CHILD ABUSE INDIAN CONSTITUIONAL ACT
ABSTRACT
Child abuse is a prevalent occurrence in every society. Any harmful conduct towards a child, be it initiated by an adult or a minor, is regarded as child abuse. Child maltreatment may refer to any form of physical, emotional or sexual harm inflicted on a child. While child abuse is often characterized by a specific action, children can also be negatively impacted by instances of neglect, which involve inaction. The present investigation makes a humble effort to understand child maltreatment and its various forms. Included in this study are both the impacts of child abuse and strategies for minimizing its occurrence. It is the responsibility of society to carry out preventive initiatives aimed at fostering the growth and development of children, particularly within families and educational institutions.
INTRODUCTION
The maltreatment and neglect of children is defined by both federal and state laws. State legislation can outline the definitions of child abuse and neglect in both civil and criminal aspects. This paper offers explanations of civil terms that validate the participation of government child protection organisations.
The CAPTA, a federal act on Child Abuse Prevention and Treatment, defines child abuse and neglect as any recent act of a caretaker resulting in serious harm or an imminent risk of harm to a child. Essentially, mistreatment of a child constitutes abuse. It is possible for the abuse to manifest in different ways, such as sexual, emotional, or physical. The acts of child exploitation and neglect are other terms used to describe this type of abuse, which involve a failure to provide a child with adequate care.
In simpler terms, child abuse refers to any conduct, conduct, or nonverbal actions that inflict significant harm on a child, coming from an adult or a child. It may manifest as physical, sexual, or emotional mistreatment, but it is equally probable that it stems from a deficiency of tenderness, concern, and mindfulness. The act of mistreating or neglecting a child, also known as child abuse or maltreatment, encompasses any form of physical or emotional harm, sexual abuse, neglectful actions, or mistreatment for financial gain. Such mistreatment can have negative effects on a child’s health, survival, development, or self-worth in situations where there is a relationship of responsibility, trust, or authority. This definition was provided by WHO in 2002.
TYPES OF CHILD ABUSE
PHYSICAL ABUSE
In nearly 44 states, such as American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands, harmful actions or situations that endanger children are considered forms of abuse according to their definitions. These may involve activities that put the child in danger or significantly increase the risk of harm. In general, physical abuse refers to causing unintentional physical harm to a child, such as hitting, kicking, burning, biting or other actions that cause physical incapacitation. Physical abuse of a child is recognized as any harm resulting from hitting, beating, kicking, biting, burning, or other physical actions.
According to the American Humane Society, physical abuse is the most evident form of mistreatment of children. Such abuse includes actions like punching, kicking, biting, shaking, tossing, stabbing, choking, striking with items such as a hand, stick, or strap, burning, or any other injury-causing activity which can result in a range of damage to a child’s physical well-being – from minor bruising to severe fractures or even death. Even if the intention of the caregiver was not to cause harm to the child, any such injuries are considered to be a form of abuse.
Moreover, children being raised by single mothers or facing disabilities are more prone to encountering physical abuse. Also, a child brought up in a destitute environment or an atmosphere rife with domestic violence has an increased chance of facing violent acts. Likewise, a similar scenario arises when a child is raised alongside an adult who is not related to them or in a family unit with multiple offspring
SIDE EFFECTS OF PHYSICAL ABUSE
The immediate and long-term effects of physically abusing children are significant. The child could face physical distress, health complications, and in severe cases, risk mortality. Unlike the bruises and cuts resulting from physical abuse such as whipping, punching, kicking, and strangling, the psychological anguish can linger for much longer even after the physical wounds have healed. The extent of the damages or lasting consequences is contingent upon the age of the child at the time of experiencing abuse. The chances of infants developing persistent health complications like tremors, irritability, fatigue, and vomiting attributable to neurological damage are most probable if they’ve undergone physical abuse. Lifelong seizures, permanent blindness or deafness, lasting paralysis, cognitive impairments, and even more grave consequences.
Studies indicate that there is a correlation between physical abuse, depression, and violent conduct. However, the nature of this link seems to vary based on gender disparities, as reported by Scarpa, Haden, and Abercromby in 2010. It appears that the responses of males and females to trauma differ, as males tend to exhibit more antisocial behaviors while females tend to withdraw more. Multiple studies (Gover & Mackenzie, 2003; Hill, 2003; Kilpatrick et al., 2003, as cited in Scarpa, Haden, & Abercromby, 2010) indicate that physically abusing children is a strong predictor of symptoms associated with depression.
It is important to examine the relationship between depression and childhood trauma as dealing with depression can have a significant impact on an individual’s emotional wellbeing and career prospects. Even after their physical wounds have fully recovered, children who have been victims of physical abuse may continue to suffer the consequences. Experiencing physical harm or mistreatment as a child can lead to various negative physical and mental health consequences later on, such as depression, anxiety, eating disorders, conduct disorders, substance abuse, suicidal tendencies, obesity, sexually transmitted diseases, and engaging in unsafe sexual practices.
EMOTIONAL ABUSE
A kid being subjected to emotional abuse or mental harm is defined specifically in around 33 States. According to popular opinion, abusive words and emotional abuse may seriously harm a child’s mental health or emotional growth. It involves actions or ways of acting that harm a child’s emotional growth or feeling of self-worth. This could entail unrelenting criticism, threats, or rejection, as well as withholding support, affection, or direction. Since it might be challenging to establish emotional abuse, getting involved could be challenging. When other types of abuse are discovered, emotional abuse is nearly always present.
The most typical type of child maltreatment is called by other names, such as psychological or verbal abuse.Constant antagonism, rejection, mocking, bullying, screaming, criticism, and exposure to domestic violence are only a few examples.Emotional and physical abuse both have negative effects that are equally damaging.
SIDE EFFECTS OF EMOTIONAL ABUSE
Emotional abuse is often perceived as less detrimental than other forms of abuse because it does not cause an immediate physical impact. As time passes, emotional abuse can leave severe and enduring effects on a child’s physical, social, and emotional well-being and growth. Children who are subjected to emotional abuse by caregivers such as parents, siblings or neighbors may engage in dangerous behaviors such as theft, aggression, and running away from home.
Experiencing emotional abuse can potentially elevate the risk of developing mental health challenges, self-inflicted harm behaviors and disorders related to eating habits. Numerous research has shown a robust correlation between language, emotional abuse, and eating disorders. If emotional abuse goes unchecked as the child grows, its consequences may become increasingly serious. Teenagers who have faced prolonged emotional abuse are at a higher risk of harming themselves, including self-injury, and encountering additional psychological problems. Emotional abuse can impede a child’s ability to focus, express, and regulate emotions in a suitable manner, thus affecting their emotional intelligence.
Children who frequently experience an environment where they are subjected to constant criticism and belittling may encounter difficulties related to feelings of insecurity, inadequacy, and anger. A significant problem associated with emotional abuse or lack of parental affection towards children is the challenge they face in forming and sustaining meaningful relationships with others. Individuals who experienced mistreatment during their childhood often exhibit lower levels of life satisfaction in comparison to those who were not subjected to abuse.
SEXUAL ABUSE
Most legal definitions of sexual abuse include sexual exploitation as a component. Sexual exploitation includes allowing the child to engage in prostitution or in the production of child pornography. In 36 states, the definition of sexual abuse includes the trafficking of people for sexual purposes, including sex trafficking.
The use of a child for sexual stimulation by an adult or older adolescent who is in a position of accountability, trust, or control is known as child sexual abuse. CSA refers to improper touching or interactions between a youngster and an older or more experienced child or adult (stranger, sibling, parent, or carer), where the younger child or adult is using the younger child or adult as a method of gratifying their own wants. Such interactions or encounters are used against the kid and involve the use of force, lies, bribery, threats, or demands.
In situations where adults or kids who are sufficiently older than the victim to have greater strength and power seek sexual gratification through those who are developmentally immature, child sexual abuse (CSA) is defined as the misuse of power and authority combined with force or compulsion that results in the misuse of children and where, as a result, consent from the victim is a non-concept. Such satisfaction might come from overt sexual behaviour or from repeated, improper behaviour that doesn’t include physical contact. Sexually objectionable behaviour includes exposing a kid to sexual circumstances or content, regardless of whether any contact takes place. There are two sorts of child sexual abuse.
These are referred to as contact abuse and non-contact abuse.Abuse in which an individual physically makes contact with a child is known as contact abuse. The act of engaging in sexual activity with a child comprises of both clothed and unclothed scenarios, involving the insertion of any body part or object into their mouth, vagina or anus, thus constituting rape or penetration. Persuading or forcing a minor to partake in sexual conduct. Coercing a young person to take off their clothes, interact with someone else’s genitals, or masturbate.
Non-physical forms of mistreatment such as indecent exposure, manipulation, taking advantage, persuading minors to participate in sexual online activities, and actions that do not involve physical contact are referred to as non-contact abuse.
There are different kinds of conduct that constitute this, such as:
• permitting a child to observe or hear sexual conduct;
• neglecting to adequately protect a child from witnessing sexual conduct
After enticing children with the goal of sexually abusing them, you encounter the children. Taking, accessing, and sharing images of child abuse are different types of abuse experienced in the digital realm. Taking, sharing, or distributing images depicting the sexual abuse of a minor with consent from another party to expose the child to pornography is a form of exploitation. Child exploitation involves using a child for the purpose of sexual gratification, gaining status, or financial gain.
SIDE EFFECTS OF SEXUAL ABUSE
It classifies sexual assault as a medical condition that affects the nervous system and emphasizes how its negative impact on people who experience it can persist for a long time. Child sexual abuse can result in various negative outcomes such as depression, eating disorders, post-traumatic stress disorder and reduced ability to handle stressful situations or manage emotions. The effects of child sexual abuse may run deeper, possibly resulting in irreversible harm to the brain’s function.
Sexual abuse can lead to several adverse outcomes, including dissociation, impaired recollection, and reduced social competence. Frequently, sexual abuse results in self-directed harm, such as self-accusation, self-injury, and even fatality. The research conducted by Calder (2010) revealed that individuals who were sexually abused during childhood had a greater likelihood of contemplating suicide in the future, with more than double the rate of those who did not experience sexual abuse.
If childhood sexual abuse is not reported, it can significantly impact a person’s outlook on sexual behaviors and relationships. Children who undergo sexual abuse may encounter medical consequences such as contracting sexually transmitted infections or becoming pregnant. Further to the significant mental and emotional distress inflicted by the mistreatment, these bodily symptoms are also evident. The range of physical consequences experienced by minors who have been subjected to sexual abuse can include pregnancy as well as ailments that are transmitted sexually.
The physical symptoms mentioned above are further aggravating the already severe emotional and mental damage inflicted by the abusive behavior. The individual responsible for committing sexual abuse may cause the victims to experience shame and guilt, making them believe that the assault is a result of their own actions.
The likelihood of the child disclosing the abuse may diminish due to the shame and guilt they endure as a consequence of it. Several individuals repress childhood memories due to the abuse, leading to the oblivion of some events. Posttraumatic stress disorder may lead to negative consequences as well. If child abuse remains unreported, undiscovered, or if the appropriate care and assistance is not provided, its devastating impacts can persist throughout a child’s lifetime.
PREVENTION AND MANAGEMENT
Klein and Goldston’s 1977 essay bore the thought-provoking title of “An Idea Whose Time Has Come”. Primary prevention can greatly enhance children’s comprehension of child abuse. Educating children is one of the most essential preventive measures, with families and schools playing a crucial part in this endeavor. It is commonly accepted that the family serves as a child’s primary educational institution. The primary caregivers, such as parents, have a profound influence on the lives of children. It is the responsibility of parents to educate their children on the various forms of abuse.
Educational institutions are responsible for an essential obligation that cannot be neglected. It is essential to include measures to prevent child abuse in school programs. Each year, millions of schoolchildren are reached by preventive programs in actuality. More than 90% of school districts offer assistance to students who may face challenges in their academic performance. Between 72% to 77% of districts provide courses aimed at addressing topics such as tobacco and alcohol use, drug abuse, nutritional habits, and physical activity. Effective management of child abuse involves the provision of care for children who have been subjected to mistreatment by medical and mental health professionals.
It is the responsibility of both paediatricians and hospital administrative personnel to ensure that abused children receive proper identification and care, with particular emphasis on the emergency room as the crucial point of first contact. When obtaining a medical history, one should document specific factors such as when the injury occurred and when the patient arrived for treatment, the correlation and coherence of the patient’s account, the relationships between the child and caregivers or staff, previous medical visits, any siblings who have received medical care, and a review of the database for child protection listings.
Striving to prioritize the protection and health of the child: The hospital as a sanctuary. If a physician deems that a child’s safety is at risk within their own home, it is wise to relocate them to a safer environment. In the immediate future, hospitals could potentially offer a safe setting. The law plays a critical role in protecting children and promoting their safety. The Indian government has put forth exclusive laws that aim to foster the welfare and safeguarding of children, falling under the category of public law. In summary, 14 of Articlethe Indian Constitution guarantees equality before the law and equal protection of the laws to all persons within India’s territory. However, Article 15(3) allows for special provisions to be made for women and children.
Additionally, Article 21A mandates free and mandatory education for children aged six to fourteen. Finally, Article 23 prohibits forced labor and human trafficking. Article 24 prohibits the employment of children below the age of fourteen in hazardous occupations like factories and mines. Article 39 emphasizes the protection of the health and wellbeing of workers, including children, and the avoidance of forcing citizens to engage in work that is not appropriate for their age or physical abilities. It is crucial to provide a conducive and peaceful environment for children to grow up with dignity and freedom, with access to the necessary resources for healthy development. As per the provisions of Article 45, the state is obligated to strive towards ensuring early childhood care and education for all children, until they reach the age of six. Amendment 86 acknowledges the privilege of accessing education, while Article 46 safeguards marginalized demographics against discrimination and unfair treatment.
The 2015 POCSO Act aims to safeguard minors against sexual offenses like sexual harassment, assault, and pornography. If committed by a person in control or holding a position of authority over the child, such as a public servant, police officer, or security force member, the offense is considered “aggravated.”
CONCLUSION
Child maltreatment is the term used to describe the mistreatment of any individual who is below the age of 18 years. Any action that results in significant harm to a child, initiated by an adult or a minor, is regarded as child abuse. The problem of child abuse is significant worldwide. The dreadful outcome of mistreating children is severe. Child maltreatment can be categorized into four primary forms. Child abuse, consisting of neglect, sexual assault, physical assault, and emotional assault, can result in a variety of negative consequences.
These may manifest as social, emotional, cognitive, and educational difficulties, ultimately leading to the possibility of suicide. In addition, these issues may encompass undesirable conducts, such as self-injury, as well as a diminished sense of self-worth. However, it is possible to take essential measures to prevent child abuse. When aiming to increase awareness of child abuse among young children, working adults should focus their efforts on schools.
Training programs such as Good Touch, Bad Touch, assertiveness training, and body part awareness can be effective tools in promoting awareness about child abuse. It is necessary for parents to educate their children about the repercussions of child abuse. Experts in the field of mental health for children and teenagers can provide support to aid in the recovery of individuals who have experienced child abuse. Furthermore, there exist legal mandates and policies safeguarding minors from all forms of mistreatment. These rules provide a safe setting for youngsters.
