CHILD Protection & Rights > Child Protection Issues.

International and national framework against Child Sexual Abuse and Child Sexual Exploitation.

International framework

The Convention on the Rights of the Child (1989). The Convention calls to protect children from all forms of sexual exploitation and abuse, including exploitative use in prostitution and pornography (Article 34).

The Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (2000). The Protocol further refines the UN CRC provisions. It insists on the criminalization of child prostitution and pornography (Article 3.1).

The International Labor Organization’s Convention 182 (1999). The convention defines sexual exploitation as one of the worst forms of child labor.

The Convention on the elimination of all forms of discrimination against women (CEDAW) (1979). Countries that have ratified this convention are legally bound to take appropriate measures against the commercial sexual exploitation of women. It applies also consequently to the girl child.

The SAARC Convention on Prevention and Combating the Trafficking in Women and Children for Prostitution.
The convention aims at promoting cooperation amongst member states to effectively deal with various aspects of prevention, prohibition and suppression of trafficking in women and children; repatriation and rehabilitation of victims of trafficking and preventing the use of women and children in international prostitution networks, particularly where the SAARC member countries are the countries of origin, transit and destination.

National framework
The law in India only recognizes certain kinds of sexual abuse as an offence and there is no special offence for sexual abuse of a child by his or her relative.

The forms of child sexual abuse recognized by the Indian Penal Code are:
- Outraging the Modesty of a woman or a girl (Section 354).

- Rape (Section 376). [Rape as defined in the IPC is when a man has sexual intercourse with a woman:
• Against her will or without her consent.
• With or without her consent if she is under 16 years of age.
• When she is his wife and is under fifteen years of age.]

- Sodomy or Unnatural Offences (Section 377).
The maximum punishment for rape is 7 years imprisonment but when the girl is under 12 or where the rapist is a person in authority (in a hospital, children’s home, a police station etc.), the punishment is greater.
Although forcible sex with a boy is an act of rape, the rape law of the country under IPC does not cover it. There is no special legislation to cover sexual molestation and other forms of abuse of boys, but Section 377 of IPC deals with it as ‘unnatural offences’.

The Immoral Traffic (Prevention) Act, 1956.
This act covers both the sexes exploited sexually for commercial purposes and provides enhanced penalties for offences involving children and minors.
Section 3: Stringent action and punishment for keeping a brothel or allowing premises to be used as a brothel;
Section 4: Living on the earnings of prostitution;
Section 5: Procuring, inducing or taking a person for the sake of prostitution;
Section 6: If any person is found with a child in a brothel it shall be presumed, unless the contrary is proved, that he has committed an offence of detaining a person in premises where prostitution is carried on;
Section 6(1B): The punishment consists of imprisonment of either description for a term which shall not be less than 7 years, but which may be for life or for a term, which may extend to 10 years and shall also be liable to fine, with a provision for less than 7 years under special circumstances;
Section 6(2A): A child or minor found in a brothel, on medical examination, detected to have been sexually abused, it shall be presumed, unless the contrary is proved, that the child or minor has been detained for purposes of prostitution or, as the case may be, has been sexually exploited for commercial purposes;
Section 21: Establishment of Protective Homes by the State Government.

The Section 23 of the Juvenile Justice Act, 2000, deals with child abuse:
The section provides for punishment (imprisonment up to six months) for cruelty to child if a person having the charge of /or control over a child causes or procures him/her to be assaulted, or exposed in any manner likely to cause such child unnecessary mental or physical suffering.

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