ABSTRACT rights and can they express their rights. Child

ABSTRACT

 

This paper will be exploring how a right of a child is being
deprived and how their rights is being exploited.Child are the future of tomorrow.The main focus of this research
paper would be on sexual exploitation.The law of the  nation,India would be explored, critically
analyzed and evaluated on their working of the law which governs the law.The status
of child exploitation is given a brief description.This research paper will be
outlining the new civil definition of sexual exploitation.In
furtherance  the research will  be stating the facts and figures of
international organization such as UDHR,UNDP etc .Child exploitation’s two main
causes  which are poverty and illiteracy
is researched  and an analyses is given
for them respectively.

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INTRODUCTION

 

Human
right is known to be the real gem of an individual’s life but do a individual
gets their rights and can they express their rights. Child is considered to be
the one of the most vulnerable class in society to be exploited,the innocence
of their mind is pure and it is taken away by the burden of fulfilling
different things for other people’s.

Child abuse consist of all the factors like physical mistreatment,social mistreatment,mental mistreatment of a child, or
neglecting child, looking at the point of view of a relationship of responsibility which resulting in harm to the child . Neglect of a
child could an be evidence for continues misconduct or a single incident or omission that declares,
or should reasonably be expected to result in, serious physical or mental hurt or a substantial risk of death to
the child. Neglect can consist of, but is not limited to, the failure to provide sufficient
food, nutrition, clothing, shelter, supervision and medicine. It could also
comprise of
the failure to make a reasonable effort to provide protection to  a child from abuse, exploitation or neglect by
unknown. Exploitation of a child refers to
the use of the child in work or other activities for the benefit of others and
to the detriment of the child’s physical or mental health, development, and
education. Exploitation includes, but is not limited to, child labour and child
prostitution. Both terms, however, indicate that advantage is being taken of
the child’s lack of power and status.1

 

STATUS OF SEXUAL EXPLOITATION

Child molestation is  the common name for children sexual abuse ,it
is a kind of abuse in which someone
uses a child for
sexual pleasures. DIfferent kind of child sexual abuse include engaging
in sexual simulations with a child.Child
exploitation have different settings, including
at houses,
in schools.Marriage
of a child is known
to be
one of the common sexual abuse
for children and it is still prevalent in countries such as INDIA, UNICEF issued
a statement that child marriage “show
the most ongoing
type of sexual abuse and
exploitation of girl child “.
Effects of child sexual abuse can be devastating and it includes, chronic
depression,traumatic,insomnia,early abortion,slow mental development of brain
are the few to name,the spirit of a child is broken when they are exploited
sexually . A more common example which comes to mind in child sexual abuse
is family relations ,usually child are sexually exploited by their relatives
and they are forced to perform various acts which are humiliating and unethical
.The female child are more prone to sexual exploitation by their elder brothers
or uncles and incest in performed.2

Explaining the factual
side of the spectrum the global prevalence of child sexual abuse has been
estimated at 19.7% for female
and 7.9% for males.Most victims knows their offenders already, approximately
30% are relatives of the child, most often brothers, fathers, uncles, or
cousins;around 60% are other family members,
such as neighbour ,sexual exploitation by
an unknown individual are in approximately 10% of child sexual abuse
cases. Most child sexual abuse is committed by males, studies on female
child molesters show that women commit 14% to 40% of offenses reported against
boys and 6% of offenses reported against girls.

A Pedophile is a person
who is has a strong feeling to exploit a child sexually, young teenagers are
exploited more often .Under the law, child
sexual abuse is often used as an vague term describing
criminal and civil offenses in which an adult engages in sexual activity with
a minor or
exploits a minor for the purpose of sexual gratification.According to Indian law, a child is incapable
of giving consent and if a sexual act is done with consent of a child it will
still amount to sexual exploitation of child, and condemns any such action by
an adult: “An adult who engages in sexual activity with a child is
performing a criminal and immoral act which never can be considered normal or
socially acceptable behavior.”

 

CAUSES OF
SEXUAL EXPLOITATION

 

Poverty
and wide spread unawareness about education of child is the major cause of
child exploitation.With the cases of other families in INDIA their livelihood
depends on the earning of their children, usually economical weaker section
sell their daughter to prostitution . Particularly when living in camp
settings, these traditional wage earners are often unable to find relevant work
in their new environment. Traditional wage earners’ decreased income often
leads families to seek supplementary income from other members. At the same
time, many children, particularly adolescents, have reached an age where they
are physically able to perform the same work as adults. Many are asked to take
on a greater responsibility for the economic survival of their family, or asked
to work for no pay within the home in order to enable other members to work.
This work is often performed by girls, spending long hours doing housework and
minding younger siblings, and is not only performed unnoticed but impacts their
ability to attend school.Girls are deprived from their rights.Which children
work, the kinds of work they do, and their working conditions will be affected
by levels of poverty and social inequalities based on gender, ethnicity, age,
class and caste. As children and adolescents (and their families) make
decisions concerning whether or not to forgo education in favour of work, they
weigh the importance of earning extra income in the present in relation to the
possibility of securing greater income in the future through education. The
availability and relevance of school and vocational training to a child’s
prospects of future work therefore affect this decision. Lack of access to
adequate education may be a contributing factor to why children work, but even
if education is provided, it may not keep all children from working. In most
situations, school terms and school times are not adjusted to fit in with the
pattern of children’s work. Many children and adolescents are solely
responsible for themselves and the economic welfare of their families. Where
schooling is not free, some children may have to work in order to earn money
for their school fees or expenses (e.g. books and uniforms). Poverty and lack
of education are common reasons why children work, but this does not justify
the condoning of labour that is harmful and exploitative. Parents of working
children are often unemployed or underemployed, yet their children are offered
jobs because they accept less pay, are more malleable, and more easily
exploited.

 

 

RIGHTS
SECURED BY VARIOUS ORGANISATION AND INTERNATIONAL BODIES

 

Article
19 of the Convention on the Rights of the Child states that the child has right
to be protected without discrimination, from abuse and neglect ,States parties
shall take all proper legislative actions, administrative actions, social
actions and educational actions to protect child from different kinds of
physical , mental violence, injury , abuse, neglect, maltreatment or
exploitation, including sexual abuse, while in the care of parents, legal
guardians or any other person who has the duty and responsibility to take care
of the child. In other words, the government is completely responsible for the
child’s well being in every place of care such as homes, colleges. When such a
government fails to perform its duty, it deprives the child of access to help,
and it leads to continuation of mistreatment for a long period of time.
Physical coercion  against the child will
lead to child abuse. According to, punitive coporal punishment, either within
the family  and schools is adverse with
the child’s right to physical forthrightness. According to article 37 “no one is allowed to punish children
in a cruel and harmful way”, children who break the law should not be treated
cruelly,they should not be put in prisoners with adults, should be able to keep
contact with their families, or should not he sentenced to death or life
imprisonment without possibility to realize. It was stated by human right
committee that coercion and undue influence should also be included and extends
to phenomenal punishment. In respect with punishments in schools, CRC article
28(2) states that discipline in school should respect children’s dignity. This
includes article 19 which states that children have the right to be protected
from being hurt and mistreated, physically or mentally. Common practices may
need to be rechecked to notice whether they involve any kind of physical or
mental violence. If these practices are beneficial, or harmless then
communities should be boost to continue them in such a way that they maintain
their identity and preserving their culture. However some of the practices are
harmful for the society, well being and development; most often, female section
are the ones which was mainly affected by harmful traditional practices. Basic
examples of the practiced harmful tradition are Female Genital Mutilation and
early Childhood marriage as per the concern of UNHCR. These practices are
internationally condemned due to the grave health risks they may require as
well as the human rights principles being violated. The CRC requires. States to
take all effective and appropriate ways to diminish old practices that puts in danger the well being
of a child
(article 24(3)). It is the responsibility of the States to denounce violence
against women and not invoke any custom, tradition or religious consideration
to avoid their duties with respect to its abolishment. The group which mostly
faces the abuse or are vulnerable to abuse are the Disabled children due to
their difficulties in communication. The UN Standard Rules on the Equalization
of Opportunities of 1994 noted that persons with disabilities are particularly
vulnerable to abuse in the family, community and institutions. The state has
the duty to ensure that the child victims of armed conflicts, torture,
maltreatment receives correct treatment for their physical and psychological
recovert that fosters the health and respect of the child victim as per article
39 of CRC.

 

 

 

 

 

LAWS IN INDIA FOR CHILD SEXUAL EXPLOITATION

 

India is a countries with  dynamic
and vivid culture but they have the problem to child trafficking, human
exploitation and other illegal works.

In India laws governed which gives protection to child sexual
exploitation and punishes the criminals are

 

Goa Children’s Act, 2003, is the only specific piece of child
abuse legislation before the 2012 Act.Child sexual abuse was prosecuted under
the following sections of INDIAN PENAL
CODE:

However, the IPC could not effectively protect
the child due to various loopholes like:

IPC 375 do not protect
male victims or anyone from sexual acts of penetration other than traditional vaginal intercourse.3

IPC 354 does not
gives meaning to 
statutory definition of “modesty”. It carries a weak punishment and is a co

Impound offence. Also, it does not protect the modesty of a male
child.4

In IPC 377,
the term unnatural offences is not defined. It only
applies to victims penetrated by their attacker’s sex act, and is not designed
to criminalize sexual abuse of children.5

 

 

 

 

 

CONCLUSION

 

 

Child are the greatest gift of god, and they are the purest sole and
their innocence is unmatched,but they are exploited by the peopleChild
exploitation is a major problem in India and it is still prevalent and needs a
great awareness and strict government implementation of law to bring a end to
it.Children’s  sexual exploitation has
been a problem for India from the start.

 

 

 

 

Suggestion

 

 

1.       
Child sexual exploitation is a big concern and to stop
it,the parents should have a friendly relationship with the child so the parent
should not hesitate on telling the truth.

2.       
Awareness about the sexual exploitation should be a
great concerned to the government,they should invest more on helping people get
sensitive about the topic by advertisement

3.       
Individually take initiative to stop sexual
exploitation of a child by doing community service and take part in  NGO’s 
which are working for stopping child exploitation

 

1 Beckett,Holmes
D and Walker J. ,Child Sexual Exploitation definition and guide for
professionals,February 2017

2

3 The Indian Penal Code Act,1860,No.377

4
The Indian Penal Code Act,1860,No.375

5
The Indian Penal Code Act,1860,No.345