The Problem of Child Sexual Abuse in India- Laws and Legal Lacuna

Children are the most important assets of the nation because they shape the destiny of the nation as future citizens. The children have a right to protection against any kind of abuse, trafficking and exploitation. Children are easily vulnerable to abuse and exploited by the vested interests since they are tender in their age. Children are abused by their parents, guardians, teachers and other forces within and outside the family. Sexual abuse of children has reached epidemic proportions in India. Majority of perpetrators are male, including classmates, uncles or neighbours and typically are well acquainted with the child. ChildSexual Abuse is a form of child abuse in which an adult or older adolescent who is in a relationship of responsibility, trust or power, uses a child for sexual stimulation. It may interfere with human growth and development and place children at risk for a wide array of mental and emotional disorders. These disorders may include anxiety, depression, anger, suicidality, and personality disorders. The UN Convention on the Rights of the Child called upon the States Parties to take appropriate educational, social, legislative and administrative measures to protect the child from all forms of abuse, maltreatment and exploitation. Article 34 (a) of United Nations Convention on the Rights of the Child enjoins state machinery to prevent the inducement or coercion of a child to engage in any unlawful sexual activity. The national governments have also provided various constitutional provisions, opportunities and facilities to safeguard the interest of children and facilitate their integrated development. The POCSO Act prescribes stringent punishment graded as per the gravity of the offence, with a maximum term of rigorous imprisonment for life, and fine. The rationale behind POCSO is to protect victimization of children, but in fact many times it end up victimizing the child more than protecting him/her.If children, who are survivors of abuse, are not given the right guidance to get over that phase of their life, they may turn out to be individuals who would not be able to realize their fullpotential in so many ways.