. Sex education is the need of the hour."
October 1, 2011
1.10.11
Mumbai Mirror
Omar says sorry after J&K govt gives out names of rape victims
Srinagar A few days after the Jammu and Kashmir government made public the names of hundreds of rape victims from the state, triggering massive outrage, Chief Minister Omar Abdullah on Friday tendered an unqualified apology for the insensitive act.
“Since I am the chief minister and the home minister of the state, I have a deep sense of shame and a deep sense of apology over the disclosures of the names of rape victims. I tender an unqualified apology to the rape victims and their families and I will ensure such a thing does not happen again,” Abdullah told the Assembly.
Responding to a question in the Assembly seeking details of rape victims, the state home ministry, headed by the CM, not only gave tehsil-wise details of the rapes but also the names of the victims, their parents and residential addresses.
Abdullah assured the house that he would get back to the members after making a thorough enquiry as to why the list was released.
The publication of rape victims' names is in contravention of Section 228 (A) of the Indian Penal Code that deals with the disclosure of the identity of the victim of certain offences.
A total of 1,326 rapes cases had been registered in the state since 2006. However, only one person had been convicted of the crime so far during the last five years, the government reply said.
Bulk of the rape cases are sub-judice or under investigation.
Mumbai Mirror
Omar says sorry after J&K govt gives out names of rape victims
Srinagar A few days after the Jammu and Kashmir government made public the names of hundreds of rape victims from the state, triggering massive outrage, Chief Minister Omar Abdullah on Friday tendered an unqualified apology for the insensitive act.
“Since I am the chief minister and the home minister of the state, I have a deep sense of shame and a deep sense of apology over the disclosures of the names of rape victims. I tender an unqualified apology to the rape victims and their families and I will ensure such a thing does not happen again,” Abdullah told the Assembly.
Responding to a question in the Assembly seeking details of rape victims, the state home ministry, headed by the CM, not only gave tehsil-wise details of the rapes but also the names of the victims, their parents and residential addresses.
Abdullah assured the house that he would get back to the members after making a thorough enquiry as to why the list was released.
The publication of rape victims' names is in contravention of Section 228 (A) of the Indian Penal Code that deals with the disclosure of the identity of the victim of certain offences.
A total of 1,326 rapes cases had been registered in the state since 2006. However, only one person had been convicted of the crime so far during the last five years, the government reply said.
Bulk of the rape cases are sub-judice or under investigation.
29.9.11
Hindustan times
Crimes against women on the rise
Despite the tall claims of equality and empowerment, women in Mumbai are feeling increasingly unsafe and instances of violence against them are on the rise.
While some crimes such as dowry-related deaths and harassment have seen a steep decline, serious offences such as rape,
Molestation and kidnapping have increased drastically.
Until August 2010, the Mumbai police had registered 39 cases of rape; the number has shot up to 56 for same period this year. Similarly, 12 women were reported kidnapped from January to August 2010, which has increased to 19 for the same period this year.
The safety perception takes its most serious hit when molestation cases are compared — from 287 recorded until August 2010, they have risen to 345 this year.
A senior woman police officer said, “Most labourers living here are alien and are mostly staying alone or with other men. Their families, if any, are back in their hometowns and to fulfill their prurient desires they target women in their area, which leads to increase in cases of rape and molestation.”
According to Jaywant Hargude, assistant commissioner of police (crime branch), “Earlier, women were scared to approach the police fearing societal stigma, but now they have become bold and want their tormentor punished.”
Hindustan times
Crimes against women on the rise
Despite the tall claims of equality and empowerment, women in Mumbai are feeling increasingly unsafe and instances of violence against them are on the rise.
While some crimes such as dowry-related deaths and harassment have seen a steep decline, serious offences such as rape,
Molestation and kidnapping have increased drastically.
Until August 2010, the Mumbai police had registered 39 cases of rape; the number has shot up to 56 for same period this year. Similarly, 12 women were reported kidnapped from January to August 2010, which has increased to 19 for the same period this year.
The safety perception takes its most serious hit when molestation cases are compared — from 287 recorded until August 2010, they have risen to 345 this year.
A senior woman police officer said, “Most labourers living here are alien and are mostly staying alone or with other men. Their families, if any, are back in their hometowns and to fulfill their prurient desires they target women in their area, which leads to increase in cases of rape and molestation.”
According to Jaywant Hargude, assistant commissioner of police (crime branch), “Earlier, women were scared to approach the police fearing societal stigma, but now they have become bold and want their tormentor punished.”
25.9.11
Times of India
Medical evidence not always must to prove rape: HC
NAGPUR: Without strong medical evidence, the offence of rape is difficult to prove. However, in a landmark verdict, the Nagpur bench of Bombay High Court has ruled that medical evidence is not always necessary to prove an offence of rape.
"Merely because there is no medical evidence to prove sexual intercourse, it can't be held that the accused is innocent," a single-judge bench of justice UV Bakre ruled, adding that 'this is because there is strong, truthful and reliable evidence of the victim.' The court dismissed the appeal filed by Maroti Sadmake, a Gadchiroli headmaster who was convicted of raping a minor by a lower court, after almost nine years of the crime.
Citing a report by Dr Sadhana Joshi, who examined 12-yearold Komolika (name changed) for ascertaining injuries and sexual assault, the court observed that 'in girls aged about 13-14 years, the hymen is tough and without rupture of hymen, the sexual intercourse is possible with slight penetration.' Justice Bakre, while upholding the Gadchiroli sessions court verdict of convicting Sadmake, ruled that victim's testimony 'inspires full confidence, is wholly reliable and has circumstantial support of the testimonies of other witnesses'.
Komolika, a Std IV student of an ashramshala in Dhanora, used to stay in the hostel at the time of the incident. After the exam, some students went home, but Komolika stayed back. On April 16, 1994, around 8pm, when she was returning after attending nature's call, Sadmake forcibly took her to a nearby field and raped her.
Times of India
Medical evidence not always must to prove rape: HC
NAGPUR: Without strong medical evidence, the offence of rape is difficult to prove. However, in a landmark verdict, the Nagpur bench of Bombay High Court has ruled that medical evidence is not always necessary to prove an offence of rape.
"Merely because there is no medical evidence to prove sexual intercourse, it can't be held that the accused is innocent," a single-judge bench of justice UV Bakre ruled, adding that 'this is because there is strong, truthful and reliable evidence of the victim.' The court dismissed the appeal filed by Maroti Sadmake, a Gadchiroli headmaster who was convicted of raping a minor by a lower court, after almost nine years of the crime.
Citing a report by Dr Sadhana Joshi, who examined 12-yearold Komolika (name changed) for ascertaining injuries and sexual assault, the court observed that 'in girls aged about 13-14 years, the hymen is tough and without rupture of hymen, the sexual intercourse is possible with slight penetration.' Justice Bakre, while upholding the Gadchiroli sessions court verdict of convicting Sadmake, ruled that victim's testimony 'inspires full confidence, is wholly reliable and has circumstantial support of the testimonies of other witnesses'.
Komolika, a Std IV student of an ashramshala in Dhanora, used to stay in the hostel at the time of the incident. After the exam, some students went home, but Komolika stayed back. On April 16, 1994, around 8pm, when she was returning after attending nature's call, Sadmake forcibly took her to a nearby field and raped her.
September 20, 2011
19.9.11
DNA
Where men pimp for their daughters, sisters
Every evening, the roads along Bharatpur district in Rajasthan are lit by lanterns and flashlights held by sex workers trying to attract customers. The girls are accompanied by their brothers or fathers who haggle with truck drivers to fix a price for the sex workers, who are often between 13 and 15 years.
While many of us may recoil in disgust at the practice of family members pimping their underage relatives, the initiation of adolescent girls in the flesh trade by their own kin is an accepted norm in Bharatpur. Here, women are expected to sell their bodies to support their families in which the men have no other work but to find customers for their sisters and daughters.
The custom is now the subject of a documentary Trapped by Tradition, which is made by American television news channel CNN International. The 30-minute film follows actor-producer Anil Kapoor to a village in Bharatpur, where he examines how poverty, illiteracy and social pressures have contributed to the tradition of trafficking female children.
As the women share ghastly tales of exploitation and helplessness, Kapoor also lends a ear to the male members to understand why sexual exploitation of minor girls is sanctioned by society. “In today’s modern world, this practice is unacceptable.
We should do whatever we can to eradicate it completely,” said Kapoor, who has been involved in campaigns against human trafficking for the past several years with Plan India, an organisation working to protect children against abuse and exploitation.
“It was clear that we must change the mindset of the people. They had to understand there are other options,” he added. Kapoor has now noticed a growing awareness in the community, something that was missing two years ago when he last visited Bharatpur. A little girl told him she wants to study and become an actress. Kapoor believes that through education people will learn about lifestyle choices outside Bharatpur and India’s sex trade.
The documentary will be premiered on CNN International on September 24.
DNA
Where men pimp for their daughters, sisters
Every evening, the roads along Bharatpur district in Rajasthan are lit by lanterns and flashlights held by sex workers trying to attract customers. The girls are accompanied by their brothers or fathers who haggle with truck drivers to fix a price for the sex workers, who are often between 13 and 15 years.
While many of us may recoil in disgust at the practice of family members pimping their underage relatives, the initiation of adolescent girls in the flesh trade by their own kin is an accepted norm in Bharatpur. Here, women are expected to sell their bodies to support their families in which the men have no other work but to find customers for their sisters and daughters.
The custom is now the subject of a documentary Trapped by Tradition, which is made by American television news channel CNN International. The 30-minute film follows actor-producer Anil Kapoor to a village in Bharatpur, where he examines how poverty, illiteracy and social pressures have contributed to the tradition of trafficking female children.
As the women share ghastly tales of exploitation and helplessness, Kapoor also lends a ear to the male members to understand why sexual exploitation of minor girls is sanctioned by society. “In today’s modern world, this practice is unacceptable.
We should do whatever we can to eradicate it completely,” said Kapoor, who has been involved in campaigns against human trafficking for the past several years with Plan India, an organisation working to protect children against abuse and exploitation.
“It was clear that we must change the mindset of the people. They had to understand there are other options,” he added. Kapoor has now noticed a growing awareness in the community, something that was missing two years ago when he last visited Bharatpur. A little girl told him she wants to study and become an actress. Kapoor believes that through education people will learn about lifestyle choices outside Bharatpur and India’s sex trade.
The documentary will be premiered on CNN International on September 24.
September 11, 2011
7.9.11
Hindustan Times
Sexual harassment to be a non-bailable offence
Acting on the recommendations of one-man justice CS Dharmadhikari committee, the state government will soon make sexual harassment a non-bailable offence. Other recommendations made by justice Dharmadhikari include setting up of a separate space for such victims in the police station, increasing police vigilance in vulnerable areas, and separate fast-track courts for trying such cases.
To make it a non-bailable offence, the state will have to make amendments in the section 354 of the Indian Penal Code (IPC), following which if convicted, the offender might end up spending entire lifetime in jail.
Converting a June 21 HT report — on the molestation of a woman in a local train — into a public interest litigation, the Bombay high court had on June 25 suggested that the state government make molestation a non-bailable offence.
The government has set a three-month deadline to review and assess these recommendations put forth in a report tabled by justice Dharmadhikari, which will be finalised and tabled in the winter session of the assembly.
A meeting of senior officials of the home department, women and child department, and law and judiciary department was held on Monday to deliberate on the recommendations of the Dharmadhikari committee and see which of these can be implemented.
“The decision to make the offence non-bailable is under the consideration and the law and judiciary department is assessing the legal aspects. We have to make sure there is no scope of misuse,” said Medha Gadgil, principal secretary, home department.
A controversial recommendation — banning all sites that show provocative material — cannot be implemented due to weak cyber laws and the vast nature of the internet medium, a senior government official said.
Hindustan Times
Sexual harassment to be a non-bailable offence
Acting on the recommendations of one-man justice CS Dharmadhikari committee, the state government will soon make sexual harassment a non-bailable offence. Other recommendations made by justice Dharmadhikari include setting up of a separate space for such victims in the police station, increasing police vigilance in vulnerable areas, and separate fast-track courts for trying such cases.
To make it a non-bailable offence, the state will have to make amendments in the section 354 of the Indian Penal Code (IPC), following which if convicted, the offender might end up spending entire lifetime in jail.
Converting a June 21 HT report — on the molestation of a woman in a local train — into a public interest litigation, the Bombay high court had on June 25 suggested that the state government make molestation a non-bailable offence.
The government has set a three-month deadline to review and assess these recommendations put forth in a report tabled by justice Dharmadhikari, which will be finalised and tabled in the winter session of the assembly.
A meeting of senior officials of the home department, women and child department, and law and judiciary department was held on Monday to deliberate on the recommendations of the Dharmadhikari committee and see which of these can be implemented.
“The decision to make the offence non-bailable is under the consideration and the law and judiciary department is assessing the legal aspects. We have to make sure there is no scope of misuse,” said Medha Gadgil, principal secretary, home department.
A controversial recommendation — banning all sites that show provocative material — cannot be implemented due to weak cyber laws and the vast nature of the internet medium, a senior government official said.
September 3, 2011
26.8.11
Hindustan Times
Shift Kavdas, Kalyani cases to Mumbai: HC
In a move that might provide speedier justice to victims of child abuse in the Kavdas and Kalyani orphanages, in Thane and New Panvel respectively, the Bombay high court has ruled that the accused in these cases be tried in Mumbai.
The HC on Thursday transferred the shocking
cases of physical and sexual abuse of minor inmates of these two homes to the Mumbai sessions court, to ensure speedy trials.
The division bench also directed the Mumbai sessions court to record evidence in both cases using video conference.
Additional government pleader Vinay Sompal submitted that recording evidence through the audio-visual medium was necessary, as the victims were minors and were mentally challenged. He said the physical presence of the accused may hamper their testimony.
Advocate PD Dalvi, representing Surekha Karanjule, an accused in New Panvel case, took strong objection to the pleas. He contended that the cases could not be transferred to Mumbai, as the investigation was not yet complete in New Panvel case.
He also pointed out a provision of section 276 of the Criminal Procedure Code, which requires recording of evidence in presence of accused persons.
The judges however said, "We see no impediment in directing recording of evidence on audio-video electronic medium."
The court was hearing a suo motu proceeding taken up last year after newspaper reports revealed sexual abuse, physical harassment and ill treatment of inmates at the two orphanages.
30.8.11
Deccan Herald
97 students allege sexual abuse by school headmaster
As many as 97 girl students studying in government high school at Podhumbu have alleged sexual abuse by their headmaster Arokiasamy, 54.
• The Child Welfare Committee’s (CWC) report, a copy of which is available with Deccan Chronicle, submitted before the Madurai bench of Madras high court has listed the very many shockingly perverted acts of the headmaster against the little children.
• Madurai rural police, which registered a case in mid-July after the parents took to the streets, is yet to arrest the accused headmaster.
• Considering the gravity of the large-scale crime against children, the All India Democratic Women’s Association (AIDWA) has taken it up while human rights organisation like People’s Watch whose executive director Henri Tiphagne is the special representative of RTE in Tamil Nadu of The National Commission for Protection of Child Rights is yet to respond.
• After visiting the village and interacting with the child victims, CPI (M) leader Brinda Karat said, “Right to Education also includes right to safe environment for girl children in schools. But a hostile environment prevails there.”
• The CWC too in its nine-page report has vindicated it. “We were shocked to hear all the 97 students narrating the sexual abuses of the headmaster during our interaction with them. The student-teacher relationship is not good in the school. The children say that many teachers are showing their hatred towards them after the incident came to light. Some of them feel that the teachers should be transferred,” the report says.
• The headmaster, according to it, has mostly sexually exploited the children of single parents and those from weaker and marginalized sections. CWC has recommended immediate legal action against the headmaster and transfer of a few teachers who refuse to handle the children with sensitivity and an office assistant.
• Its other recommendations include counselling, protection and compensation for the victims of child abuse, departmental action against those teachers who have ignored the perverted acts of the headmaster against the children, appointment of a headmistress among others.
• It has also pointed out the corporal punishment prevailing in the school, lack of toilet facilities for the students and recommended basic amenities and a compound wall. The teachers should be advised against intimidating the students about the incident.
27.8.11
Times Crest edition
My beta's got a beard
It's not just girls who are hitting puberty early. As the age of maturity declines in boys, eight-year-olds are reporting pubic hair and sudden erections.
Asha Bhatt was giving her six-year-old son Shaurya a bath when she noticed a few strands of armpit hair and the light fuzz on his upper lip. The homemaker whose 10-year-old son, Shivam, still had baby smooth skin, was surprised, but brushed it aside. A few months later, she started receiving complaints that Shaurya was bullying his classmates who, to Bhatt's amazement, were much shorter than him. But it was only when Shaurya returned from school one afternoon, flung his bag on a chair and screamed "Mamma" in a deep, hoarse voice, instead of the childish sing-song one, that Bhatt became convinced something was up with her little one and consulted a doctor.
Medical tests revealed that Shaurya had attained puberty early. "The age of his bones was four years older than his actual age, " says Bhatt. Shaurya was put on a monthly medication that slowed his development and the signs of maturity started fading. Shaurya, now 10, is like any other boy in his class and will soon complete the treatment. "He looks and talks like my baby again, " says Bhatt, a Shahdara resident. "But I will never forget the past four years. My husband and I were so worried, but we did not discuss the matter with anyone. It was too embarrasing. "
The Bhatts are not alone. A growing number of parents are dealing with the shock of seeing their little boys grow up too fast. According to experts, some boys are now hitting puberty at the age of 8 or 9 instead of the average 12. While this is considered 'early puberty', if the development of sexual characteristics starts before the age of 9 in boys and 8 in girls, it is called 'abnormally early or precocious' puberty. Dr IPS Kochar, a paediatric endocrinologist in Delhi, treats at least three to four boys for early puberty and one for precocious puberty every month. "Five years ago, I would see just either no boy or just one boy per month, " he says. Dr Vaman Khadilkar, a paediatric endocrinologist in Pune, treats one or two cases of early male puberty every month.
The doctors say the actual number would be higher as the condition is difficult to spot in boys. In girls, of course, breast development and menarche are clear signs. One key indication of premature puberty in boys is enlargement of the testes, but only a trained person can notice this.
While it is well documented that these days girls start menstruating earlier than theirs mothers did - a majority of girls in urban India get their first period at the age of 10 or 11 compared to the past average of 13 - a study published this month has confirmed that the age of puberty in boys has declined too. Researchers at the Max Planck Institute for Demographic Research in Rostock, Germany, studied demographic data from five European countries and found that the age of sexual maturity in boys has been decreasing by 2. 5 months every decade since 1700s.
The onset of puberty is characterised by a growthspurt, pubic hair, acne and mature body odour. Boys also tend to get more aggressive and temperamental when puberty sets in. And, while some like Shaurya may start avoiding girls, the testosterone rush makes others flock to the opposite sex. Kochar treated one Class IV student who wanted to hang out only with the girls in his class. At a family wedding, this boy would keep trying to chat up the young girls around, so the parents of one girl complained to his family. "He was 8 but behaving like a 15-year-old because he was in an advanced stage of puberty, " says Kochar, who is attached to Apollo Hospital at Sarita Vihar.
In majority of cases, early puberty is 'idiopathic' or without any cause. This means the two glands in the brain - the pea-sized pituitary gland and the hypothalamus - which control hormones that trigger puberty are simply working too soon. They start releasing luteinissing hormone (LH) and folliclestimulating hormone (FSH) which lead to development of secondary sexual characteristics. However, in boys premature development could sometimes be caused by a tumour in the brain or due to disorders of the adrenal gland - it produces testosterone - so doctors first rule that out.
If there is no underlying condition, most boys do not require treatment. However, some need therapy to ensure the early development does not stunt their growth. Usually growth in height stops when puberty ends. Early puberty makes the child's bones start growing rapidly and the process stops at an earlier age than normal, so he does not achieve his full genetic height potential. If untreated, most boys with early puberty don't grow taller than 5 feet 2 inches, and girls don't grow taller than five feet, according to estimates. That's why doctors recommend an X-ray to determine the patient's bone age. "If the child's bone age is more than two years older than his real age, it means his skeleton is mature and this child is likely to remain short. So, we start treatment to prevent this, " says Khadilkar. He adds that the child is given monthly hormone injections till the correct age of puberty to suppress the release of LH and FSH. This slows down or halts further maturity and the child is able to grow taller.
Children suffering from premature puberty are also counselled as the sudden changes in their body cause a lot of stress and self-consciousness. Their beards and voices breaking often make them the butt of jokes in school, say doctors. Parents are, therefore, advised to boost their child's self esteem so the experience does not leave him scarred.
Sexologist Dr Prakash Kothari believes the declining age of puberty has made it even more important for schools to impart sex education. "The youth is getting sexually charged much earlier but there is no sexuality education in schools so they are unable to cope with the changes and channelise their impulses, " he says. "This could further increase the incidence of unwanted pregnancies, sexually transmitted infections and sexual crime. "
The medical community has not yet been able to ascertain the reason for the growing incidence of early puberty, but there are many theories. While some speculate that improved nutrition triggers the body to release hormones earlier, others blame environmental factors for the trend. "Buffaloes are given hormone injections to increase milk production and there is widespread spraying of chemicals on plants. These substances enter our bodies through milk and food and disturb our endocrine system, " explains Dr Kochar. While the link between hormone and chemical-laced foods and early puberty has not been proved yet, several studies have confirmed that obese children are more likely to suffer early puberty. So, the expanding waistlines of children in Indian metros could make premature puberty even more common, warn doctors.
It is also believed that exposure to sexual stimuli, through movies and advertisements, may have contributed to the speedy development of children. "Sex is everywhere around us these days. This increases sexual desires and triggers release of hormones that cause early puberty, " says Kothari.
(Some names changed on request)
1.9.11
Times of India
Are kids curious about sex ? Shh… its private...
MUMBAI: An increasing number of city doctors are reporting cases of pre-pubertal girls-especially those in the six- to 11-year age group-abusing themselves either on purpose or unwittingly by inserting objects into their vagina. When Anika Kapoor (8, name changed) complained of vaginal itching and a burning sensation "down there", her mother assumed it was a natural physiological problem. But in the course of a week, Anika's condition worsened and her vaginal area began emitting a foul-smelling white discharge. A visit to a gynaecologist at Kohinoor Hospital in Kurla turned the Kapoors' world upside down.
"We did an external examination and found that her hymen was not completely intact, and there were slight aberrations," said Dr Anjali Talwalkar. "A sonography revealed the presence of a foreign body in her vagina." It was a wad of paper. Initially doctors suspected abuse, but through a series of counselling sessions, they realized that she had inserted the paper into her vagina.
Anika's behaviour is not as unusual as her parents believe it to be; other doctors, too have encountered and treated such cases.
Is it sexual curiosity, the lack of communication with their parents or a reaction to sexual abuse that cause pre-pubertal girls to abuse themselves?
Most doctors put it down to curiosity, which is a natural part of growing up. Children are prone to touching themselves, and parents have to learn to deal with this behaviour in a manner that does not scare the child, say psychiatrists. According to Dr Anjali Talwalkar who treated Anika, the girl denied that she had been abused. "When I asked the mother if she was aware of any incident where her daughter had been abused, she replied in the negative. She denied being a victim of any untoward behaviour," Talwalkar said.
It was not possible to do a vaginal examination, which is done with the finger, as the vagina of girls Anika's age is very small. "We had to put the child under anaesthesia and conducted a vaginal exploration. We used a small instrument to retract the vagina and remove the foreign body," she added. During her follow-up visits, doctors tried to ask her about how the rolled up piece of paper entered her vagina. "It was during these sessions that Anika said she had put the piece of paper on the underside of her panty and that it may have entered when she pulled up the garment," said the doctor, adding that on further probing, she turned defensive and hostile.
Dr Y S Nandanwar, head of gynaecology at Sion Hospital, says that his unit performs foreign body removal surgeries in pre-teens twice a year. "We have received cases where we have had to remove small pieces of soap or a hairpin. It's hard to determine if it's accidental or intentional," he said, adding that sexuality starts from day one of a child's birth, though the child is not conscious about this. "Children may not understand what they are doing, but they may have seen or heard about."
Often, parents are uncomfortable discussing this topic. One parent at a US-based health and sex education website said that she had walked into her seven-year-old daughter's room to find her on the floor "naked from waist down" playing with her dolls. "I asked her what she was doing and she started crying. I believe she was exploring her genitalia with her dolls. I told her that it was normal, that she should only use her hands to explore and that using another object might injure her. She was quite upset and didn't want to talk about it any further," wrote the mother on the forum.
Dr Rekha Daver, head of gynaecology at JJ Hospital, said: "We occasionally get preteen girls with foul-smelling vaginal discharge. In such a case, we always find the presence of foreign bodies like small pebbles or a marble. Such a condition could have happened unintentionally while the child was playing". Dr Nikhil Datar, gynaecologist from Cooper Hospital says such cases are very rare: "It can be compared to a child putting a peanut up the nose. It's a lack of sex education that prompts such situations."
3.9.11
Times of India
UNICEF gets 'Meena' to protect girl child
THIRUVANANTHAPURAM: With an alarming increase in child abuse cases in the state, mostly girls for domestic and commercial sexual exploitation, the UNICEF is set to launch 'Meena' a unique animated communication initiative for girl child protection in Kerala, in coordination with the state government.
"UNICEF has found this initiative exceedingly successful in other states and now plans to take it forward in KeralaWe have written to the state government about the strategy to protect the children through awareness creation and on strengthening the rescue efforts," UNICEF programme officer on child protection told TNN here on Friday. "Over the next two months, this unique initiative will be implemented in Kerala, she said. This communication campaign focusing on key issues relating to the protection of the girl child through animated stories from an image of an empowered girl child Meena.
It is a good way to create awareness on the ticklish issues among children", she says. Through story books and DVDs the campaign will be launched across the state to create awareness by holding discussions among children in a lighter vein rather than making it scary, the official said. Meena based story books are also available in Malayalam and that will be made available in the state.
A Jayakumar, social development activities in the state mission said this UNICEF communication initiative Meena, based on the consultations with the state government, will be launched through cultural and personality development programmes like interactive sessions, puppetry shows, screening animation films and reading story books for children through Balasabhas across the state. Childline Trivandrum coordinator Fr Phillip Parakkat says, the awareness campaign to protect children should be supported by strong government and social interventions to prevent the abuse and rescue of the affected children. Sexual abuse of children in Kerala is rampant both at the commercial level through trafficking of girls and at home by the protectors themselves who include their parents, siblings, friends and neighbours, he says.
"Despite being a highly literate state, Kerala is loosing its value systems with its transition from a joint family setting to a nuclear consumerist family orientation. Now family relationships are getting strained in a fast paced competitive environment, resulting in lack of quality time for the family," he says.
The unrestrained use of mobile phones, online and visual media with all kinds of pornographic materials also adds to the erosion of values. The emotional support system in the family is missing and children who are vulnerable easily fall prey, he said. Many economically poor families force the children for child labour and begging who end up as victims of all forms of abuse and torture.
While reminding of one harrowing call received from among the thousands of calls received by Childline at its toll free number 1098 from children in distress, Phillip Parakkat says, "It's painful to see a 16-year old girl who had pleaded for rescue from forced begging on streets by her parents, later changed her mind to go by her relatives wish only to find herself as a victim of sexual abuse. It was shocking to see that now the same girl who has a child wanted to sell her little one on the streets." Of the over 1000 children rescued and shifted to the various stay homes across the state, around 300 children are victims of sexual abuse. According to the statistics available with the Kerala Police, 173 child rape cases were reported from among the 698 child abuse cases reported in the state till June this year. Last year, about 208 child rape cases were reported among a total 596 child abuse cases.
"These reports are indicative of the alarming trend of child sexual abuse in Kerala, but the truth is still harsh for many go unreported," says Kerala Mahila Samakhya Society (KMSS) director Dr Seema Bhaskar.
Hindustan Times
Shift Kavdas, Kalyani cases to Mumbai: HC
In a move that might provide speedier justice to victims of child abuse in the Kavdas and Kalyani orphanages, in Thane and New Panvel respectively, the Bombay high court has ruled that the accused in these cases be tried in Mumbai.
The HC on Thursday transferred the shocking
cases of physical and sexual abuse of minor inmates of these two homes to the Mumbai sessions court, to ensure speedy trials.
The division bench also directed the Mumbai sessions court to record evidence in both cases using video conference.
Additional government pleader Vinay Sompal submitted that recording evidence through the audio-visual medium was necessary, as the victims were minors and were mentally challenged. He said the physical presence of the accused may hamper their testimony.
Advocate PD Dalvi, representing Surekha Karanjule, an accused in New Panvel case, took strong objection to the pleas. He contended that the cases could not be transferred to Mumbai, as the investigation was not yet complete in New Panvel case.
He also pointed out a provision of section 276 of the Criminal Procedure Code, which requires recording of evidence in presence of accused persons.
The judges however said, "We see no impediment in directing recording of evidence on audio-video electronic medium."
The court was hearing a suo motu proceeding taken up last year after newspaper reports revealed sexual abuse, physical harassment and ill treatment of inmates at the two orphanages.
30.8.11
Deccan Herald
97 students allege sexual abuse by school headmaster
As many as 97 girl students studying in government high school at Podhumbu have alleged sexual abuse by their headmaster Arokiasamy, 54.
• The Child Welfare Committee’s (CWC) report, a copy of which is available with Deccan Chronicle, submitted before the Madurai bench of Madras high court has listed the very many shockingly perverted acts of the headmaster against the little children.
• Madurai rural police, which registered a case in mid-July after the parents took to the streets, is yet to arrest the accused headmaster.
• Considering the gravity of the large-scale crime against children, the All India Democratic Women’s Association (AIDWA) has taken it up while human rights organisation like People’s Watch whose executive director Henri Tiphagne is the special representative of RTE in Tamil Nadu of The National Commission for Protection of Child Rights is yet to respond.
• After visiting the village and interacting with the child victims, CPI (M) leader Brinda Karat said, “Right to Education also includes right to safe environment for girl children in schools. But a hostile environment prevails there.”
• The CWC too in its nine-page report has vindicated it. “We were shocked to hear all the 97 students narrating the sexual abuses of the headmaster during our interaction with them. The student-teacher relationship is not good in the school. The children say that many teachers are showing their hatred towards them after the incident came to light. Some of them feel that the teachers should be transferred,” the report says.
• The headmaster, according to it, has mostly sexually exploited the children of single parents and those from weaker and marginalized sections. CWC has recommended immediate legal action against the headmaster and transfer of a few teachers who refuse to handle the children with sensitivity and an office assistant.
• Its other recommendations include counselling, protection and compensation for the victims of child abuse, departmental action against those teachers who have ignored the perverted acts of the headmaster against the children, appointment of a headmistress among others.
• It has also pointed out the corporal punishment prevailing in the school, lack of toilet facilities for the students and recommended basic amenities and a compound wall. The teachers should be advised against intimidating the students about the incident.
27.8.11
Times Crest edition
My beta's got a beard
It's not just girls who are hitting puberty early. As the age of maturity declines in boys, eight-year-olds are reporting pubic hair and sudden erections.
Asha Bhatt was giving her six-year-old son Shaurya a bath when she noticed a few strands of armpit hair and the light fuzz on his upper lip. The homemaker whose 10-year-old son, Shivam, still had baby smooth skin, was surprised, but brushed it aside. A few months later, she started receiving complaints that Shaurya was bullying his classmates who, to Bhatt's amazement, were much shorter than him. But it was only when Shaurya returned from school one afternoon, flung his bag on a chair and screamed "Mamma" in a deep, hoarse voice, instead of the childish sing-song one, that Bhatt became convinced something was up with her little one and consulted a doctor.
Medical tests revealed that Shaurya had attained puberty early. "The age of his bones was four years older than his actual age, " says Bhatt. Shaurya was put on a monthly medication that slowed his development and the signs of maturity started fading. Shaurya, now 10, is like any other boy in his class and will soon complete the treatment. "He looks and talks like my baby again, " says Bhatt, a Shahdara resident. "But I will never forget the past four years. My husband and I were so worried, but we did not discuss the matter with anyone. It was too embarrasing. "
The Bhatts are not alone. A growing number of parents are dealing with the shock of seeing their little boys grow up too fast. According to experts, some boys are now hitting puberty at the age of 8 or 9 instead of the average 12. While this is considered 'early puberty', if the development of sexual characteristics starts before the age of 9 in boys and 8 in girls, it is called 'abnormally early or precocious' puberty. Dr IPS Kochar, a paediatric endocrinologist in Delhi, treats at least three to four boys for early puberty and one for precocious puberty every month. "Five years ago, I would see just either no boy or just one boy per month, " he says. Dr Vaman Khadilkar, a paediatric endocrinologist in Pune, treats one or two cases of early male puberty every month.
The doctors say the actual number would be higher as the condition is difficult to spot in boys. In girls, of course, breast development and menarche are clear signs. One key indication of premature puberty in boys is enlargement of the testes, but only a trained person can notice this.
While it is well documented that these days girls start menstruating earlier than theirs mothers did - a majority of girls in urban India get their first period at the age of 10 or 11 compared to the past average of 13 - a study published this month has confirmed that the age of puberty in boys has declined too. Researchers at the Max Planck Institute for Demographic Research in Rostock, Germany, studied demographic data from five European countries and found that the age of sexual maturity in boys has been decreasing by 2. 5 months every decade since 1700s.
The onset of puberty is characterised by a growthspurt, pubic hair, acne and mature body odour. Boys also tend to get more aggressive and temperamental when puberty sets in. And, while some like Shaurya may start avoiding girls, the testosterone rush makes others flock to the opposite sex. Kochar treated one Class IV student who wanted to hang out only with the girls in his class. At a family wedding, this boy would keep trying to chat up the young girls around, so the parents of one girl complained to his family. "He was 8 but behaving like a 15-year-old because he was in an advanced stage of puberty, " says Kochar, who is attached to Apollo Hospital at Sarita Vihar.
In majority of cases, early puberty is 'idiopathic' or without any cause. This means the two glands in the brain - the pea-sized pituitary gland and the hypothalamus - which control hormones that trigger puberty are simply working too soon. They start releasing luteinissing hormone (LH) and folliclestimulating hormone (FSH) which lead to development of secondary sexual characteristics. However, in boys premature development could sometimes be caused by a tumour in the brain or due to disorders of the adrenal gland - it produces testosterone - so doctors first rule that out.
If there is no underlying condition, most boys do not require treatment. However, some need therapy to ensure the early development does not stunt their growth. Usually growth in height stops when puberty ends. Early puberty makes the child's bones start growing rapidly and the process stops at an earlier age than normal, so he does not achieve his full genetic height potential. If untreated, most boys with early puberty don't grow taller than 5 feet 2 inches, and girls don't grow taller than five feet, according to estimates. That's why doctors recommend an X-ray to determine the patient's bone age. "If the child's bone age is more than two years older than his real age, it means his skeleton is mature and this child is likely to remain short. So, we start treatment to prevent this, " says Khadilkar. He adds that the child is given monthly hormone injections till the correct age of puberty to suppress the release of LH and FSH. This slows down or halts further maturity and the child is able to grow taller.
Children suffering from premature puberty are also counselled as the sudden changes in their body cause a lot of stress and self-consciousness. Their beards and voices breaking often make them the butt of jokes in school, say doctors. Parents are, therefore, advised to boost their child's self esteem so the experience does not leave him scarred.
Sexologist Dr Prakash Kothari believes the declining age of puberty has made it even more important for schools to impart sex education. "The youth is getting sexually charged much earlier but there is no sexuality education in schools so they are unable to cope with the changes and channelise their impulses, " he says. "This could further increase the incidence of unwanted pregnancies, sexually transmitted infections and sexual crime. "
The medical community has not yet been able to ascertain the reason for the growing incidence of early puberty, but there are many theories. While some speculate that improved nutrition triggers the body to release hormones earlier, others blame environmental factors for the trend. "Buffaloes are given hormone injections to increase milk production and there is widespread spraying of chemicals on plants. These substances enter our bodies through milk and food and disturb our endocrine system, " explains Dr Kochar. While the link between hormone and chemical-laced foods and early puberty has not been proved yet, several studies have confirmed that obese children are more likely to suffer early puberty. So, the expanding waistlines of children in Indian metros could make premature puberty even more common, warn doctors.
It is also believed that exposure to sexual stimuli, through movies and advertisements, may have contributed to the speedy development of children. "Sex is everywhere around us these days. This increases sexual desires and triggers release of hormones that cause early puberty, " says Kothari.
(Some names changed on request)
1.9.11
Times of India
Are kids curious about sex ? Shh… its private...
MUMBAI: An increasing number of city doctors are reporting cases of pre-pubertal girls-especially those in the six- to 11-year age group-abusing themselves either on purpose or unwittingly by inserting objects into their vagina. When Anika Kapoor (8, name changed) complained of vaginal itching and a burning sensation "down there", her mother assumed it was a natural physiological problem. But in the course of a week, Anika's condition worsened and her vaginal area began emitting a foul-smelling white discharge. A visit to a gynaecologist at Kohinoor Hospital in Kurla turned the Kapoors' world upside down.
"We did an external examination and found that her hymen was not completely intact, and there were slight aberrations," said Dr Anjali Talwalkar. "A sonography revealed the presence of a foreign body in her vagina." It was a wad of paper. Initially doctors suspected abuse, but through a series of counselling sessions, they realized that she had inserted the paper into her vagina.
Anika's behaviour is not as unusual as her parents believe it to be; other doctors, too have encountered and treated such cases.
Is it sexual curiosity, the lack of communication with their parents or a reaction to sexual abuse that cause pre-pubertal girls to abuse themselves?
Most doctors put it down to curiosity, which is a natural part of growing up. Children are prone to touching themselves, and parents have to learn to deal with this behaviour in a manner that does not scare the child, say psychiatrists. According to Dr Anjali Talwalkar who treated Anika, the girl denied that she had been abused. "When I asked the mother if she was aware of any incident where her daughter had been abused, she replied in the negative. She denied being a victim of any untoward behaviour," Talwalkar said.
It was not possible to do a vaginal examination, which is done with the finger, as the vagina of girls Anika's age is very small. "We had to put the child under anaesthesia and conducted a vaginal exploration. We used a small instrument to retract the vagina and remove the foreign body," she added. During her follow-up visits, doctors tried to ask her about how the rolled up piece of paper entered her vagina. "It was during these sessions that Anika said she had put the piece of paper on the underside of her panty and that it may have entered when she pulled up the garment," said the doctor, adding that on further probing, she turned defensive and hostile.
Dr Y S Nandanwar, head of gynaecology at Sion Hospital, says that his unit performs foreign body removal surgeries in pre-teens twice a year. "We have received cases where we have had to remove small pieces of soap or a hairpin. It's hard to determine if it's accidental or intentional," he said, adding that sexuality starts from day one of a child's birth, though the child is not conscious about this. "Children may not understand what they are doing, but they may have seen or heard about."
Often, parents are uncomfortable discussing this topic. One parent at a US-based health and sex education website said that she had walked into her seven-year-old daughter's room to find her on the floor "naked from waist down" playing with her dolls. "I asked her what she was doing and she started crying. I believe she was exploring her genitalia with her dolls. I told her that it was normal, that she should only use her hands to explore and that using another object might injure her. She was quite upset and didn't want to talk about it any further," wrote the mother on the forum.
Dr Rekha Daver, head of gynaecology at JJ Hospital, said: "We occasionally get preteen girls with foul-smelling vaginal discharge. In such a case, we always find the presence of foreign bodies like small pebbles or a marble. Such a condition could have happened unintentionally while the child was playing". Dr Nikhil Datar, gynaecologist from Cooper Hospital says such cases are very rare: "It can be compared to a child putting a peanut up the nose. It's a lack of sex education that prompts such situations."
3.9.11
Times of India
UNICEF gets 'Meena' to protect girl child
THIRUVANANTHAPURAM: With an alarming increase in child abuse cases in the state, mostly girls for domestic and commercial sexual exploitation, the UNICEF is set to launch 'Meena' a unique animated communication initiative for girl child protection in Kerala, in coordination with the state government.
"UNICEF has found this initiative exceedingly successful in other states and now plans to take it forward in KeralaWe have written to the state government about the strategy to protect the children through awareness creation and on strengthening the rescue efforts," UNICEF programme officer on child protection told TNN here on Friday. "Over the next two months, this unique initiative will be implemented in Kerala, she said. This communication campaign focusing on key issues relating to the protection of the girl child through animated stories from an image of an empowered girl child Meena.
It is a good way to create awareness on the ticklish issues among children", she says. Through story books and DVDs the campaign will be launched across the state to create awareness by holding discussions among children in a lighter vein rather than making it scary, the official said. Meena based story books are also available in Malayalam and that will be made available in the state.
A Jayakumar, social development activities in the state mission said this UNICEF communication initiative Meena, based on the consultations with the state government, will be launched through cultural and personality development programmes like interactive sessions, puppetry shows, screening animation films and reading story books for children through Balasabhas across the state. Childline Trivandrum coordinator Fr Phillip Parakkat says, the awareness campaign to protect children should be supported by strong government and social interventions to prevent the abuse and rescue of the affected children. Sexual abuse of children in Kerala is rampant both at the commercial level through trafficking of girls and at home by the protectors themselves who include their parents, siblings, friends and neighbours, he says.
"Despite being a highly literate state, Kerala is loosing its value systems with its transition from a joint family setting to a nuclear consumerist family orientation. Now family relationships are getting strained in a fast paced competitive environment, resulting in lack of quality time for the family," he says.
The unrestrained use of mobile phones, online and visual media with all kinds of pornographic materials also adds to the erosion of values. The emotional support system in the family is missing and children who are vulnerable easily fall prey, he said. Many economically poor families force the children for child labour and begging who end up as victims of all forms of abuse and torture.
While reminding of one harrowing call received from among the thousands of calls received by Childline at its toll free number 1098 from children in distress, Phillip Parakkat says, "It's painful to see a 16-year old girl who had pleaded for rescue from forced begging on streets by her parents, later changed her mind to go by her relatives wish only to find herself as a victim of sexual abuse. It was shocking to see that now the same girl who has a child wanted to sell her little one on the streets." Of the over 1000 children rescued and shifted to the various stay homes across the state, around 300 children are victims of sexual abuse. According to the statistics available with the Kerala Police, 173 child rape cases were reported from among the 698 child abuse cases reported in the state till June this year. Last year, about 208 child rape cases were reported among a total 596 child abuse cases.
"These reports are indicative of the alarming trend of child sexual abuse in Kerala, but the truth is still harsh for many go unreported," says Kerala Mahila Samakhya Society (KMSS) director Dr Seema Bhaskar.
August 26, 2011
26.8.11
Times of India
Board to help rape victims claim damages
MUMBAI: Rape statistics keep rising each year but the conviction rate continues to remain low. Rape victims in India hardly receive any compensation unless courts direct the guilty to pay up. But eight months after the Union ministry for women and child development issued a directive to all states asking them to implement a scheme for compensation of victims of sexual assault, Maharashtra has finally constituted a district board to overlook compensation claims.
On August 24, the Mumbai collector set up a district board to deal with compensation claims and to issue guidelines to police stations regarding the manner in which claims can be made under this scheme. Majlis, a women's activist group, has been invited to be a member of this board. Others on the board are the collector, a deputy police commissioner, a representative of the State Legal Services Board and an official of the District Women and Child Development Authority.
But it may be a case of too little, too late, said activists Flavia Agnes and Nandita Shah. The issue of compensation to women victims has been pending for almost 15 years, they said. Expressing concern at the government's lack of promptness and seriousness towards a sensitive issue, activists have been demanding a law that requires the state to set up a fund for victims. To address some of the concerns, Majlis and the National Commission for Women have organized a National Consultation on 'Compensation to women victims of crime' this Sunday at the YMCA in Mumbai Central.
The consultation aims to iron out the difficulties and to explore the ways in which information about the scheme filters down to the grassroots so that survivors of rape are able to actually receive compensation.
"What is important is that the burden of making the claim is not thrust on individual victims. Information must be provided to police stations or public hospitals where a victim first goes," said Agnes. At least, interim compensation must be paid to the rape survivor.
"The second concern is to see whether the scheme can apply to victims other than rape," Agnes said. She added , "The concern is to gain clarity about the provision of Section 357A of the Criminal Procedure Code (which requires each state to formulate schemes to compensate victims of crime who suffered a loss, injury or need to be rehabilitated) and explore how women's concerns can be specifically articulated through this scheme.
Times of India
Board to help rape victims claim damages
MUMBAI: Rape statistics keep rising each year but the conviction rate continues to remain low. Rape victims in India hardly receive any compensation unless courts direct the guilty to pay up. But eight months after the Union ministry for women and child development issued a directive to all states asking them to implement a scheme for compensation of victims of sexual assault, Maharashtra has finally constituted a district board to overlook compensation claims.
On August 24, the Mumbai collector set up a district board to deal with compensation claims and to issue guidelines to police stations regarding the manner in which claims can be made under this scheme. Majlis, a women's activist group, has been invited to be a member of this board. Others on the board are the collector, a deputy police commissioner, a representative of the State Legal Services Board and an official of the District Women and Child Development Authority.
But it may be a case of too little, too late, said activists Flavia Agnes and Nandita Shah. The issue of compensation to women victims has been pending for almost 15 years, they said. Expressing concern at the government's lack of promptness and seriousness towards a sensitive issue, activists have been demanding a law that requires the state to set up a fund for victims. To address some of the concerns, Majlis and the National Commission for Women have organized a National Consultation on 'Compensation to women victims of crime' this Sunday at the YMCA in Mumbai Central.
The consultation aims to iron out the difficulties and to explore the ways in which information about the scheme filters down to the grassroots so that survivors of rape are able to actually receive compensation.
"What is important is that the burden of making the claim is not thrust on individual victims. Information must be provided to police stations or public hospitals where a victim first goes," said Agnes. At least, interim compensation must be paid to the rape survivor.
"The second concern is to see whether the scheme can apply to victims other than rape," Agnes said. She added , "The concern is to gain clarity about the provision of Section 357A of the Criminal Procedure Code (which requires each state to formulate schemes to compensate victims of crime who suffered a loss, injury or need to be rehabilitated) and explore how women's concerns can be specifically articulated through this scheme.
24.8.11
Times of India
Man acquitted in rape case must pay for kid
MUMBAI: Nine years after a Wardha resident was acquitted of rape charges, the Bombay High Court, in a rare order, has asked him to shell out Rs 1,500 as monthly maintenance to the child who was born to the 'victim'.
Justice A P Bhangale upheld a sessions court order that as Sunil Katole (45) "was a man of sufficient means, he was bound to maintain his illegitimate son".
"There is no need to interfere with the quantum (of compensation) granted, particularly, considering the basic needs of the child like food, clothing, shelter and education," said the judge, while refusing to quash the compensation awarded by a sessions court. The high court said that Katole was free to prove that the child was not his or seek cancellation of the maintenance if he had substantial reasons by either moving a civil court or a subordinate court.
Eleven years ago, Katole was arrested for allegedly raping a girl 10 years younger than him. A sessions court in 2002, though, acquitted Katole of rape charges, saying it was consensual - the victim had consented to sexual intercourse on the promise of marriage.
Last year, the victim filed an application seeking maintenance for herself and her child under Section 125 of the Criminal Procedure Code. The provision says that the court can order maintenance if a man refuses or neglects to maintain his wife, children or parents. The protection of the law is also available to a man's illegitimate children.
While a magistrate dismissed the application, a sessions judge ordered Katole to pay monthly maintenance for the upkeep of the child. The mother's plea for maintenance, though, was rejected.
Katole, in his petition, denied that the child was his or that he had any liability to maintain him. "This contention will have to be substantiated by (Katole) by adopting appropriate remedy to prove the circumstances," said the high court, adding that "no manifest injustice or any miscarriage of justice appears to have occurred", to warrant its intervention. Katole's lawyer's plea to reduce the maintenance amount was also dismissed by the high court.
Times of India
Man acquitted in rape case must pay for kid
MUMBAI: Nine years after a Wardha resident was acquitted of rape charges, the Bombay High Court, in a rare order, has asked him to shell out Rs 1,500 as monthly maintenance to the child who was born to the 'victim'.
Justice A P Bhangale upheld a sessions court order that as Sunil Katole (45) "was a man of sufficient means, he was bound to maintain his illegitimate son".
"There is no need to interfere with the quantum (of compensation) granted, particularly, considering the basic needs of the child like food, clothing, shelter and education," said the judge, while refusing to quash the compensation awarded by a sessions court. The high court said that Katole was free to prove that the child was not his or seek cancellation of the maintenance if he had substantial reasons by either moving a civil court or a subordinate court.
Eleven years ago, Katole was arrested for allegedly raping a girl 10 years younger than him. A sessions court in 2002, though, acquitted Katole of rape charges, saying it was consensual - the victim had consented to sexual intercourse on the promise of marriage.
Last year, the victim filed an application seeking maintenance for herself and her child under Section 125 of the Criminal Procedure Code. The provision says that the court can order maintenance if a man refuses or neglects to maintain his wife, children or parents. The protection of the law is also available to a man's illegitimate children.
While a magistrate dismissed the application, a sessions judge ordered Katole to pay monthly maintenance for the upkeep of the child. The mother's plea for maintenance, though, was rejected.
Katole, in his petition, denied that the child was his or that he had any liability to maintain him. "This contention will have to be substantiated by (Katole) by adopting appropriate remedy to prove the circumstances," said the high court, adding that "no manifest injustice or any miscarriage of justice appears to have occurred", to warrant its intervention. Katole's lawyer's plea to reduce the maintenance amount was also dismissed by the high court.
25.8.11
Times of India
Notice to home secretary in sexual abuse case
MADURAI: Taking exception to the non-filing of a counter affidavit by the state home secretary, as to whether a state-level commission equivalent to the Commission for Protection of Child Rights Act 2006, has been constituted, the Madurai bench of the Madras high court has directed him to file the affidavit by September 7.
Justice R Sudhakar gave the direction to the home secretary while hearing a petition to decide the issue of whether the investigation in the alleged sexual assault of a girl by a school headmaster, be handed over to some other agency from the police.
On July 27, the judge, after hearing a matter pertaining to the headmaster, who allegedly committed sexual abuse on girl children, directed the home secretary to file a report by August 12, as to whether the commission has been constituted.
However, when the matter came up for hearing on Wednesday, the judge found that the official had not filed the counter affidavit.
In a petition, the father of the girl submitted that on July 12, his daughter came back from school disturbed and depressed. Upon repeated enquiries by his wife and the neighbouring women, she confided in them that Arockiasamy, the headmaster of the school, had misbehaved with her. On further enquiries with some of her schoolmates, the children shocked everyone saying that Arockiasamy had been subjecting them to physical abuse for the past two years.
He also contended in the petition that a girl who was studying in class 8 shared painfully that when she approached the headmaster for school admission in 2010 along with her grandmother who is visually challenged, he misbehaved with her taking advantage of the situation. When the girl tried to resist, he threatened her that he would not give her admission, he added.
Following protests by the parents, Arockiasamy was suspended, but not arrested. Hence, the petitioner preferred the present petition seeking to transfer of the investigation, as the police has not arrested him.
Times of India
Notice to home secretary in sexual abuse case
MADURAI: Taking exception to the non-filing of a counter affidavit by the state home secretary, as to whether a state-level commission equivalent to the Commission for Protection of Child Rights Act 2006, has been constituted, the Madurai bench of the Madras high court has directed him to file the affidavit by September 7.
Justice R Sudhakar gave the direction to the home secretary while hearing a petition to decide the issue of whether the investigation in the alleged sexual assault of a girl by a school headmaster, be handed over to some other agency from the police.
On July 27, the judge, after hearing a matter pertaining to the headmaster, who allegedly committed sexual abuse on girl children, directed the home secretary to file a report by August 12, as to whether the commission has been constituted.
However, when the matter came up for hearing on Wednesday, the judge found that the official had not filed the counter affidavit.
In a petition, the father of the girl submitted that on July 12, his daughter came back from school disturbed and depressed. Upon repeated enquiries by his wife and the neighbouring women, she confided in them that Arockiasamy, the headmaster of the school, had misbehaved with her. On further enquiries with some of her schoolmates, the children shocked everyone saying that Arockiasamy had been subjecting them to physical abuse for the past two years.
He also contended in the petition that a girl who was studying in class 8 shared painfully that when she approached the headmaster for school admission in 2010 along with her grandmother who is visually challenged, he misbehaved with her taking advantage of the situation. When the girl tried to resist, he threatened her that he would not give her admission, he added.
Following protests by the parents, Arockiasamy was suspended, but not arrested. Hence, the petitioner preferred the present petition seeking to transfer of the investigation, as the police has not arrested him.
23.8.11
DNA
Relief for sex assault victim
Mumbai: The Bombay high court has said that it is normal if a victim of molestation files her complaint a few days after the crime has occurred and that it can't be considered a defence for the accused, as it is a very difficult decision for the victim to take the case to court. The court stated this while dismissing an appeal filed by an accused against the three months sentence he was handed for outraging the modesty of a child.
Single judge AP Bhangale, while dismissing the appeal of Vikas Motiram Ghodke, 29, observed: "It is a difficult decision to take such a matter to the court. Ordinarily, the victim's family would not like any stigma to be attached to her."
Justice Bhangale also rejected Ghodke's claim that he was being falsely implicated by the victim. The court said: "I find it difficult to digest that a school girl will put her character at stake in order to falsely implicate the accused."
According to the prosecution, the victim registered a complaint on February 16, 2006, stating that two days earlier when she had gone to Ghodke's shop, he outraged her modesty. The victim narrated the incident to her aunt and uncle.
The accused was arrested and charged under section 354 of the Indian Penal Code. During the trial, the court examined five witnesses. Considering the evidence, the magistrate sentenced the accused to imprisonment for three months and a fine of Rs 300. Ghodke challenged the sentence in sessions court which was rejected and he moved the high court.
Justice Bhangale, while rejecting the defence that no independent witnesses were examined, said: "Knowledge and intention cannot be demonstrated like physical objects. The existence of intention or knowledge has to be culled out from various circumstances. A victim of molestation and indignation is in the same position as an injured witness and her testimony should receive the same weight.
DNA
Relief for sex assault victim
Mumbai: The Bombay high court has said that it is normal if a victim of molestation files her complaint a few days after the crime has occurred and that it can't be considered a defence for the accused, as it is a very difficult decision for the victim to take the case to court. The court stated this while dismissing an appeal filed by an accused against the three months sentence he was handed for outraging the modesty of a child.
Single judge AP Bhangale, while dismissing the appeal of Vikas Motiram Ghodke, 29, observed: "It is a difficult decision to take such a matter to the court. Ordinarily, the victim's family would not like any stigma to be attached to her."
Justice Bhangale also rejected Ghodke's claim that he was being falsely implicated by the victim. The court said: "I find it difficult to digest that a school girl will put her character at stake in order to falsely implicate the accused."
According to the prosecution, the victim registered a complaint on February 16, 2006, stating that two days earlier when she had gone to Ghodke's shop, he outraged her modesty. The victim narrated the incident to her aunt and uncle.
The accused was arrested and charged under section 354 of the Indian Penal Code. During the trial, the court examined five witnesses. Considering the evidence, the magistrate sentenced the accused to imprisonment for three months and a fine of Rs 300. Ghodke challenged the sentence in sessions court which was rejected and he moved the high court.
Justice Bhangale, while rejecting the defence that no independent witnesses were examined, said: "Knowledge and intention cannot be demonstrated like physical objects. The existence of intention or knowledge has to be culled out from various circumstances. A victim of molestation and indignation is in the same position as an injured witness and her testimony should receive the same weight.
August 12, 2011
12.8.11
DNA
Disturbing findings in homes for mentally challenged kids
Homes or orphanages for mentally challenged children in Maharashtra are in a pitiable condition and child sexual abuse cannot be ruled out, Dr Asha Bajpayee, TISS faculty, said in her report before the Bombay High Court.
The court appointed an apex committee under Bajpayee, amicus curiae, in August 2010 to study the conditions of welfare homes for mentally challenged children across the state.
About a year ago, there were reports of children being sexually abused and physically exploited at Kavdas orphanage in Shahpur in Thane district, about 90km off Mumbai.
Once the court realised that such a thing was more of a norm than exception, it formed the committee.
The report submitted before the court on July 29, 2011, threw up disturbing findings. There are homes for the mentally challenged in only 20 of the 35 districts.
“The basis on which such homes are opened is suspicious,” says the report. The Directorate of Women and Child Development (DWCD) has not attempted to find out if these children need institutionalisation.
“When a home is sanctioned in any district, a cut has to be paid to the DWCD officer and also to Child Welfare Committee members in the district,” the report alleged. The report questioned “the mushrooming of homes” over the past two year. “This is done for political considerations and it is not in the interest of children.”
Since the study began in August 2010, three homes had to shut down following revelations of child sexual abuse, malnourishment and deaths because of callous officials. Allegations of financial irregularities too had surfaced.
The report says none of the staff at any of the homes is even aware of signs of child sexual abuse. They answer a readymade questionnaire meant for the children, often selecting the “we are not sexually exploited” option. Since the children are mentally challenged, they have no idea of all this, the report alleged.
The government gives Rs1,140 as grant for every child. But most homes, according to the report, fudge the accounts by increasing the number of children. Also, only one home — in Mankhurd — is fully aided. The report pointed out the poor salaries of the administrative staff. “A superintendent gets the highest salary — Rs3,000 a month. This leads to staff shortage, resulting in children being neglected,” Bajpayee told DNA.
Children are transferred from one home to another like cattle without the knowledge of CWC members — a clear contravention of rules, she said. “If a child is seriously ill and there is a probability of his/her death, the child is transferred as no one wants to deal with death. Most of these homes also have adults. Some have even crossed 60,” she said pointing out the lack of coordination between the social justice departments that runs such facilities for adults and children. “A child is condemned as mentally challenged after a questionable IQ test… and the government, which should ideally care for them as state wards, simply leave them to languish in such homes.”
In Amravati division, the committee found that more than 15%of the children were not mentally challenged but they suffered from speech and hearing disabilities. In fact, data compiled by superintendents shows only 41% of the children actually need institutionalised care.
Harish Rathod, joint commissioner of DWCD, said the report was good. “We are studying it and we will ensure action is taken according to its recommendations,” he said.
DNA
Disturbing findings in homes for mentally challenged kids
Homes or orphanages for mentally challenged children in Maharashtra are in a pitiable condition and child sexual abuse cannot be ruled out, Dr Asha Bajpayee, TISS faculty, said in her report before the Bombay High Court.
The court appointed an apex committee under Bajpayee, amicus curiae, in August 2010 to study the conditions of welfare homes for mentally challenged children across the state.
About a year ago, there were reports of children being sexually abused and physically exploited at Kavdas orphanage in Shahpur in Thane district, about 90km off Mumbai.
Once the court realised that such a thing was more of a norm than exception, it formed the committee.
The report submitted before the court on July 29, 2011, threw up disturbing findings. There are homes for the mentally challenged in only 20 of the 35 districts.
“The basis on which such homes are opened is suspicious,” says the report. The Directorate of Women and Child Development (DWCD) has not attempted to find out if these children need institutionalisation.
“When a home is sanctioned in any district, a cut has to be paid to the DWCD officer and also to Child Welfare Committee members in the district,” the report alleged. The report questioned “the mushrooming of homes” over the past two year. “This is done for political considerations and it is not in the interest of children.”
Since the study began in August 2010, three homes had to shut down following revelations of child sexual abuse, malnourishment and deaths because of callous officials. Allegations of financial irregularities too had surfaced.
The report says none of the staff at any of the homes is even aware of signs of child sexual abuse. They answer a readymade questionnaire meant for the children, often selecting the “we are not sexually exploited” option. Since the children are mentally challenged, they have no idea of all this, the report alleged.
The government gives Rs1,140 as grant for every child. But most homes, according to the report, fudge the accounts by increasing the number of children. Also, only one home — in Mankhurd — is fully aided. The report pointed out the poor salaries of the administrative staff. “A superintendent gets the highest salary — Rs3,000 a month. This leads to staff shortage, resulting in children being neglected,” Bajpayee told DNA.
Children are transferred from one home to another like cattle without the knowledge of CWC members — a clear contravention of rules, she said. “If a child is seriously ill and there is a probability of his/her death, the child is transferred as no one wants to deal with death. Most of these homes also have adults. Some have even crossed 60,” she said pointing out the lack of coordination between the social justice departments that runs such facilities for adults and children. “A child is condemned as mentally challenged after a questionable IQ test… and the government, which should ideally care for them as state wards, simply leave them to languish in such homes.”
In Amravati division, the committee found that more than 15%of the children were not mentally challenged but they suffered from speech and hearing disabilities. In fact, data compiled by superintendents shows only 41% of the children actually need institutionalised care.
Harish Rathod, joint commissioner of DWCD, said the report was good. “We are studying it and we will ensure action is taken according to its recommendations,” he said.
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