Muzaffarpur shelter home rapes: Of abuse and vulnerable children     

The report of sexual abuse of 34 inmates at a shelter home in Muzaffarpur, Bihar, has sent shock waves across the country and has once again highlighted the dismal condition of places where children are supposed to be provided shelter and care that they had been deprived of. Instead, it has been discovered that many of these homes have been misusing the facilities and treating the children to such abuse that they leave these premises even more traumatised.

This is more appalling since rules for protection of children are unambiguous and the laws to punish offenders are stringent. These range from simple to rigorous imprisonment for varying periods and there are also provision for fines. The offence is further aggravated if the offender has been entrusted with the care of the child and has misused that position, such as police officers, security force personnel or public servants.

Punishment for the offences have also been clearly laid down with the quantum of punishment. Even the offences have been listed in great detail and much hard work has gone into framing of these rules.

The Protection of Children Against Sexual Offences Act of 2012 also provides for setting up of special courts to try the cases, keeping the best interests of the children as the paramount aim at every stage of the process. Even the intent to commit an offence, even if unsuccessful, is subject to penalties under the law. It also provides for punishment for abetment to the crime that is the same as the offence. This has been incorporated to cover trafficking of children for sexual purposes. It also provides for redressal for heinous offences like aggravated sexual assault where the burden of proof has shifted to the accused. This is in keeping with the greater vulnerability and innocence of children. There are also provisions for making false complaints.

To further protect the children, the media have been barred from revealing the identity of the child and a breach of it would invite punishment. The Act also provides for speedy trial and recording of evidence within 30 days.

Special Juvenile Police Units have also been required to make immediate arrangements for taking care and protection of the child in a shelter home or hospital. They are also required to report the natter to the Child Welfare Committee within 24 hours.

UNICEF has listed violence against children as ‘physical and mental abuse and injury, neglect and negligent treatment, exploitation and sexual abuse.’ And such violence ‘may take place in homes, orphanages, residential care facilities, in the work place, in prisons and in places of detention’. It noted that such violence can affect the normal development of the child, impairing their mental, physical and social wellbeing. In extreme cases, it says, such abuse can even result in death. WHO has done the same. Exploitation of children for commercial or other purposes or where a child is used for some form of labour, or other activity that is beneficial for others have also been made a cognizable offence. Child prostitution and labour have been included in this category.

But the report of the Union Ministry of Women and Child Development for 2007 on child abuse says that 110 million girls and 73 million boys under the age of 18 have been subjected to forced sexual intercourse or other forms of sexual violence. In 2002, there were 53,000 reported cases of child homicide.

A Global School’s Student Health Survey has found that 20 per cent and 65 per cent of school-going children were reported to have been verbally or physically bullied in the previous 30 days. An ILO study has estimated that there were 218 million children engaged in labour and of these 126 million were engaged in hazardous industries.

Societal and cultural biases have contributed to the crisis and the neglect of the girl child at home is still common. In getting attention in the family, getting food, in household work and looking after siblings, boys get preferential treatment while 75 per cent of the girls have reported having been neglected by family members. So much so that 48 per cent of girls said they wished they were boys.

Societal poor health, neglect, etc. have all been recognised as various infringements in the Indian penal system but the law does not protect children from abuse at home and, as a result, they suffer from mental and physical harm and have traumatic experiences later. It was to check these that the Integrated Child Protection Scheme was launched. All these have been good intentioned and good on paper but in reality various forms of discrimination continue even in the most enlightened of homes.

The setting up of child care homes that have been variously defined as Children’s Home, Open Shelter, Observation Home, Special Home, Place of Safety and Specialised Adoption Agency have gone a long way in ensuring that children are given due care and affection.

However lofty these endeavours may have been, the ground reality is somewhat different. According to one estimate, 20 million children end up in institutions and residential care and though some are orphans, most are not.

They also end up there because either their parents cannot support them or they are classified as ‘juveniles in conflict with the law’ who need to be housed separately. Street children, those rescued from trafficking for labour and runaway kids, are all placed in these institutions. These might be government run or are run by private charities or religious bodies.

The abuse of children in some of these institutions also makes for disturbing reading. In the first half of 2012, eight institutions in different parts of the country reported abuse of children and the perpetrators were members of the staff, older children and outsiders including policemen.

In the aftermath of the shocking Nirbhaya case in Delhi, the Justice Verma committee that was set up to look into such cases expressed particular concern over the plight of children in these residential care institutions.

But, we must not throw the baby out with the bath water. Institutional care is a critical component of the continuum of care that children in difficult circumstances need. Given these horrific incidents that have been highlighted in the media, we should not feel hopeless.

As someone who has run a home for orphan children for over two decades, I know it is possible to provide quality care and a loving environment. There are many such institutions who continue to do this.