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The Road to Justice for India’s Sexually Exploited Children

The conviction rate in cases involving sexual exploitation of children is abysmally low in India.

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India
4 min read
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Sexual exploitation of children is one of the worst forms of human rights violations and despite the presence of strong laws in India that criminalise it, the conviction rate is abysmal. Commercial Sexual Exploitation of Children (CSEC) is when a child is forced to engage in a commercial sexual act such as prostitution. A report titled ‘The Road To Justice’ commissioned by Free A Girl and executed by Tata Institute of Social Sciences sheds light on the reason behind the low conviction rate in CSEC cases and also makes recommendations on how to address this problem.

Sample this: According to the report, in the year 2016, out of a total of 45,498 cases registered under the POCSO (Prevention of Children from Sexual Offences) Act 2012, merely 2,888 resulted in convictions. That’s nearly just 6 convictions for every 100 cases that were registered. This is one of the many statistics that highlights the gaps in the investigative and prosecution process that lead to child sex offenders escaping punishment. The objective of ‘The Road To Justice’ report was to find out why this happens. While making this report, there were in-depth interactions with survivors of commercial sexual exploitation, lawyers handling cases of commercial sexual exploitation as well as social workers and activists. All the survivors interviewed are now adults and their identity has been kept a secret.

The conviction rate in cases involving sexual exploitation of children is abysmally low in India.

Role of cops

After a rescue operation has been conducted, it is the police who is the survivor’s first point of contact in the criminal justice system. It is the cops who file the FIR, investigate the case and file the final charge sheet which forms the basis of the prosecution process. Based on the responses of the survivors who were interviewed for this report, here are some of the things they faced while interacting with the police:

- Lack of privacy while providing statement
- Being branded as ‘prostitute’
- Judgmental and accusatory tone
- Bullying and multiple visits to get an FIR registered
- Rude and demeaning behaviour
- Being treated as criminals

Professionals who have interacted with the police in such cases say that while there has been a noticeable change in their attitude over the years, patriarchal mindset and lack of sensitivity continue to remain a problem. There have also been times when the police have overlooked procedures, not added relevant sections in the FIR and treated the survivors as offenders.


Survivor statements

The immediate trauma and shock that follows the rescue operation makes it difficult for the survivors to speak to the cops. Many a time, they’re also ill-treated by them. Add to this, absence of appropriate infrastructure at police stations, unwillingness on the part of cops to register supplementary statements, no psycho-social support, lack of follow-ups and lack of sensitivity of the police make the process of giving statements even tougher.

While medical examination of survivors in such cases is very crucial, that too is marred by several roadblocks such as ignorance, no mandatory counselling and long hours of wait. There have been times when survivors are talked out of undergoing medical tests by government doctors and nurses who often tend to be overworked. The survivors who were considered for this report also spoke of having undergone the barbaric, patriarchal and humiliating two-finger test as part of the medical examination process.

The conviction rate in cases involving sexual exploitation of children is abysmally low in India.

Investigation, Trial and Delay

The Anti Human Trafficking Unit (AHTU) and Social Service Branch formed to handle cases of trafficking and crimes against women and children do a good job with the rescue and preliminary procedures. However, it is when the local police gets involved that problems arise, the report observes. Corruption, limited interaction with survivor, inappropriate selection of panchas or independent witnesses and lack of technical knowledge to collect and store evidence are some of the problems that impede the investigation process when the case gets transferred to the local police.

The trial process, which is often long-drawn and marred by delays, is also tough on survivors. From insensitive behaviour by judges and public prosecutors to being at the risk of being intimidated by the accused, the trial can be a physically and mentally draining process.


Recommendations

In order to ensure speedy justice to survivors, this report makes some very valid and noteworthy recommendations:

- A fundamental shift in the role of the survivor in the legal system
- Urgent need to invest in systems of justice such as police, experts, prosecutors and judiciary
- Sensitise all stakeholders
- Need for mandatory counselling of survivors
- Need for speedier trials

It is only with such multifold efforts can we ensure that the survivors of Commercial Sexual Exploitation of Children (CSEC) get timely and adequate justice, the report points out.

(At The Quint, we are answerable only to our audience. Play an active role in shaping our journalism by becoming a member. Because the truth is worth it.)

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Topics:  Child Sex Abuse 

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