CSA Awareness Month
Excerpts from the interview of Arpan's Founder-CEO with Ms.Chandni Parekh, Social Psychologist
- What words should adults use in helping children identify touches? Is it okay to say 'good touch/bad touch'?
No. Safe touch and Unsafe touch is best to use as children who get sexually abused will retain the word ‘bad’ in their heads and apply to themselves in the future which can result in them thinking that something bad happened to them and that they are bad too. Cognitive distortions can happen so it’s best to say safe and unsafe touch.
- At what age should parents talk to their child about personal safety or sexual abuse?
As an infant itself parents can begin talking to them about personal safety. Even at 1 yr we teach children to stay away from fire, not to touch electrical points, etc. so it can begin at a very early age itself. Its not necessary to talk to children about ‘sexual abuse’ but personal safety as a broader topic which involves everything about children keeping themselves safe and so including safety from sexual abuse as well but without teaching what sexual abuse is. That can be taught later and age appropriately.
- How do you suggest schools educate students about child sexual abuse?
Arpan has developed a Personal Safety Education (PSE) program for schools to incorporate into their curriculum and implement with age 6 yrs – 10 yr children.
PSE is a comprehensive program that not only introduces personal safety messages to children, but also identifies parents and teachers as important stakeholders in a child’s life and aims at building their capacities in protecting children from sexual abuse.
Over the years Arpan has conducted capability building sessions for teachers and counsellors of schools like: The Cathedral & John Connon School- Colaba, Goenka Group of Schools(In western Suburbs & Thane), Greenlawns High School- Worli, St. Thomas School, Goregaon, Canossa High School- Mahim and more in and outside Mumbai.
Arpan has facilitated incorporation of PSE into Life Skills Program curriculum (for Primary School) at 5 schools under the Bombay Cambridge Gurukul (BCG) Group. This process involved training of the teachers in conducting PSE classes themselves with children and also helping the schools to come up with protocols & strategies to deal with sexual abuse cases that are reported by students. We have directly taught over 4000 children so far.
In a review exercise conducted in one of the schools with two grades, it was observed that 30 children were able to say ‘No’ to attempted and ongoing abuse after the skills they learnt in the PSE program. This data was taken one year after completion of PSE program with the children.
Schools should take up this program and build it into their curriculum so that children get the personal safety messages regularly.
- If a student reports abuse to a teacher or counsellor, what should be the next few steps that the school should take?
With the consent of the child the parents should be informed and depending on who the abuser is. Action should be taken to first make the abuse stop. If it’s a parent who is the offender then the non-offending parent should be called in. Whatever is practically possible should be done to make the abuse stop. If the case is of incest and that too if it’s a parent it can get very tricky to handle. The major role will then be played by the non-offending parent on how assertively can he or she make sure the child is not abused again.
The next step will be through either the school counselor or an external counselor. The child is assessed on the impact of abuse and accordingly counseling is done for the child as well as the family members.
It’s not easy for the child definitely but even family members need support specially in cases of incest where betrayal is felt very strongly.
If the abuse has happened in the past then too the counselor should check for residual impact and address it through counseling sessions.
If the abuser is a stranger or a known person its easier (comparatively to incest) to make sure the abuse stops and that person doesn’t have access to the child. In any case counseling must be done to make sure the child is not showing any symptoms as a result of the abuse.
- What techniques do you think could be employed in counselling children who've been or are being abused?
First of all the abuse must stop.
Next is to create an environment of safety first. The child must be able to feel supported and safe and secure.
Help the child grieve the loss of a lover (abuser). This is very specific to cases where abuse has been going on for a long period of time and where the child has accommodated the abuse and the abuser and the child is liking both. Stopping the abuse can be then quite distressing for the child because the child associates sex with love. Children also experience pleasure like adults. Human bodies naturally respond to sexual touches. Even a baby does. So children over a period of time start enjoying the abuse because they are feeling pleasure which is absolutely natural. Only they are not aware that this is inappropriate behavior. Children will miss the sex and sexual touching.
This is also applicable where the child might not like the abuser but is liking the abuse.
The effects of abuse can be very varying depending on
• Age
• Gender
• Type of abuse
• Duration of abuse
• Who the offender is
• Degree of violence used
• Mental health of child before abuse
• Coping mechanisms
• Social support
Understanding the above, a plan should be made to counsel the child beginning with teaching appropriate behaviours, appropriate relationships and sexuality, addressing the feelings of the child, creating a comforting and supportive environment and involving family members to help with creating the comfort and support. In the event of there being no family, the guardians or caretakers need to be given adequate information to play the supportive role for the child.
There are various mainstream and alternate therapies that counselors use to address trauma. Depending on the counselors skills in various therapies different methodologies can be used.
Mainstream therapies include Trauma model, Traumagenic dynamics (Finkelhor and Browne), EMDR, Somatic experiencing, etc.
Alternate therapies include, dance movement therapy, arts based therapy, play therapy, etc. Group therapy is also done. In our experience while group work is powerful individual counseling and therapy is extremely vital in processing trauma and changing belief systems of the individual which bring about significant change. Alternate therapies have also good impact. Depending on the age of the child, adult and the impact of abuse and the counselors own skills, the kind of therapy can be decided.
It’s comparatively much easier to heal child survivors than adult survivors as more the time passes after the abuse more the impact is seen. Lot of cognitive behaviours get manifested. With adults large part of the therapeutic work should be planned around building self esteem, self love and self acceptance. That addresses the shame and guilt in the adult which is the most difficult to get rid of. However we have seen changes take place and its extremely heartening to see significant shifts come in an individual’s life as a result of the therapeutic process.
If you want more details on the healing processes please write to me on pooja@arpan.org.in
Special note:
For Parents - Please do not make your own assessment of whether your child is ok or not after being sexually abused. Only a trained counselor will be able to judge impact. Please take your child for counseling and let the counselor judge whether your child needs counseling or not and if the child does then please take him/or her for it without fail. You’ll be doing your child a huge favour.
For friends of survivors – Be supportive to your friend and encourage your friend slowly to go in for counseling.
For adult survivors – You don’t need to fight this battle alone or only with a friend. Seek help from a counselor. Believe me when I say, it’s a liberating process from being survivors into becoming thrivers. Please reach out. We are there to help and support you. You could write to support@arpan.org.in and or call 98190.86444.
- Can you share names of counsellors that you might recommend to schools or parents for cases of sexual abuse?
Arpan itself addresses cases of sexual abuse since this is our area of work. We take on cases of both children and adults. We can be contacted on support@arpan.org.in and or 98190.86444.
We have dealt with over 250 cases so far.
We also have a database of counselors who can handle cases of sexual abuse. Anybody can get in touch with us for contact details. Complete confidentiality is maintained with us.
- Do you have any recommendations for how we can keep kids on the streets and in children's homes safe?
Children wherever should be taught personal safety skills. If they are empowered with these skills chances of abuse can become less. However one can’t say it’ll stop completely despite children having these skills. Wherever there will be huge amounts of trust and or authority children might give in.
In children’s homes caretakers and other staff in those homes should be made aware about child sexual abuse and skills are given to them also on handling disclosure and addressing cases of sexual abuse within the home. They can also be trained on teaching personal safety skills regularly to children.
The streets are open ground. It’s very difficult to protect children on streets. They themselves will be the best at protecting themselves by running away from the situation.
- What has been your experience with schools and other NGOs? Are most schools open and willing to have sessions on PS/CSA? Do you have any comments on the work done by other NGOs in this field? Is there any message for schools or other NGOs?
Schools have been welcoming the idea of teaching children personal safety skills. Though in the beginning they had their reservations but now with the growing no. of cases of sexual abuse being reported schools are realizing that this is an important issues to address. So far all the schools we have gone to have said yes to either training their teachers and the teachers implementing the personal safety education program or us teaching the children directly. Some of the schools we have worked with are mentioned above.
Even NGOs are calling us for training their staff. We have trained staff of many NGOs like Childline, Prerana, Mobile Creches, Aakanksha, Doorstep School, World Vision, REAP, Saathi, CCDT, and many others. Some of them have taken up a campaign on spreading awareness on CSA post our training. It’s helped their staff address the issue of CSA in their environments and respond appropriately to cases that come up.
My message to schools is to continue to see the importance in empowering your children with personal safety skills and make it a top priority in your life skill curriculum. If you don’t have a life skill curriculum put one in place and teach children personal safety skills. Preventing a child from sexual abuse is literally like saving a life. The impact as we all know can be so damaging that it can take years to deal with it.
My message to NGOs is keep training your staff regularly on the issue of CSA so that the old staff remembers the intricacies of the issue again and the new staff is freshly trained to be able to deal with the issue. In your own areas of work take up the issue and do whatever you can to spread awareness with all your stake holders. If you run schools, teach the children and parents. If you run a shelter home, teach the children and staff. If you work with adults address the issue with them. If statistics are correct then with every second child or adult it could have been a past experience. Create awareness and help the survivors heal.
Both to schools and NGOs – Put certain child protection policies in your organizations and ensure it is implemented. Work towards how you can make your own environments safe for children.
- How would you like the media to contribute to the work you do?
Publish articles on child sexual abuse so that more and more people become aware about it. Today the biggest challenge we face is overcoming people’s denial and disbelief on the issue. The more they hear and read about it the more acceptable and open they will become to learning and finding out more so that they can protect their children.
Media has been playing a huge role in this and should continue to. Media can also publish articles on the kind of work organizations like Arpan are doing and the impact we are making so that people can access our services and get help either for counseling or on understanding how to teach children personal safety skills.
- Is there any video or film addressing issues of child sexual abuse that you like?
Yes.
‘Children we Sacrifice’ by Gracy Poore made many years ago has been a good resource of information and of experiences of adult survivors.
Animated films by Stairway Foundation, ‘Daughter’, ‘Good Boy’ and ‘Silent Leaves Falling’ are very good films that we always use in our trainings. They bring out the issues of incest, paedophilia, child trafficking and internet pornography in a very good way.
- Awareness, advocacy and service delivery (working with victims and/or abusers) - can you throw some light on how we have fared in each area?
Arpan’s been working on all these areas Prevention and Healing for almost 5 years now and I feel very proud that we have worked hard and worked well. We have reached out to 13,000 children and adults directly with our prevention and healing work as well as indirectly with over 4000 children and adults by training teachers.
We have also been advocating for bringing in child sexual offences as laws that are missing in India. We have been involved in drafting the laws with a core group of Lawyers and NGO professionals we have been hosting and sending our recommendations regularly to the relevant ministries and govt. officials.
Advocacy, Direct services as well as Research have been our areas so that we are able to address the issue of CSA more holistically.
With our prevention work we have seen children being able to report abuse after our programs, saying ‘NO’ to attempted abuse and running away from the situation, children teaching their siblings and their other friends about these skills. We see an average increase of approx. 25% in the knowledge, attitude and skills in both children and teachers post our trainings with them. (We map this by conducting pre and post tests.)
Parents feel much empowered and these are somethings they have shared with us.
“It was a very good experience both for parents & students, it has helped the parents since the child is now aware of the concepts which are at times difficult to discuss. It definitely has increased the confidence & self-esteem of children.”
“I think this education is very important for every parent, so that they can share and understand their child's problem better.”
Our healing work with survivors has seen significant changes in thoughts, beliefs and behaviours as a result of our counseling. Our most challenging work has been with rescued minors who’ve been very violated but it’s heartening to see the changes in them as a result of our regular and intensive interventions with them with counseling as well as psychiatric support.
Themes of change that have taken place with this group of girls are:
1. Reduction in anxiety symptoms,
2. lot of bodily physiological symptoms of severe anxiety have reduced,
3. greater empathy,
4. greater self awareness,
5. more assertiveness
6. transition from self harm to reduced or no self harm,
7. better learning and implementation of life skills
8. to take time before speaking/ reacting etc),
9. increase in internal motivation to change
are some of the changes we are seeing…
“I have been angry ever since my childhood. I used to shout and hit. Initially I would not approach the counselor who came for us. I would look at her angrily. I could not trust her. I would hurt myself a lot. I would slit my hands. Now I don't do that. I have learned to take care of myself”- rescued minor undergoing counseling at Arpan
“I can see a change in me being able to contain my feelings at work and also not needing to cry so easily. I learnt a lot about trauma and how it could have affected my thinking patterns.. Also learnt so much about myself and my relations. I wish I could come twice a week for counseling.” - adult survivor of child sexual abuse, age 29 yrs undergoing counseling at Arpan
We’ve also been regularly working towards building capacities of mental health professionals through trainings on mainstream and alternative therapies. Its resulted in significant changes in skills of these professionals.
- Does paucity of funds hinder your work?
Raising funds is challenging but has never been a hindrance. Whatever we have planned we have always been able to achieve. Our work has been doubling every year and support is coming for it. Important thing is to do good work and present it properly. People are always happy to support good work creating measurable impact.
- Would you like to add anything else?
About Arpan
Arpan is a registered NGO based in Mumbai working on the issue of child sexual abuse with a team of dedicated and skilled professionals since the year 2006.
Our Mission is to empower individuals, families, communities and society with prevention and intervention skills to reduce the occurrence of child sexual abuse and heal its psychological, social, sexual and physical consequences
Our Activities include:
Empowering:
- Parents, teachers, NGO professionals, caretakers and student professionals with prevention and intervention skills to help prevent CSA through awareness and training
- Children and adolescents with personal safety skills to protect themselves from CSA through teaching in classroom setups in schools
- Mental health professionals with therapeutic skills to deal with CSA cases effectively through regular trainings and workshops
- Child, adult survivors and rescued minors to heal from trauma caused by CSA through counseling and other therapeutic activities like dance, yoga
- Sex offenders with therapeutic assistance to prevent re offence through counseling
Advocating with:
- Policy Makers for specific laws on CSA to prevent and reduce the occurrence of CSA.
- School and Educational systems to incorporate personal safety skills into their curriculum to empower children and adolescents
- Pooja Taparia, Founder – CEO, Arpan
April 25, 2011
April 24, 2011
24.4.11
Times of India
NO KIDDING !
Childhood is the time to revel in the innocence of the age, with no adult concerns clouding the mind. But there's a big bad monster in this happy story of childhood. The monster that is CSA (Child Sexual Abuse). "The problem is that many parents are uneasy talking about it and this can damage the child," says socialite Kalyani Chawla.
Statistics show that boys are as vulnerable as girls to abuse. A 2006 study by TULIR, showed that 48 per cent of boys reported having been abused while the abuse amongst the girls surveyed was 39 per cent. Designer Rina Dhaka shares, " Children are soft targets. It's essential to create the right home environment, where you keep a dialogue open and build your child's trust."
However, amidst all this gloom, there may be some cause for cheer. The comprehensive law being tabled in the Rajya Sabha to deal with sexual offences against children, called the Protection of Children from Sexual Offences Bill, 2011, might be soon passed as a legislation." The bill defines clearly what constitutes CSA, and the proposed law aims at protecting children against penetrative sexual assault, sexual harassment, pornography and also provides for the establishment of much-needed special courts for the speedy trial of CSA cases. The bill proposes stiffer punishment for offenders, going up to 10 years of imprisonment.
"Finally, we can look forward to a law that covers the entire range of offending sexual behaviours that constitute CSA," says Anuja Gupta, executive director of RAHI Foundation.
The other good news is that this generation of parents too is getting more aware about the real and immediate threat children face from sexual predators. Wardha Nadiadwala has security cameras installed in the kids' room to ensure they are monitored at all times. She says, "I never leave them alone." Mona Siddiqui made sure that her daughter Hana, now aged four, got lessons early on. Says she, "I've also shown her what kind of hugging and stroking is okay, and what is not." Anchor, model and actor Pooja Bedi began talking about this to her daughter Alia, now 13, when she was six. "I told her that she was to come and tell me if she was touched in places she was not comfortable with. I did the same with my son," she shares.
Actor Raveena Tandon says, "Parents should constantly monitor their child and be alert for any signs which point to abuse, and reassure the child that it is not their fault if something does happen." Parents also need to be 'nosy'. Says actor Renuka Shahane, "I always ask my two sons about how their day went if I haven't been home."
"We need to keep the lines of communication open with our children, trust the child and create a sense of security in the child," advises Bedi.
Tips for parents
- Teach your children about good/safe touch and bad/unsafe touch.
- Build a strong emotional bond with your children.
- Build open channels of communication with your children.
- Know the people your child spends time with.
- Avoid leaving your child unsupervised.
- Keep tabs on your children's activities.
Statistics on Child Sexual Abuse in India
- More than 53 per cent children report facing one or more forms of sexual abuse.
- Almost 22 per cent children faced severe sexual abuse, 6 per cent of the respondents were sexually assaulted.
- Fifty per cent of sexual offenders were known to the victim or were in positions of trust (family member, close relative, friend or neighbour).
- Children in the 5-12 years group faced higher levels of abuse, which go largely unreported.
- Boys are equally at risk as girls.
- The severest sexual abuse occurred in age group of 11-16 years.
Times of India
NO KIDDING !
Childhood is the time to revel in the innocence of the age, with no adult concerns clouding the mind. But there's a big bad monster in this happy story of childhood. The monster that is CSA (Child Sexual Abuse). "The problem is that many parents are uneasy talking about it and this can damage the child," says socialite Kalyani Chawla.
Statistics show that boys are as vulnerable as girls to abuse. A 2006 study by TULIR, showed that 48 per cent of boys reported having been abused while the abuse amongst the girls surveyed was 39 per cent. Designer Rina Dhaka shares, " Children are soft targets. It's essential to create the right home environment, where you keep a dialogue open and build your child's trust."
However, amidst all this gloom, there may be some cause for cheer. The comprehensive law being tabled in the Rajya Sabha to deal with sexual offences against children, called the Protection of Children from Sexual Offences Bill, 2011, might be soon passed as a legislation." The bill defines clearly what constitutes CSA, and the proposed law aims at protecting children against penetrative sexual assault, sexual harassment, pornography and also provides for the establishment of much-needed special courts for the speedy trial of CSA cases. The bill proposes stiffer punishment for offenders, going up to 10 years of imprisonment.
"Finally, we can look forward to a law that covers the entire range of offending sexual behaviours that constitute CSA," says Anuja Gupta, executive director of RAHI Foundation.
The other good news is that this generation of parents too is getting more aware about the real and immediate threat children face from sexual predators. Wardha Nadiadwala has security cameras installed in the kids' room to ensure they are monitored at all times. She says, "I never leave them alone." Mona Siddiqui made sure that her daughter Hana, now aged four, got lessons early on. Says she, "I've also shown her what kind of hugging and stroking is okay, and what is not." Anchor, model and actor Pooja Bedi began talking about this to her daughter Alia, now 13, when she was six. "I told her that she was to come and tell me if she was touched in places she was not comfortable with. I did the same with my son," she shares.
Actor Raveena Tandon says, "Parents should constantly monitor their child and be alert for any signs which point to abuse, and reassure the child that it is not their fault if something does happen." Parents also need to be 'nosy'. Says actor Renuka Shahane, "I always ask my two sons about how their day went if I haven't been home."
"We need to keep the lines of communication open with our children, trust the child and create a sense of security in the child," advises Bedi.
Tips for parents
- Teach your children about good/safe touch and bad/unsafe touch.
- Build a strong emotional bond with your children.
- Build open channels of communication with your children.
- Know the people your child spends time with.
- Avoid leaving your child unsupervised.
- Keep tabs on your children's activities.
Statistics on Child Sexual Abuse in India
- More than 53 per cent children report facing one or more forms of sexual abuse.
- Almost 22 per cent children faced severe sexual abuse, 6 per cent of the respondents were sexually assaulted.
- Fifty per cent of sexual offenders were known to the victim or were in positions of trust (family member, close relative, friend or neighbour).
- Children in the 5-12 years group faced higher levels of abuse, which go largely unreported.
- Boys are equally at risk as girls.
- The severest sexual abuse occurred in age group of 11-16 years.
April 20, 2011
20.4.11
TIMES OF INDIA
Panchayat lets rapist walk free, minor victim dies
LUCKNOW: In a preposterous edict, a village panchayat in Ghaziabad ordered the rapist of a five-year-old girl to be slapped a few times even as the traumatised child died of excessive loss of blood.
Shanti (name changed), the only daughter of Mangu Giri and Sunita, was brutally assaulted by one Om Pal (24) in Shahpur village in Ghaziabad late on Sunday while they bought grocery from a neighbourhood market.
As the couple returned home, they heard the screams of their daughter and rushed in, only to find her in the grips of Om Pal, who also happens to be their distant relative. The shocked parents shouted for help and Om was caught with the help of neighbours.
Next, the Shahpur village panchayat sat in judgment and asked the accused to apologise to Shanti's parents. ''The panchayat also declared the accused to be slapped a few times for his crime. But Om Pal's parents told me they had already thrashed him,'' said Mangu to the police on Tuesday.
The panchayat also ordered Mangu, a labourer at a brick kiln, not to take his profusely bleeding daughter to hospital as it would needlessly involve the police. Mangu and Sunita were forced to keep Shanti at home and tried household remedies which were of no use.
TIMES OF INDIA
Panchayat lets rapist walk free, minor victim dies
LUCKNOW: In a preposterous edict, a village panchayat in Ghaziabad ordered the rapist of a five-year-old girl to be slapped a few times even as the traumatised child died of excessive loss of blood.
Shanti (name changed), the only daughter of Mangu Giri and Sunita, was brutally assaulted by one Om Pal (24) in Shahpur village in Ghaziabad late on Sunday while they bought grocery from a neighbourhood market.
As the couple returned home, they heard the screams of their daughter and rushed in, only to find her in the grips of Om Pal, who also happens to be their distant relative. The shocked parents shouted for help and Om was caught with the help of neighbours.
Next, the Shahpur village panchayat sat in judgment and asked the accused to apologise to Shanti's parents. ''The panchayat also declared the accused to be slapped a few times for his crime. But Om Pal's parents told me they had already thrashed him,'' said Mangu to the police on Tuesday.
The panchayat also ordered Mangu, a labourer at a brick kiln, not to take his profusely bleeding daughter to hospital as it would needlessly involve the police. Mangu and Sunita were forced to keep Shanti at home and tried household remedies which were of no use.
April 19, 2011
17.4.11
DNA
PINK BOARD JUNGLE
For 15-year-old Ipsita Pal, end of school barely translated into the excitement most teenagers feel before entering college. Instead, she suffered from mood swings and scored badly in her ICSE preliminary exams.
Pal comes across as a reserved teenager, but is surprisingly candid about that “crazy, confusing phase where little made sense.”
“I was in love with my best friend - a girl. I don’t think I can even articulate what was going on in my head then,” Pal says in a rush.
“I had always seen my girlfriends gushing about liking guys. Love gave them such a high. But I felt none of that. I was ashamed and terrified because everything around you points towards liking the opposite sex,” explains Pal.
She adds that she was afraid of approaching a teacher because they never discussed similar dilemmas.
“If things went wrong, I would have been left with an added embarrassment - that of a teacher knowing about my feelings.”
Over months, Pal lost her appetite, sleep and her friends, too.
“The friend I loved moved to another city to pursuer college, and I had irrational fears about approaching other girls…what if I developed feelings for them too?”
Pal’s parents took her to two counsellors suspecting exam anxiety or, at most, depression.
“Neither took any time to speak to me, and put me on medication right away. It only reinforced the guilt I felt. I started believing that my feelings were unnatural, shameful and something I had to ‘cure’.”
Dr Zirak Marker was the third psychologist Pal visited.
“When a teenager approaches you with confusion about his/her sexuality, one has to be very careful about not disclosing too much or too little. Sexuality develops over a long period of time.”
Instead of concentrating on whether Pal was a lesbian or not, Dr Marker took time to understand her and took her off medication.
“You cannot reinforce an idea in a teenager’s mind - about heterosexuality or homosexuality.” In due course, Pal’s parents were taken into confidence. “Unlike most parents, Pal’s parents assured her that they loved her just the same - whether she loves a boy or a girl.
Dealing with confusion about one’s sexuality in school is difficult to begin with. Most signs around reinforce that heterosexual attraction and feelings for the opposite sex are ‘normal’ and anything that doesn’t conform to this notion is ‘abnormal’.
Worse, homophobia and bullying in schools makes it impossible for an adolescent to think his/her feelings through, says Mansi Hasan, child psychologist.
“The issue in school children today isn’t just about whether they can make sense of their sexual identities or not. It is also about the homophobia they see all around them. The word ‘gay’ is used as an abuse,” says Hasan.
Recently, the principal of an international school in the city approached Hasan to conduct a sex education workshop mainly because homosexual exploration was on the rise amongst boys and girls.
“Even 3-4 years ago, we didn’t include homosexuality in our workshops, but now we do touch upon it. In this school’s case, a fifth-grader made other boys uncomfortable by touching them inappropriately. When we conducted the workshop, we found his classmates to be severely homophobic.”
Hasan also started speaking to the boy separately and realised he himself was quite confused about his reasons for exploring his classmates.
“It is too early to ‘decide’ or explore whether the boy is homosexual or not - that is something the child will have to decide for himself. At this age, what is important is to create a safe atmosphere for the child. The boy, for instance, was bullied and mocked for “being gay”. Thanks to the information available online and on TV, even children as young as him do understand these concepts to some extent. He has started playing out the mockery to find out what it really meant,” explains Hasan.
Two years ago, when Mohit Prabhu was 13 years old, his mother took him to a psychologist because he, in an unusually frank chat, told his school counsellor that he often got aroused while playing with a male friend at home.
“For a long time, I had to help Mohit accept that arousal, whether with a boy or a girl, is something that he cannot ‘control’. After a year or two, he tried going around with girls but told me that he didn’t feel the same around them. I have not yet had a frank chat with him discussing his homosexuality, but he is more comfortable with how he feels. His parents, however, are still in denial.” The best way forward, says psychiatrist Dr Harish Shetty, is to let nature takes its course - and parents must be prepared for whatever their child chooses.
Dr Marker cites an instance of a boy who came to him because he had realised he was homosexual and was anxious about what “his future held for him”.
“His parents accompanied him, but after five to six sessions, his mother started approaching me secretly, demanding I stop asking him to accept the situation and concentrate on “curing” him instead.
"Sex education workshops are best done keeping parents in the loop too. It is futile if you work towards making a child comfortable, and do little to make his home environment conducive to his feelings,” says Dr Marker.
Dr Shetty says asks students to write their queries on paper anonymously. “Children are getting bolder and experience feelings more complex than we can imagine. Sex education workshops mustn’t be about moral judgements - once you let a child know that his feelings - homosexual or heretosexual - will be respected, h/she’ll not look for information from dubious sources.
DNA
PINK BOARD JUNGLE
For 15-year-old Ipsita Pal, end of school barely translated into the excitement most teenagers feel before entering college. Instead, she suffered from mood swings and scored badly in her ICSE preliminary exams.
Pal comes across as a reserved teenager, but is surprisingly candid about that “crazy, confusing phase where little made sense.”
“I was in love with my best friend - a girl. I don’t think I can even articulate what was going on in my head then,” Pal says in a rush.
“I had always seen my girlfriends gushing about liking guys. Love gave them such a high. But I felt none of that. I was ashamed and terrified because everything around you points towards liking the opposite sex,” explains Pal.
She adds that she was afraid of approaching a teacher because they never discussed similar dilemmas.
“If things went wrong, I would have been left with an added embarrassment - that of a teacher knowing about my feelings.”
Over months, Pal lost her appetite, sleep and her friends, too.
“The friend I loved moved to another city to pursuer college, and I had irrational fears about approaching other girls…what if I developed feelings for them too?”
Pal’s parents took her to two counsellors suspecting exam anxiety or, at most, depression.
“Neither took any time to speak to me, and put me on medication right away. It only reinforced the guilt I felt. I started believing that my feelings were unnatural, shameful and something I had to ‘cure’.”
Dr Zirak Marker was the third psychologist Pal visited.
“When a teenager approaches you with confusion about his/her sexuality, one has to be very careful about not disclosing too much or too little. Sexuality develops over a long period of time.”
Instead of concentrating on whether Pal was a lesbian or not, Dr Marker took time to understand her and took her off medication.
“You cannot reinforce an idea in a teenager’s mind - about heterosexuality or homosexuality.” In due course, Pal’s parents were taken into confidence. “Unlike most parents, Pal’s parents assured her that they loved her just the same - whether she loves a boy or a girl.
Dealing with confusion about one’s sexuality in school is difficult to begin with. Most signs around reinforce that heterosexual attraction and feelings for the opposite sex are ‘normal’ and anything that doesn’t conform to this notion is ‘abnormal’.
Worse, homophobia and bullying in schools makes it impossible for an adolescent to think his/her feelings through, says Mansi Hasan, child psychologist.
“The issue in school children today isn’t just about whether they can make sense of their sexual identities or not. It is also about the homophobia they see all around them. The word ‘gay’ is used as an abuse,” says Hasan.
Recently, the principal of an international school in the city approached Hasan to conduct a sex education workshop mainly because homosexual exploration was on the rise amongst boys and girls.
“Even 3-4 years ago, we didn’t include homosexuality in our workshops, but now we do touch upon it. In this school’s case, a fifth-grader made other boys uncomfortable by touching them inappropriately. When we conducted the workshop, we found his classmates to be severely homophobic.”
Hasan also started speaking to the boy separately and realised he himself was quite confused about his reasons for exploring his classmates.
“It is too early to ‘decide’ or explore whether the boy is homosexual or not - that is something the child will have to decide for himself. At this age, what is important is to create a safe atmosphere for the child. The boy, for instance, was bullied and mocked for “being gay”. Thanks to the information available online and on TV, even children as young as him do understand these concepts to some extent. He has started playing out the mockery to find out what it really meant,” explains Hasan.
Two years ago, when Mohit Prabhu was 13 years old, his mother took him to a psychologist because he, in an unusually frank chat, told his school counsellor that he often got aroused while playing with a male friend at home.
“For a long time, I had to help Mohit accept that arousal, whether with a boy or a girl, is something that he cannot ‘control’. After a year or two, he tried going around with girls but told me that he didn’t feel the same around them. I have not yet had a frank chat with him discussing his homosexuality, but he is more comfortable with how he feels. His parents, however, are still in denial.” The best way forward, says psychiatrist Dr Harish Shetty, is to let nature takes its course - and parents must be prepared for whatever their child chooses.
Dr Marker cites an instance of a boy who came to him because he had realised he was homosexual and was anxious about what “his future held for him”.
“His parents accompanied him, but after five to six sessions, his mother started approaching me secretly, demanding I stop asking him to accept the situation and concentrate on “curing” him instead.
"Sex education workshops are best done keeping parents in the loop too. It is futile if you work towards making a child comfortable, and do little to make his home environment conducive to his feelings,” says Dr Marker.
Dr Shetty says asks students to write their queries on paper anonymously. “Children are getting bolder and experience feelings more complex than we can imagine. Sex education workshops mustn’t be about moral judgements - once you let a child know that his feelings - homosexual or heretosexual - will be respected, h/she’ll not look for information from dubious sources.
March 31, 2011
Express buzz
31st March, 2011
Save our daughters
HYDERABAD: Sexual harassment has been used as a weapon to suppress and subjugate women over the centuries, and in all societies.
“Child abuse at home is not something unusual. It’s been there in large extended families,” points out Kalpana Kannabiran, president of the Asmita Resource Centre for Women, and explains: “When the violation takes place within the home, as is very often the case, the abuse is effectively condoned by tacit silence, and by the passivity displayed by the State and the law-enforcing machinery.” Because the crime is perpetrated most often by a father, stepfather, grandfather, brother or uncle, the rights of the child are usually sacrificed in order to protect the name of the family.
The violence, and its perpertrator, are thus shielded by a cloak of invisibility.
Then there is the horror of forced prostitution. Sunitha Krishnan, founder of the citybased Prajwala, an institution that works to stop human trafficking and has rescued 4268 girls to date, gives an account of the kind of cruelty inflicted on young children to break them into the flesh trade: “For instance, a 12-year-old Laila, it was a never ending saga of pain and fear. Enslaved in a cellar for three years, she was subjected to physical abuse and mental torture by a number of men. An 8-year-old girl can be beaten up badly or confined with a snake to terrorise her into submission.
And there have been cases of men throwing chilli powder in the vagina of the girls to induce an orgasm”
APATHY REIGNS
Dire poverty is another factor that has blighted the lives of girl children. Compelled to work as domestic servants, they are open to physical, including sexual, abuse by her employers. And there is also the devadasi phenomenon.
“In the poor rural areas of Telangana, where debt bondage is rife, it is believed that it is the daughter’s duty to sacrifice herself for the well-being of the family. Young women and girls (devadasis) are ‘dedicated’ to the service of a temple. The devadasis pratha does exist, but now it is closely tied to the caste system,” observes Kalpana.
As for the menace on the streets, that is a pervasive reality for most women and girls. Kalpana recalls her own experience: “At the age of 45, I myself was violently manhandled by a 20- year-old right in front of my house. Neighbours chose to be mere spectators.’’ So what advice does she have for those of her gender? Don’t be foolhardy, but when faced with a tough situation don’t be cowed.
“So many women come to my speaking engagements and training sessions as sheep and walk out determined, strong, empowered and ready to take control of their own lives,” she says.
UNENDING NIGHTMARE
Abusive husbands are another menace quite a few women have to contend with. And imagine the plight of someone who meets this fate while trying to escape another unendurable one. Take the case of Karuna (*name changed) who was barely out of college when a friend proposed marriage. She accepted and eventually they left for the United States where the husband proved to be abusive. Unable to bear the torment, she obtained a divorce and stayed back to pursue her studies rather than return home.
But why did Karuna accept the very first proposal that came her way? The answer is chilling.
“Not because I really liked the guy, but I was desperate to escape from the clutches of my father.” It turns out that he had abused her sexually since she was 15.
And worse was to come when her mother died: “It only got more convenient for him. It was sickening, but then he was my dad, who was also showering me with affection and taking care of me… I breathed not a word to anyone, but at the first opportunity I left him. But the the man I chose was worse…” Then there is the case of Ankita* who too had no inkling of what she was in for when she married Arnab*. For more than a decade now, she has been subjected to mental and physical abuse. It started in the very first year of marriage, but despite her economic independence and professional success this 37-year-old marketing executive has chosen to conform to social pressures and “save” the marriage. From this one can glean the condition of other victims of domestic violence who haven’t had access to a sound education or a well-paid job. Conversely, as more women join the workforce, there is growing concern that their very success triggers the resentment of the spouse and often ends in abuse.
Shocking cases of sexual abuse have been tumbling out of schools too. Last year, one Mohammed Salauddin Ayub Khan, 55, the director of the elite Parkwood International School in Vikarabad near the city, was arrested for repeatedly raping a Plus One student over four months.
The girl, who hailed from Mumbai, became pregnant and the matter came to light. According to activists, the number of students who get molested every year in schools in the State is nothing short of a couple of hundred.
And this number is arrived at only on bases of reported cases, most of which come from private schools. The heavy lid of silence generally screens off the abuse in Government schools whether in the city or elsewhere.
Taking cognisance of the menace, the Hyderabad district educational officer has set up a call centre with two 10-digit numbers to receive grievances from parents, students, teachers and school managements. They can lodge their complaints with: 9346283557 or 9346284556
31st March, 2011
Save our daughters
HYDERABAD: Sexual harassment has been used as a weapon to suppress and subjugate women over the centuries, and in all societies.
“Child abuse at home is not something unusual. It’s been there in large extended families,” points out Kalpana Kannabiran, president of the Asmita Resource Centre for Women, and explains: “When the violation takes place within the home, as is very often the case, the abuse is effectively condoned by tacit silence, and by the passivity displayed by the State and the law-enforcing machinery.” Because the crime is perpetrated most often by a father, stepfather, grandfather, brother or uncle, the rights of the child are usually sacrificed in order to protect the name of the family.
The violence, and its perpertrator, are thus shielded by a cloak of invisibility.
Then there is the horror of forced prostitution. Sunitha Krishnan, founder of the citybased Prajwala, an institution that works to stop human trafficking and has rescued 4268 girls to date, gives an account of the kind of cruelty inflicted on young children to break them into the flesh trade: “For instance, a 12-year-old Laila, it was a never ending saga of pain and fear. Enslaved in a cellar for three years, she was subjected to physical abuse and mental torture by a number of men. An 8-year-old girl can be beaten up badly or confined with a snake to terrorise her into submission.
And there have been cases of men throwing chilli powder in the vagina of the girls to induce an orgasm”
APATHY REIGNS
Dire poverty is another factor that has blighted the lives of girl children. Compelled to work as domestic servants, they are open to physical, including sexual, abuse by her employers. And there is also the devadasi phenomenon.
“In the poor rural areas of Telangana, where debt bondage is rife, it is believed that it is the daughter’s duty to sacrifice herself for the well-being of the family. Young women and girls (devadasis) are ‘dedicated’ to the service of a temple. The devadasis pratha does exist, but now it is closely tied to the caste system,” observes Kalpana.
As for the menace on the streets, that is a pervasive reality for most women and girls. Kalpana recalls her own experience: “At the age of 45, I myself was violently manhandled by a 20- year-old right in front of my house. Neighbours chose to be mere spectators.’’ So what advice does she have for those of her gender? Don’t be foolhardy, but when faced with a tough situation don’t be cowed.
“So many women come to my speaking engagements and training sessions as sheep and walk out determined, strong, empowered and ready to take control of their own lives,” she says.
UNENDING NIGHTMARE
Abusive husbands are another menace quite a few women have to contend with. And imagine the plight of someone who meets this fate while trying to escape another unendurable one. Take the case of Karuna (*name changed) who was barely out of college when a friend proposed marriage. She accepted and eventually they left for the United States where the husband proved to be abusive. Unable to bear the torment, she obtained a divorce and stayed back to pursue her studies rather than return home.
But why did Karuna accept the very first proposal that came her way? The answer is chilling.
“Not because I really liked the guy, but I was desperate to escape from the clutches of my father.” It turns out that he had abused her sexually since she was 15.
And worse was to come when her mother died: “It only got more convenient for him. It was sickening, but then he was my dad, who was also showering me with affection and taking care of me… I breathed not a word to anyone, but at the first opportunity I left him. But the the man I chose was worse…” Then there is the case of Ankita* who too had no inkling of what she was in for when she married Arnab*. For more than a decade now, she has been subjected to mental and physical abuse. It started in the very first year of marriage, but despite her economic independence and professional success this 37-year-old marketing executive has chosen to conform to social pressures and “save” the marriage. From this one can glean the condition of other victims of domestic violence who haven’t had access to a sound education or a well-paid job. Conversely, as more women join the workforce, there is growing concern that their very success triggers the resentment of the spouse and often ends in abuse.
Shocking cases of sexual abuse have been tumbling out of schools too. Last year, one Mohammed Salauddin Ayub Khan, 55, the director of the elite Parkwood International School in Vikarabad near the city, was arrested for repeatedly raping a Plus One student over four months.
The girl, who hailed from Mumbai, became pregnant and the matter came to light. According to activists, the number of students who get molested every year in schools in the State is nothing short of a couple of hundred.
And this number is arrived at only on bases of reported cases, most of which come from private schools. The heavy lid of silence generally screens off the abuse in Government schools whether in the city or elsewhere.
Taking cognisance of the menace, the Hyderabad district educational officer has set up a call centre with two 10-digit numbers to receive grievances from parents, students, teachers and school managements. They can lodge their complaints with: 9346283557 or 9346284556
March 18, 2011
18.3.11
DNA
Govt spares rape victims the finger humiliation
The government has made finger test, which adds insult to rape victims’ injury, optional. It can now be conducted only when there is no other evidence to confirm rape or sexual assault and that too only with the consent of victims.
The health ministry has issued a note to all central government hospitals, asking doctors to desist from conducting the test as a practice. Medically known as p/v (per vagina) test, it involves a doctor inserting fingers in the vagina to determine its laxity.
The test is seen as physically invasive by women as it often determines a victim’s previous sexual experiences as well. According to women activists, defence lawyers often use this finding to discredit rape victims.
The change of examination pattern has been ordered by health minister Ghulam Nabi Azad following a representation by National Commission for Women.
A team of technical experts has also simplified the pro forma of medical examination report for sexual exploitation to remove irrelevant information sought from victims and cut down unnecessary tests.
This pattern is expected to be followed by state government and private hospitals as well.
The health ministry note states that medical tests on rape victims have to be carried out in a more sensitive manner and should be less humiliating.
Accordingly, doctors will now have to first conduct pubic hair combing and examination of external genitalia to check swelling, injury, bruises, etc, on victims’ private parts to establish rape or sexual assault.
“P/v test has to be conducted only if there is a dire need for further examination or there are no other visible signs of rape/assault or for other findings. We have also simplified the format to remove ambiguity and doubts of various women’s groups pursuing the issue,” a health ministry official said.
DNA
Govt spares rape victims the finger humiliation
The government has made finger test, which adds insult to rape victims’ injury, optional. It can now be conducted only when there is no other evidence to confirm rape or sexual assault and that too only with the consent of victims.
The health ministry has issued a note to all central government hospitals, asking doctors to desist from conducting the test as a practice. Medically known as p/v (per vagina) test, it involves a doctor inserting fingers in the vagina to determine its laxity.
The test is seen as physically invasive by women as it often determines a victim’s previous sexual experiences as well. According to women activists, defence lawyers often use this finding to discredit rape victims.
The change of examination pattern has been ordered by health minister Ghulam Nabi Azad following a representation by National Commission for Women.
A team of technical experts has also simplified the pro forma of medical examination report for sexual exploitation to remove irrelevant information sought from victims and cut down unnecessary tests.
This pattern is expected to be followed by state government and private hospitals as well.
The health ministry note states that medical tests on rape victims have to be carried out in a more sensitive manner and should be less humiliating.
Accordingly, doctors will now have to first conduct pubic hair combing and examination of external genitalia to check swelling, injury, bruises, etc, on victims’ private parts to establish rape or sexual assault.
“P/v test has to be conducted only if there is a dire need for further examination or there are no other visible signs of rape/assault or for other findings. We have also simplified the format to remove ambiguity and doubts of various women’s groups pursuing the issue,” a health ministry official said.
March 10, 2011
7.3.11
Hindustan Times
Minor’s willingness is not consent for sex, says high court
The willingness of a minor, classified as a person below 18 years of age, is not considered as consent for sexual intercourse under the law, ruled the Bombay high court while upholding the conviction of a 37-year-old man from Latur district who raped a minor girl. In 1997, the then Class 10 student, aged between 15 and 16 years, met Bhima Sontakke, who made false promises of marriage to her. In October 1997, Sontakke took her to various places and allegedly had intercourse with her.
Acting on a complaint lodged by the victim’s father in November 1997, the Latur police arrested Sontakke. In August 1999, a local court convicted him for various offences including rape and kidnapping, and sentenced him to five years of rigorous imprisonment.
Sontakke appealed before the Aurangabad bench of the Bombay high court contending that the girl had willingly come with him, and since they engaged in consensual sex, he should not have been convicted of rape and kidnapping.
Justice SS Shinde, however, refused to oppose the trial court’s stand on the matter. The trial court asserted that since the girl was a minor at the relevant time, her willingness could not be termed as consent.
Shinde took into consideration that despite being married, the convict made false promises of marriage to the girl to have sexual intercourse with her.
The court upheld Sontakke’s conviction for kidnapping saying that the consent of a minor cannot be used as a defence in kidnapping cases.
10.3.11
Times of India
Budget allocation cuts relief for rape victims
MUMBAI: After the celebrations for International Women's Day, here's some grim news. Despite the rising number of rapes in the country there has been a mind-boggling reduction in the budget for the relief and rehabilitation of rape victims over the years. The budget allocation for the welfare of rape victims has been slashed by nearly 85% from the previous financial year.
A comparison of budget estimates over the years shows that the allocation for the relief and rehabilitation of rape victims has fallen from Rs 53.30 crore in the 2009-10 Union budget to Rs 36.2 crore in 2010-11 to a mere Rs 7.5 crore in the 2011-12 budget outlays. Analysts say with basic medical care for a rape victim costing around Rs 1,000 daily in a city like Mumbai, the current budgetary allocations are grossly inadequate.
Researchers on women's issues say the slash is unwarranted given that the number of rapes in the country has been steadily on the rise . Over 21,397 women in the country were raped in 2009 alone, the latest year for which the National Crime Records Bureau provides statistics. The figure is believed to be conservative at best, given the under-reporting of such crimes.
Sangeeta Rege, senior researcher at CEHAT (Centre for Enquiry into Health and Allied Themes) says the paltry expenditure on the welfare of rape victims is a matter of serious concern. "An analysis of the government's expenditure on the relief and rehabilitation of rape victims in 2009 shows that only Rs 9 lakh of the budget was spent, which amounts to around Rs 42 per rape victim. This will not even provide for a victim's daily dose of medication. The budget reduction since then makes one wonder how less will the government spend?'' Rege says CEHAT research showed them that basic medical care for a rape victim costs around Rs 1,000 per day in a city like Mumbai.
There seems to be a lack of clarity on compensatory relief for rape. Senior officials from the ministry of women and child development told TOI that rape victims could file for compensation under section 357A of the CrPC. They said schemes for the rehabilitation of rape victims were awaiting final approvals. Asked about the poor spending of budget allocations, officials said the funds were channelised on a need basis.
Women researchers said that rape victims were often completely unaware about provisions for financial redressal. Explaining that the reduced fund-allocation is usually due to gross under-utilization of allocated funds in the previous year, head of economics at the SNDT Women's university Vibhuti Patel says the budget slash indicated rape victims or potential recipients such as the police, women's groups or remand homes were unaware about the availability of funding. "It could also be due to the non-formation of schemes to channelize funds,'' she said.
Following Supreme Court directives, the National Commission for Women had drawn up a scheme to provide restorative justice to rape victims by means of a compensatory fund, way back in 2005. After much deliberation, it was recently proposed that rape victims would receive financial assistance of Rs 20,000 and restorative support services upto Rs 50,000, but that scheme too still awaits implementation.
The reduced allocations are just another indication of victims getting short shrift. Lakshmi Lingam, professor of women's studies at the Tata Institute of Social Sciences says the government seems to lack direction on how to handle the issue of sexual violence against women.
Hindustan Times
Minor’s willingness is not consent for sex, says high court
The willingness of a minor, classified as a person below 18 years of age, is not considered as consent for sexual intercourse under the law, ruled the Bombay high court while upholding the conviction of a 37-year-old man from Latur district who raped a minor girl. In 1997, the then Class 10 student, aged between 15 and 16 years, met Bhima Sontakke, who made false promises of marriage to her. In October 1997, Sontakke took her to various places and allegedly had intercourse with her.
Acting on a complaint lodged by the victim’s father in November 1997, the Latur police arrested Sontakke. In August 1999, a local court convicted him for various offences including rape and kidnapping, and sentenced him to five years of rigorous imprisonment.
Sontakke appealed before the Aurangabad bench of the Bombay high court contending that the girl had willingly come with him, and since they engaged in consensual sex, he should not have been convicted of rape and kidnapping.
Justice SS Shinde, however, refused to oppose the trial court’s stand on the matter. The trial court asserted that since the girl was a minor at the relevant time, her willingness could not be termed as consent.
Shinde took into consideration that despite being married, the convict made false promises of marriage to the girl to have sexual intercourse with her.
The court upheld Sontakke’s conviction for kidnapping saying that the consent of a minor cannot be used as a defence in kidnapping cases.
10.3.11
Times of India
Budget allocation cuts relief for rape victims
MUMBAI: After the celebrations for International Women's Day, here's some grim news. Despite the rising number of rapes in the country there has been a mind-boggling reduction in the budget for the relief and rehabilitation of rape victims over the years. The budget allocation for the welfare of rape victims has been slashed by nearly 85% from the previous financial year.
A comparison of budget estimates over the years shows that the allocation for the relief and rehabilitation of rape victims has fallen from Rs 53.30 crore in the 2009-10 Union budget to Rs 36.2 crore in 2010-11 to a mere Rs 7.5 crore in the 2011-12 budget outlays. Analysts say with basic medical care for a rape victim costing around Rs 1,000 daily in a city like Mumbai, the current budgetary allocations are grossly inadequate.
Researchers on women's issues say the slash is unwarranted given that the number of rapes in the country has been steadily on the rise . Over 21,397 women in the country were raped in 2009 alone, the latest year for which the National Crime Records Bureau provides statistics. The figure is believed to be conservative at best, given the under-reporting of such crimes.
Sangeeta Rege, senior researcher at CEHAT (Centre for Enquiry into Health and Allied Themes) says the paltry expenditure on the welfare of rape victims is a matter of serious concern. "An analysis of the government's expenditure on the relief and rehabilitation of rape victims in 2009 shows that only Rs 9 lakh of the budget was spent, which amounts to around Rs 42 per rape victim. This will not even provide for a victim's daily dose of medication. The budget reduction since then makes one wonder how less will the government spend?'' Rege says CEHAT research showed them that basic medical care for a rape victim costs around Rs 1,000 per day in a city like Mumbai.
There seems to be a lack of clarity on compensatory relief for rape. Senior officials from the ministry of women and child development told TOI that rape victims could file for compensation under section 357A of the CrPC. They said schemes for the rehabilitation of rape victims were awaiting final approvals. Asked about the poor spending of budget allocations, officials said the funds were channelised on a need basis.
Women researchers said that rape victims were often completely unaware about provisions for financial redressal. Explaining that the reduced fund-allocation is usually due to gross under-utilization of allocated funds in the previous year, head of economics at the SNDT Women's university Vibhuti Patel says the budget slash indicated rape victims or potential recipients such as the police, women's groups or remand homes were unaware about the availability of funding. "It could also be due to the non-formation of schemes to channelize funds,'' she said.
Following Supreme Court directives, the National Commission for Women had drawn up a scheme to provide restorative justice to rape victims by means of a compensatory fund, way back in 2005. After much deliberation, it was recently proposed that rape victims would receive financial assistance of Rs 20,000 and restorative support services upto Rs 50,000, but that scheme too still awaits implementation.
The reduced allocations are just another indication of victims getting short shrift. Lakshmi Lingam, professor of women's studies at the Tata Institute of Social Sciences says the government seems to lack direction on how to handle the issue of sexual violence against women.
March 4, 2011
DNA
4.3.11
Cabinet clears child abuse bill
A pathbreaking bill dealing exclusively with sexual offences against children was passed by the Union cabinet on Thursday providing for a jail term upto seven years and a fine of Rs50,000 for such crimes.
The Protection of Children Against Sexual Offences Bill, 2011, also legalised consensual sex with a person aged between 16-18 years. The new law will cover all new aspects of sexual offences against children not covered elsewhere.
The proposed bill aims at protecting children against offences of sexual assault, sexual harassment, pornography and provide for establishment of special courts for trial of such offences.
The bill provides for treating sexual assault as “aggravated offence” when it is committed by a person in position of trust or authority including a member of the security forces, police officer, public servant, management or staff of a children’s home, hospital or educational institution.
It will be treated as an aggravated offence where the child victim is below 12 years or has mental or physical disability or the sexual offence causes grievous hurt or injury to the child with long term adverse effect on the child’s mind and body. The punishment for such an offence would be imprisonment of upto seven years with fine. The punishment for penetrative sexual assault has been proposed to be at least five years in jail and a minimum fine of Rs50,000.
Sexual assault also includes fondling the child in an inappropriate way which will invite a penalty of minimum three years in jail.
Section seven of the bill provides for “no punishment” if the consent for sexual act has been obtained with a person aged between 16 and 18 years.
There is a special provision in the bill preventing abuse of children for pornographic purpose or possessing pornographic material involving children. There will be an obligation on the media, studio and photographic facilities not to report such cases and failure to do so will attract punishment.
The media has been barred from reporting the cases without having authentic information and from disclosing the identity of the child.
4.3.11
Cabinet clears child abuse bill
A pathbreaking bill dealing exclusively with sexual offences against children was passed by the Union cabinet on Thursday providing for a jail term upto seven years and a fine of Rs50,000 for such crimes.
The Protection of Children Against Sexual Offences Bill, 2011, also legalised consensual sex with a person aged between 16-18 years. The new law will cover all new aspects of sexual offences against children not covered elsewhere.
The proposed bill aims at protecting children against offences of sexual assault, sexual harassment, pornography and provide for establishment of special courts for trial of such offences.
The bill provides for treating sexual assault as “aggravated offence” when it is committed by a person in position of trust or authority including a member of the security forces, police officer, public servant, management or staff of a children’s home, hospital or educational institution.
It will be treated as an aggravated offence where the child victim is below 12 years or has mental or physical disability or the sexual offence causes grievous hurt or injury to the child with long term adverse effect on the child’s mind and body. The punishment for such an offence would be imprisonment of upto seven years with fine. The punishment for penetrative sexual assault has been proposed to be at least five years in jail and a minimum fine of Rs50,000.
Sexual assault also includes fondling the child in an inappropriate way which will invite a penalty of minimum three years in jail.
Section seven of the bill provides for “no punishment” if the consent for sexual act has been obtained with a person aged between 16 and 18 years.
There is a special provision in the bill preventing abuse of children for pornographic purpose or possessing pornographic material involving children. There will be an obligation on the media, studio and photographic facilities not to report such cases and failure to do so will attract punishment.
The media has been barred from reporting the cases without having authentic information and from disclosing the identity of the child.
March 3, 2011
3.3.11
TIMES OF INDIA
Up to 5 yrs' jail proposed for sexual assault
NEW DELHI: The proposed Protection of Children from Sexual Offences Bill 2011 is likely to come up before the Cabinet on Thursday.
The bill — piloted by the women and child development ministry — while proposing stiffer punishment for offenders, also advocates punishing those making false complaints, except if the complainant is a child less than 16 years old.
The bill gains significance on the back of National Crime Records Bureau data that shows an increase in sexual offences against children. A ministry study in 2007 on child abuse found 53% reported one or more forms of sexual abuse. And 50% of the abusers were known to the child or in a position of trust and responsibility.
As per the new bill, whoever commits sexual assault can be punished with imprisonment of three years extendable up to five years and a fine. Punishment for penetrative sexual assault (where the perpetrator is a guardian, public servant or security personnel) has been proposed at 10 years, which could be extended to life term and a fine.
TIMES OF INDIA
Up to 5 yrs' jail proposed for sexual assault
NEW DELHI: The proposed Protection of Children from Sexual Offences Bill 2011 is likely to come up before the Cabinet on Thursday.
The bill — piloted by the women and child development ministry — while proposing stiffer punishment for offenders, also advocates punishing those making false complaints, except if the complainant is a child less than 16 years old.
The bill gains significance on the back of National Crime Records Bureau data that shows an increase in sexual offences against children. A ministry study in 2007 on child abuse found 53% reported one or more forms of sexual abuse. And 50% of the abusers were known to the child or in a position of trust and responsibility.
As per the new bill, whoever commits sexual assault can be punished with imprisonment of three years extendable up to five years and a fine. Punishment for penetrative sexual assault (where the perpetrator is a guardian, public servant or security personnel) has been proposed at 10 years, which could be extended to life term and a fine.
February 22, 2011
21.2.2011
Times of India, Kanpur
Several girls silently bear sexual abuse: Survey
KANPUR: Nearly 40 per cent of girls in the city are victims of some form of sexual abuse, revealed a study conducted by the home science department of Chandra Shekher Azad (CSA) University of Agriculture and Technology. It includes girls who are in the age group of 9-12 years and have been molested either at schools or homes. Many girls have faced physical and emotional neglect and social abuse as well.
Out of 249 girls surveyed, 123 reported of instances where their private parts were touched. While 41.2 per cent were forced to expose their genitals or subjected to other forms of sexual abuse. Whereas many girls reported of sexual act where the abuser forced the girl to touch his genitals.
Under the supervision of Neelima Kunwar, office-in-charge, extension education and communication management, CSA, the students of home science conducted a study among 249 girls under the age group of 9-12 years in 2010. The study was conducted in five Hindi and five English medium schools. The girls were interviewed with the help of a questionnaire.
"Generally, girls are sexually abused by an individual known to her family or somebody in her surrounding institutes. Rarely the abuser is a stranger," said Neelima. "In most of the cases, the girls were forced to show their body parts to the friends, cousins or teachers who are the abusers. They even are exposed to pornography and are forcefully kissed," she said.
Notably, abuse happens when someone tries to control or hurt the girl. It can be physical such as hitting or pushing. It can be making a girl feel worthless or making her possessive or jealous, to stop her from speaking to friends or family or even forcing her to participate in sexual activities.
Neelima mentioned that the victim is continuously targeted by the same abuser. With the passe of time the abuse rate increases. For example in the case of sexual abuse, the abuser in the initial stages shows his body parts and then it progresses to kissing, fondling, penetration and so on. And at the time he ensures to threat the child by abusing her physically and emotionally. Abuser simply try to convince the child that nobody would believe if they tell about the abuse.
However, such inappropriate sexual behaviour with a child such as fondling a child's genital, making the child fondle the adult's genital, intercourse, rape and sexual exploitation occurs because the respondent fails to express themselves after facing abuse. "Girls are least aware about such practices and secondly, they their parents due to some kind of physical abuse they experience at home.
Some girls are ashamed and feel guilty despite being subjected to fear and frustration.
Normally, the children who have been sexually exploited suffer from infection, genital injury, abdominal pain and urinary tract infection or behavioural problems. Besides, they face academic difficulties, concentration problem, depression, fear or shyness, insomnia and difficulty in learning.
Besides this, there are physical, emotional and neglect abuse. Physical abuse is one of the common abuse contributing to 72 per cent of the cases. In such cases, the child faces repeated beating and injuries, kicks, burns and other form of torture. As per the survey, a majority of children are either beaten by mother or schoolteacher. This is followed by emotional abuse. It includes verbal and mental abuse which leads to serious behavioural, emotional and mental disorders. Girls are even the victims of social abuse.
However, psychologist suggest that such unethical practices can be controlled if parents practice certain prevention strategies such as anger management and fill the communication gap between children and themselves.
21.2.11
Indian Express
Govt to bring in Bill to check sexual abuse of children
The government on Monday proposed to bring in a comprehensive legislation soon to prevent sexual abuse of children that will have provisions for stringent punishment for such offences.
In her address to joint sitting of both houses of Parliament, President Pratibha Patil said the government "proposes to introduce a bill regarding protection of children from sexual offences".
The new law will cover all new aspects of sexual offences against children not covered elsewhere with provision for stringent punishment.
Once through, this law will take precedence over any other existing law.
Congress President Sonia Gandhi was keen to see the bill through and had written to Women and Child Development (WCD) minister Krishna Tirath last year asking her to hasten the pace of the legislation focusing on sexual abuse of the children, sources said.
Amid reports of differences between ministries, she had asked the WCD ministry to coordinate with the Law Ministry which had already prepared a draft bill on similar lines.
The proposed legislation aims at protecting children against offences of sexual assault, sexual harassment, pornography and provide for establishment of special courts for trial of such offences.
The punishment for penetrative sexual assault has been proposed as at least five years in jail and a minimum fine of Rs 50,000. Sexual assault also includes fondling the child in an inappropriate way which will invite a penalty of minimum three years in jail.
There is a special provision preventing abuse of children for pornographic purpose or possessing pornographic material involving children. There will an obligation on media, studio and photographic facilities to report such cases and failure to do so will attract punishment.
To prevent misuse of this law, there is deterrent factor on false complaints and false information leading to six-month jail term.
There will be set procedure for media on reporting that would bar giving details of the victim and accused children's family or personal details or any form of reporting that can lead to their identification. Besides, it proposes special courts and more sensitive ways in dealing with crime against children.
In her address, Patil also touched upon the issue of protection of women against sexual harassment at workplace.
"The Protection of Women Against Sexual Harassment at Workplace Bill has also been introduced in Parliament," Patil said.
Times of India, Kanpur
Several girls silently bear sexual abuse: Survey
KANPUR: Nearly 40 per cent of girls in the city are victims of some form of sexual abuse, revealed a study conducted by the home science department of Chandra Shekher Azad (CSA) University of Agriculture and Technology. It includes girls who are in the age group of 9-12 years and have been molested either at schools or homes. Many girls have faced physical and emotional neglect and social abuse as well.
Out of 249 girls surveyed, 123 reported of instances where their private parts were touched. While 41.2 per cent were forced to expose their genitals or subjected to other forms of sexual abuse. Whereas many girls reported of sexual act where the abuser forced the girl to touch his genitals.
Under the supervision of Neelima Kunwar, office-in-charge, extension education and communication management, CSA, the students of home science conducted a study among 249 girls under the age group of 9-12 years in 2010. The study was conducted in five Hindi and five English medium schools. The girls were interviewed with the help of a questionnaire.
"Generally, girls are sexually abused by an individual known to her family or somebody in her surrounding institutes. Rarely the abuser is a stranger," said Neelima. "In most of the cases, the girls were forced to show their body parts to the friends, cousins or teachers who are the abusers. They even are exposed to pornography and are forcefully kissed," she said.
Notably, abuse happens when someone tries to control or hurt the girl. It can be physical such as hitting or pushing. It can be making a girl feel worthless or making her possessive or jealous, to stop her from speaking to friends or family or even forcing her to participate in sexual activities.
Neelima mentioned that the victim is continuously targeted by the same abuser. With the passe of time the abuse rate increases. For example in the case of sexual abuse, the abuser in the initial stages shows his body parts and then it progresses to kissing, fondling, penetration and so on. And at the time he ensures to threat the child by abusing her physically and emotionally. Abuser simply try to convince the child that nobody would believe if they tell about the abuse.
However, such inappropriate sexual behaviour with a child such as fondling a child's genital, making the child fondle the adult's genital, intercourse, rape and sexual exploitation occurs because the respondent fails to express themselves after facing abuse. "Girls are least aware about such practices and secondly, they their parents due to some kind of physical abuse they experience at home.
Some girls are ashamed and feel guilty despite being subjected to fear and frustration.
Normally, the children who have been sexually exploited suffer from infection, genital injury, abdominal pain and urinary tract infection or behavioural problems. Besides, they face academic difficulties, concentration problem, depression, fear or shyness, insomnia and difficulty in learning.
Besides this, there are physical, emotional and neglect abuse. Physical abuse is one of the common abuse contributing to 72 per cent of the cases. In such cases, the child faces repeated beating and injuries, kicks, burns and other form of torture. As per the survey, a majority of children are either beaten by mother or schoolteacher. This is followed by emotional abuse. It includes verbal and mental abuse which leads to serious behavioural, emotional and mental disorders. Girls are even the victims of social abuse.
However, psychologist suggest that such unethical practices can be controlled if parents practice certain prevention strategies such as anger management and fill the communication gap between children and themselves.
21.2.11
Indian Express
Govt to bring in Bill to check sexual abuse of children
The government on Monday proposed to bring in a comprehensive legislation soon to prevent sexual abuse of children that will have provisions for stringent punishment for such offences.
In her address to joint sitting of both houses of Parliament, President Pratibha Patil said the government "proposes to introduce a bill regarding protection of children from sexual offences".
The new law will cover all new aspects of sexual offences against children not covered elsewhere with provision for stringent punishment.
Once through, this law will take precedence over any other existing law.
Congress President Sonia Gandhi was keen to see the bill through and had written to Women and Child Development (WCD) minister Krishna Tirath last year asking her to hasten the pace of the legislation focusing on sexual abuse of the children, sources said.
Amid reports of differences between ministries, she had asked the WCD ministry to coordinate with the Law Ministry which had already prepared a draft bill on similar lines.
The proposed legislation aims at protecting children against offences of sexual assault, sexual harassment, pornography and provide for establishment of special courts for trial of such offences.
The punishment for penetrative sexual assault has been proposed as at least five years in jail and a minimum fine of Rs 50,000. Sexual assault also includes fondling the child in an inappropriate way which will invite a penalty of minimum three years in jail.
There is a special provision preventing abuse of children for pornographic purpose or possessing pornographic material involving children. There will an obligation on media, studio and photographic facilities to report such cases and failure to do so will attract punishment.
To prevent misuse of this law, there is deterrent factor on false complaints and false information leading to six-month jail term.
There will be set procedure for media on reporting that would bar giving details of the victim and accused children's family or personal details or any form of reporting that can lead to their identification. Besides, it proposes special courts and more sensitive ways in dealing with crime against children.
In her address, Patil also touched upon the issue of protection of women against sexual harassment at workplace.
"The Protection of Women Against Sexual Harassment at Workplace Bill has also been introduced in Parliament," Patil said.
February 9, 2011
9.2.11
Times of India
COP OUT , Police Said No To FIR For 2 Days In Girls Rape
Mumbai: For two whole days,the Vakola police refused to lodge an FIR in the rape of a three-year-old girl because they were uncertain if the offence had taken place.
The kindergartner was allegedly raped on Thursday morning in her Santa Cruz (East) school,the Kalina Education Society school,by a watchman,Telam Singh.Later that day,the childs mother called on Vakola police station to register a complaint,but the police paid little heed.On Friday too,the cops did not act;instead,playing the role of an arbiter between the school administration and the mother.The FIR was eventually lodged on Saturday after the mother produced a medical certificate from Sion Hospital,and on Monday,the police arrested Singh for alleged rape along with two other school employees who allegedly attempted to hush up the incident.
Rajendra Pardesi,senior police inspector of Vakola police station,argued that the police had recorded the mothers statement on Thursday,but they did not register an FIR till Saturday because they were unsure if the girl had indeed been raped.
On Tuesday morning,a number of parents protested outside Kalina Education Society,demanding strict action against its staff for laxity.When the crowd grew angry and in size,the police stepped in.A few of the parents,accompanied by a local social worker,were later allowed into the school to survey the site of the crime and meet the school management.My house is just a half a kilometre from the school.My daughter is in fifth standard.Every day,she used to come with her friends,but the incident has forced me to accompany her, said a protesting father.The victim studies in Junior KG in the preprimary section of Kalina Education Society school.According to the police,Singh took the child to a toilet on Thursday morning and sexually assaulted her.When the three-year-old,bleeding profusely,raised an alarm,a peon (Rekha Kamble) and a teacher (Elison Mirinda) assaulted her and threatened her.But once home,the young victim told her mother about the incident.
The mother rushed the child to Vakola police station,where a female police inspector dismissed their complaint as an attempt at raising an unnecessary controversy after the examining the victims private parts.She said the girl had not been raped.
When the mother insisted on filing a complaint,the police summoned the school staff,but did not send the child for a medical exam.Over the next day and a half,the cops played arbiter between the school and the complainant.
Things changed only on Saturday when the mother took the girl to Sion Hospital,where doctors confirmed,after an examination,that the child had been raped.The local police at the hospital,thereafter,contacted the Vakola police,which finally lodged an FIR.
The Vakola police took the girl to the school,where she identified the accused and the site of the crime.With no options left,the police arrested Singh along with Kamble and Mirinda.
9.2.11
Times of India
'Kids must be encouraged to talk freely'
MUMBAI: City psychiatrists say the steady increase in child sex abuse cases has brought to light the importance of training children about the difference between 'good touch' and 'bad touch'. Parents particularly need to communicate with kids every day so they can feel free to say anything they consider unusual.
"One can't trust strangers anymore and this is the first thing a child should be taught. Don't ask kids to respect and follow the advice of all adults," said Dr Harish Shetty. He added that the busy lifestyle of parents is increasingly giving offenders chances to victimize children. "Regular interaction with children is very important and parents should always take statements made by children seriously, unless proved otherwise," Shetty said.
With a number of sexual offences taking place at schools, psychiatrists say, it is important for parents to stay in touch with school authorities. "Parents should know who their kids interact with on a daily basis. They should regularly go to the school and stay around their kids to know what they do. This not only boosts the child's confidence in parents, but also leaves offenders with the impression that the child is well protected," said Dr Shubhangi Parkar, head of the psychiatry wing of KEM Hospital. She added that parents should simply and gently explain to their kids the issues of 'good touch' and 'bad touch' and about keeping away from strangers.
Schools should be aware of where students are at any given point of time. There should be enough attendants in class to ensure the safety of younger kids. "Even teachers should encourage students to enquire about anything and everything they feel like," said Shetty.
Increasing cases of child sex abuse have left parents wondering the right age to discuss such issues with kids. "There is no right age anymore. Earlier, we had instances of 5- or 6-year-olds being raped, but now we hear cases of kids barely 2 or 3 years old being targeted," said Dr Yusuf Matcheswalla, adding that early detection of such cases and therapy is very important or else children might end up with a phobia of other people.
Times of India
COP OUT , Police Said No To FIR For 2 Days In Girls Rape
Mumbai: For two whole days,the Vakola police refused to lodge an FIR in the rape of a three-year-old girl because they were uncertain if the offence had taken place.
The kindergartner was allegedly raped on Thursday morning in her Santa Cruz (East) school,the Kalina Education Society school,by a watchman,Telam Singh.Later that day,the childs mother called on Vakola police station to register a complaint,but the police paid little heed.On Friday too,the cops did not act;instead,playing the role of an arbiter between the school administration and the mother.The FIR was eventually lodged on Saturday after the mother produced a medical certificate from Sion Hospital,and on Monday,the police arrested Singh for alleged rape along with two other school employees who allegedly attempted to hush up the incident.
Rajendra Pardesi,senior police inspector of Vakola police station,argued that the police had recorded the mothers statement on Thursday,but they did not register an FIR till Saturday because they were unsure if the girl had indeed been raped.
On Tuesday morning,a number of parents protested outside Kalina Education Society,demanding strict action against its staff for laxity.When the crowd grew angry and in size,the police stepped in.A few of the parents,accompanied by a local social worker,were later allowed into the school to survey the site of the crime and meet the school management.My house is just a half a kilometre from the school.My daughter is in fifth standard.Every day,she used to come with her friends,but the incident has forced me to accompany her, said a protesting father.The victim studies in Junior KG in the preprimary section of Kalina Education Society school.According to the police,Singh took the child to a toilet on Thursday morning and sexually assaulted her.When the three-year-old,bleeding profusely,raised an alarm,a peon (Rekha Kamble) and a teacher (Elison Mirinda) assaulted her and threatened her.But once home,the young victim told her mother about the incident.
The mother rushed the child to Vakola police station,where a female police inspector dismissed their complaint as an attempt at raising an unnecessary controversy after the examining the victims private parts.She said the girl had not been raped.
When the mother insisted on filing a complaint,the police summoned the school staff,but did not send the child for a medical exam.Over the next day and a half,the cops played arbiter between the school and the complainant.
Things changed only on Saturday when the mother took the girl to Sion Hospital,where doctors confirmed,after an examination,that the child had been raped.The local police at the hospital,thereafter,contacted the Vakola police,which finally lodged an FIR.
The Vakola police took the girl to the school,where she identified the accused and the site of the crime.With no options left,the police arrested Singh along with Kamble and Mirinda.
9.2.11
Times of India
'Kids must be encouraged to talk freely'
MUMBAI: City psychiatrists say the steady increase in child sex abuse cases has brought to light the importance of training children about the difference between 'good touch' and 'bad touch'. Parents particularly need to communicate with kids every day so they can feel free to say anything they consider unusual.
"One can't trust strangers anymore and this is the first thing a child should be taught. Don't ask kids to respect and follow the advice of all adults," said Dr Harish Shetty. He added that the busy lifestyle of parents is increasingly giving offenders chances to victimize children. "Regular interaction with children is very important and parents should always take statements made by children seriously, unless proved otherwise," Shetty said.
With a number of sexual offences taking place at schools, psychiatrists say, it is important for parents to stay in touch with school authorities. "Parents should know who their kids interact with on a daily basis. They should regularly go to the school and stay around their kids to know what they do. This not only boosts the child's confidence in parents, but also leaves offenders with the impression that the child is well protected," said Dr Shubhangi Parkar, head of the psychiatry wing of KEM Hospital. She added that parents should simply and gently explain to their kids the issues of 'good touch' and 'bad touch' and about keeping away from strangers.
Schools should be aware of where students are at any given point of time. There should be enough attendants in class to ensure the safety of younger kids. "Even teachers should encourage students to enquire about anything and everything they feel like," said Shetty.
Increasing cases of child sex abuse have left parents wondering the right age to discuss such issues with kids. "There is no right age anymore. Earlier, we had instances of 5- or 6-year-olds being raped, but now we hear cases of kids barely 2 or 3 years old being targeted," said Dr Yusuf Matcheswalla, adding that early detection of such cases and therapy is very important or else children might end up with a phobia of other people.
February 2, 2011
2.2.11
Times of India
Sexual offences bill: Govt talks of 2 versions
CHENNAI/NEW DELHI: The ministry of women and child development denied a TOI report that the draft Protection of Children from Sexual Offences Bill, 2010, proposes to permit consensual non-penetrative sex between 12-year-olds. It said the report seems to be quoting provisions of a draft prepared by the National Commission for Protection of Child Rights.
In its clarification, the ministry said the draft put up before the cabinet has the age of consent at 16. The proviso to Section 3 of the draft sent to states clearly mentions 16 as the age of consent for any sexual act and in any case of penetrative sexual assault on a child between 16 to 18 years of age, it has to be considered whether consent was taken, it said.
According to TN government sources, NCPCR had earlier recommended lowering the age of consent to 12 years and this was subsequently circulated to various states by the ministry of women and child development. But this version has since been superseded by another draft which retains the age of consent between 16 to 18 as under the Indian Penal Code. It is this draft which has, after consultations with the ministry of law, been sent for cabinet approval.
The move to circulate the draft which lowers the age of consent to 12 has, however, been criticized by child welfare groups. Says Raajmangal Prasad, chairperson of Delhi Child Welfare Committee, ''NCPCR does not have the mandate to send the draft directly to states unless it is its own initiative. The ministry had commissioned NCPCR to draft the bill and it cannot wash its hands of the matter.'' Prasad is also critical of the ministry's secretive ways of drafting legislation.
TOI had quoted Aparna Bhat, an SC lawyer who was part of the drafting committee, as saying that the decision to lower the age of consent for minors was aimed at decriminalizing sexual exploration by children.
Times of India
Sexual offences bill: Govt talks of 2 versions
CHENNAI/NEW DELHI: The ministry of women and child development denied a TOI report that the draft Protection of Children from Sexual Offences Bill, 2010, proposes to permit consensual non-penetrative sex between 12-year-olds. It said the report seems to be quoting provisions of a draft prepared by the National Commission for Protection of Child Rights.
In its clarification, the ministry said the draft put up before the cabinet has the age of consent at 16. The proviso to Section 3 of the draft sent to states clearly mentions 16 as the age of consent for any sexual act and in any case of penetrative sexual assault on a child between 16 to 18 years of age, it has to be considered whether consent was taken, it said.
According to TN government sources, NCPCR had earlier recommended lowering the age of consent to 12 years and this was subsequently circulated to various states by the ministry of women and child development. But this version has since been superseded by another draft which retains the age of consent between 16 to 18 as under the Indian Penal Code. It is this draft which has, after consultations with the ministry of law, been sent for cabinet approval.
The move to circulate the draft which lowers the age of consent to 12 has, however, been criticized by child welfare groups. Says Raajmangal Prasad, chairperson of Delhi Child Welfare Committee, ''NCPCR does not have the mandate to send the draft directly to states unless it is its own initiative. The ministry had commissioned NCPCR to draft the bill and it cannot wash its hands of the matter.'' Prasad is also critical of the ministry's secretive ways of drafting legislation.
TOI had quoted Aparna Bhat, an SC lawyer who was part of the drafting committee, as saying that the decision to lower the age of consent for minors was aimed at decriminalizing sexual exploration by children.
February 1, 2011
1.2.11
Times of India
Bill seeks to let 12-yr-olds have non-penetrative sex
CHENNAI: Twelve-year-old children will be legally permitted to have non-penetrative sex with children their age, according to a draft Protection of Children From Sexual Offences Bill, 2010, that has been sent to states by the ministry of women and child development for their views.
The Bill also seeks to introduce a gradation in the age of consensual non-penetrative sex (12-14 years and 14-16 years) against the existing age of consent for sex which is 16 years. It proposes that in case of the age group 12-14, the maximum age gap between partners should be two years. For the 14-16 group, the maximum gap should be three years.
The age of consent in the US is between 16 and 18 years, depending on the state they live in; in the UK it is 16. Spain has one of the lowest ages of consent, at 13 years.
While a senior official of the ministry of women and child development confirmed that the Bill has been sent to state governments, law minister Veerappa Moily said he was not aware of it. ``Twelve years is anyway not a proper age for a sexual act,`` he told TOI.
Section 3 of the proposed Bill lists under exceptions of unlawful sexual act with a child:
(i) Any consensual non-penetrative sexual act penalised by this chapter is not an offence when engaged in between two children who are both over 12 years of age and are either of the same age or whose ages are within two years of each other.
(ii) when engaged in between two persons who are both over 14 years of age and are either of the same age or whose ages are within three years of each other
The Bill will soon be sent to the cabinet, after which a parliamentary standing committee will scrutinise it. Suggestions and objections from the states will be considered then, said a senior official at the ministry of women and child development.
The law ministry too has been working on a similar Bill with an identical name, in which the age of consent is mentioned as 16 years, with no gradation as suggested by the new Bill. The circulation of two Bills with the same title has created confusion in the government.
Opinion on the minimum age are divided. Aparna Bhat, a Supreme Court lawyer who was part of a National Commission for Protection of Child Rights group that drafted the latest Bill said the gradation of age down to 12 years was to decriminalise sexual exploration by two children.
Under the existing law, if two 12-year-olds get physical and if one childs parent complains, the other can be pulled up by the Juvenile Justice Board. The panel felt such minor things should be decriminalised, she said.
Raaj Mangal, chairperson of Delhi Child Welfare Committee said the Bill could prove ``disastrous`` if it comes into effect. ``Twelve, given the mind and maturity of a child, is not an age to give consent, be it penetrative or non-penetrative sex. In the name of decriminalising, you can`t keep sexual acts between children out of the notice of the authorities,`` said Mangal.
Former CBI director RK Raghavan felt the attempt to draw a distinction between an act involving penetration and one not involving penetration will create confusion in the minds of investigators. ``Disputes regarding the age of the offender or the victim, which will be many, will dilute the objective of protecting children,`` he said.
Some others like Nina Nayak, chairperson of Karnataka State Commission for the protection of child rights, called the Bill ``absolutely unacceptable``. ``The Juvenile Justice Board is anyway lenient to children in conflict with law. Even if a minor rapes a minor, the child in conflict with law is just admonished and sent. There is no need of a new law to make sexual acts between children permissible,`` she said.
Times of India
Bill seeks to let 12-yr-olds have non-penetrative sex
CHENNAI: Twelve-year-old children will be legally permitted to have non-penetrative sex with children their age, according to a draft Protection of Children From Sexual Offences Bill, 2010, that has been sent to states by the ministry of women and child development for their views.
The Bill also seeks to introduce a gradation in the age of consensual non-penetrative sex (12-14 years and 14-16 years) against the existing age of consent for sex which is 16 years. It proposes that in case of the age group 12-14, the maximum age gap between partners should be two years. For the 14-16 group, the maximum gap should be three years.
The age of consent in the US is between 16 and 18 years, depending on the state they live in; in the UK it is 16. Spain has one of the lowest ages of consent, at 13 years.
While a senior official of the ministry of women and child development confirmed that the Bill has been sent to state governments, law minister Veerappa Moily said he was not aware of it. ``Twelve years is anyway not a proper age for a sexual act,`` he told TOI.
Section 3 of the proposed Bill lists under exceptions of unlawful sexual act with a child:
(i) Any consensual non-penetrative sexual act penalised by this chapter is not an offence when engaged in between two children who are both over 12 years of age and are either of the same age or whose ages are within two years of each other.
(ii) when engaged in between two persons who are both over 14 years of age and are either of the same age or whose ages are within three years of each other
The Bill will soon be sent to the cabinet, after which a parliamentary standing committee will scrutinise it. Suggestions and objections from the states will be considered then, said a senior official at the ministry of women and child development.
The law ministry too has been working on a similar Bill with an identical name, in which the age of consent is mentioned as 16 years, with no gradation as suggested by the new Bill. The circulation of two Bills with the same title has created confusion in the government.
Opinion on the minimum age are divided. Aparna Bhat, a Supreme Court lawyer who was part of a National Commission for Protection of Child Rights group that drafted the latest Bill said the gradation of age down to 12 years was to decriminalise sexual exploration by two children.
Under the existing law, if two 12-year-olds get physical and if one childs parent complains, the other can be pulled up by the Juvenile Justice Board. The panel felt such minor things should be decriminalised, she said.
Raaj Mangal, chairperson of Delhi Child Welfare Committee said the Bill could prove ``disastrous`` if it comes into effect. ``Twelve, given the mind and maturity of a child, is not an age to give consent, be it penetrative or non-penetrative sex. In the name of decriminalising, you can`t keep sexual acts between children out of the notice of the authorities,`` said Mangal.
Former CBI director RK Raghavan felt the attempt to draw a distinction between an act involving penetration and one not involving penetration will create confusion in the minds of investigators. ``Disputes regarding the age of the offender or the victim, which will be many, will dilute the objective of protecting children,`` he said.
Some others like Nina Nayak, chairperson of Karnataka State Commission for the protection of child rights, called the Bill ``absolutely unacceptable``. ``The Juvenile Justice Board is anyway lenient to children in conflict with law. Even if a minor rapes a minor, the child in conflict with law is just admonished and sent. There is no need of a new law to make sexual acts between children permissible,`` she said.
January 28, 2011
26.1.11
Times of India
Similar crime, varying verdicts in apex court - Despite Precedent, Spares Rapist-Killer Noose
New Delhi: The Supreme Court overcame a precedent in Dhananjoy Chatterjee, an apartment security guard sentenced to death for raping and killing a school girl, to reject capital punishment for a Gujarat watchman convicted in an identical case.
In 1994, the court had awarded the death penalty to Chatterjee, a 27-year-old married man, for the rape and murder of 18-year-old Hetal Parekh in her flat when her parents were away. The court rejected his mercy plea 10 years later and he was hanged in 2004.
Employed as a watchman at Sanudip Apartments in Surat, 28-year-old Ramesh Bhai Chandubhai Rathod was also married when he raped and murdered a 10-year-old class IV school girl when her parents were away on December 17, 1999. His conviction was upheld by the Supreme Court.
But, on punishment—life or death sentence—a bench of two judges was split. The issue was placed before a three-judge bench, which on Monday decided against death penalt and Rathod was given lifeand ordered that Rathod be lodged in jail for the rest of his life.
Was Rathod’s case any different than Chatterjee’s? If it was not and the crime appeared to be more brutal than the Kolkata one, why the difference in the sentence?
The bench of Justices H S Bedi, P Sathasivam and Chandramauli Kumar Prasad considered these questions and said: “We notice that there is a very thin line on facts which separates the award of a capital sentence from a life sentence in the case of rape and murder of a young child by a young man and the subjective opinion of individual judges as to the morality, efficacy or otherwise of a death sentence cannot entirely be ruled out.”
On Rathod’s sentence, the bench said: “We commute the death sentence awarded to him to life but direct that the life sentence must extend to the full life of the appellant subject to any remission or commutation at the instance of the government for good and sufficient reasons.”
Times of India
Similar crime, varying verdicts in apex court - Despite Precedent, Spares Rapist-Killer Noose
New Delhi: The Supreme Court overcame a precedent in Dhananjoy Chatterjee, an apartment security guard sentenced to death for raping and killing a school girl, to reject capital punishment for a Gujarat watchman convicted in an identical case.
In 1994, the court had awarded the death penalty to Chatterjee, a 27-year-old married man, for the rape and murder of 18-year-old Hetal Parekh in her flat when her parents were away. The court rejected his mercy plea 10 years later and he was hanged in 2004.
Employed as a watchman at Sanudip Apartments in Surat, 28-year-old Ramesh Bhai Chandubhai Rathod was also married when he raped and murdered a 10-year-old class IV school girl when her parents were away on December 17, 1999. His conviction was upheld by the Supreme Court.
But, on punishment—life or death sentence—a bench of two judges was split. The issue was placed before a three-judge bench, which on Monday decided against death penalt and Rathod was given lifeand ordered that Rathod be lodged in jail for the rest of his life.
Was Rathod’s case any different than Chatterjee’s? If it was not and the crime appeared to be more brutal than the Kolkata one, why the difference in the sentence?
The bench of Justices H S Bedi, P Sathasivam and Chandramauli Kumar Prasad considered these questions and said: “We notice that there is a very thin line on facts which separates the award of a capital sentence from a life sentence in the case of rape and murder of a young child by a young man and the subjective opinion of individual judges as to the morality, efficacy or otherwise of a death sentence cannot entirely be ruled out.”
On Rathod’s sentence, the bench said: “We commute the death sentence awarded to him to life but direct that the life sentence must extend to the full life of the appellant subject to any remission or commutation at the instance of the government for good and sufficient reasons.”
January 23, 2011
21.1.11
Times of India
Delhi again country’s rape capital
With 182 Rapes In 09,Mumbai 2nd On List
New Delhi: Delhi has never been very safe for women, and this is not just a perception.The crime figures for the national capital as compared to other cities in India for 2009 reveal that almost one-fourth of the rapes were reported from Delhi.Similarly,over one-third of kidnappings\abductions of women happened in Delhi,15% of dowry deaths and 14% of molestation cases.
The figures released by the National Crime Records Bureau (NCRB) of the home ministry on Thursday,show among 35 mega cities in India, Delhi reported 404 out of 1,696 rapes;1,379 out of total 3,544 of kidnapping and abduction of women,104 out of 684 of dowry deaths and 491 out of 3,477 of molestation during the period.
Among the states,the dubious distinction of the rape state has gone to Madhya Pradesh which had reported the highest number of rape cases (2,998),accounting for 14% of total such case reported in the country.
But if one looks at the figures of Incest Rape (that is rape by someone in the family),Chhattisgarh reported the highest number in all,107.
Incest rape cases have increased by 30.7%from 309 cases in 2008 to 404 cases in 2009 as compared to 0.3% decrease in overall rape cases.Crime experts say the highest number of rapes in the country is incest rapes,although they are often not reported.
Besides Delhi,the other cities which reported rapes in bigger number are Mumbai (182),Bhopal (117),Jabalpur (76),Jaipur (69) and Pune (67).Incidentally,most of the rapes were committed by those offenders who knew the victims.Overall,21,21,345 of the IPC cases (which include violent crimes like murder,attempt to murder,rape,culpable homicide not amounting to murder etc.) were reported in the country in 2009 as compared to 20,93,379 cases in 2008a marginal increase.
Among the cities,Delhi,Bangalore and Mumbai have accounted for 13.2%,9.4% and 9.1% respectively of the total crimesover one-third of the total crimes reported from 35 mega cities.
Times of India
Delhi again country’s rape capital
With 182 Rapes In 09,Mumbai 2nd On List
New Delhi: Delhi has never been very safe for women, and this is not just a perception.The crime figures for the national capital as compared to other cities in India for 2009 reveal that almost one-fourth of the rapes were reported from Delhi.Similarly,over one-third of kidnappings\abductions of women happened in Delhi,15% of dowry deaths and 14% of molestation cases.
The figures released by the National Crime Records Bureau (NCRB) of the home ministry on Thursday,show among 35 mega cities in India, Delhi reported 404 out of 1,696 rapes;1,379 out of total 3,544 of kidnapping and abduction of women,104 out of 684 of dowry deaths and 491 out of 3,477 of molestation during the period.
Among the states,the dubious distinction of the rape state has gone to Madhya Pradesh which had reported the highest number of rape cases (2,998),accounting for 14% of total such case reported in the country.
But if one looks at the figures of Incest Rape (that is rape by someone in the family),Chhattisgarh reported the highest number in all,107.
Incest rape cases have increased by 30.7%from 309 cases in 2008 to 404 cases in 2009 as compared to 0.3% decrease in overall rape cases.Crime experts say the highest number of rapes in the country is incest rapes,although they are often not reported.
Besides Delhi,the other cities which reported rapes in bigger number are Mumbai (182),Bhopal (117),Jabalpur (76),Jaipur (69) and Pune (67).Incidentally,most of the rapes were committed by those offenders who knew the victims.Overall,21,21,345 of the IPC cases (which include violent crimes like murder,attempt to murder,rape,culpable homicide not amounting to murder etc.) were reported in the country in 2009 as compared to 20,93,379 cases in 2008a marginal increase.
Among the cities,Delhi,Bangalore and Mumbai have accounted for 13.2%,9.4% and 9.1% respectively of the total crimesover one-third of the total crimes reported from 35 mega cities.
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