Laws Protecting Child from Sexual Abuse and Exploitation in India

Addressing Child Sexual Abuse and Exploitation in India: Legal Reforms, Prevention Strategies, and Social Interventions

Abstract

Procedural innovations, such as the exceptions to the rule of hearsay, use of expert testimony, mandatory reporting laws, delayed discovery statute, expeditious hearings, and appointment of guardian ad litem need to be introduced. Recommendations of the 172 Law Commission Report of the Ministry of law, justice, and company affairs should be accepted and the Indian Penal Code,1860, Indian Evidence Act,1972, and the Criminal Procedure Code,1973 should be accordingly amended to ensure successful prosecution in cases of Child Sexual Abuse and to protect the best interest of the child. Advocacy and lobbying should continue for further amendments and recommendations as child prostitution has to be a priority concern. Rehabilitation is very important to children rescued from the trade. A more critical area is the formulation of a well-thought-out policy that would clearly focus on prevention of child prostitution. The problem of child prostitution has to be addressed not merely through rehabilitation but with greater emphasis on prevention. There are backward villages and districts that are the source areas for traffickers. The brothels in the cities are a symptom of that problem. NGOs working towards rural development should target such poor families that are forced to send their children to earn. The poverty alleviation and development programs should target such families that are at risk.[1] It is necessary that integration be established between various agencies, NGOs at the grass roots and statecity-level NGO networks to ensure a substantial impact on the problems of children in prostitution.