CHAPTER 1: INTRODUCTION:

1.1 SCOPE OF THE PAPER:

This paper tries to analyze the utilization of Indian Criminal Law to the instances of sexual offences including children. The researcher has particularly examined the Indian Penal Code, 1860 Section 375, 376, 377, 354, 509, the Indian Evidence Act and the Protection of Children from Sexual Offenses Act, 2012. The analyst has additionally completed a relative examination of laws of various nations managing sexual offences against children.

1.2 ESSENCE OF THE PAPER:

Child sexual maltreatment is expanding at a disturbing rate everywhere throughout the world. India is among the main five nations of the world confronting the most elevated rate of sexual offences including a child. However, the criminal law in India is lacking in numerous regards to managing such a delicate and significant issue. The Law Commission in its 172nd Law Commission report[1] has looked into finish law managing sexual offences after Sakshi v UOI[2] case. The Commission claimed for various corrections to the laws managing the subject. A few corrections were made to the Indian Penal Code after the Nirbhaya case by the 2013 Criminal Law change bill. In any case, the law at present is deficient to manage sexual offences including children.

1.3 RESEARCH QUESTION:

The essential research question is whether the Criminal law of our nation enough to manage the instances of sexual offences including child even after the execution of POCSO, 2012? Besides, are the different offices like Police, Doctors and Courts sufficiently viable to confer equity to the people in question?

1.4 AIMS AND OBJECTIVES:

This paper tries to:

1. Contours the guidelines and strategies engaged with the Criminal Justice procedure.
2. Describes the law on child sexual maltreatment and its suggestion on examination process and gathering of proof including offices like Police, specialists and courts.
3. Clarifies change in law identified with proof with the end goal to make the law more child neighbourly which will guarantee that an ever-increasing number of instances of child sexual maltreatment are accounted for.
4. Recommend manners by which the different NGOs and social specialists can work more viable in this respect.

1.5 STUDY OF LITERATURE:

The researcher has depended on different essential and auxiliary sources including legal proclamations, Indian Penal Code, POCSO Act, enactments and Criminal of UK, USA, South Africa, Netherlands, Germany and Canada, writes about child sexual maltreatment by UNICEF and other national and global organizations and NGOs.

CHAPTER 2: A STUDY ON THE CRIMINAL LAWS OF INDIA:

India is home to 430 million child which around incorporates one in every five children under the age of 18 years, in the world.[3] They confront amazing difficulties from the day they are conceived. Lack of healthy sustenance, ignorance, trafficking, constrained work, tranquillize misuse, sexual maltreatment pornography and so on are normal among the child in India.[4] The paper especially manages the issue of child sexual maltreatment in India. Child sexual maltreatment incorporates physical or mental abuse of a child as a rule by a man who is in a place of trust and trust in connection to the child. The individual uses the child for sexual incitement or for sexual delight. National investigation embraced by the Ministry of Women and child development[5] characterized ‘sexual assault’ as making the children caress with his/her reproductive organs or making the children show private body parts and being shot without clothes. However, the report did not display the genuine reality claiming a large portion of the cases goes unreported because of the shame joined to it in our public. An investigation directed by the UNICEF after the 2012 Delhi assault uncovered that one in each three assault cases, the unfortunate casualty is a child and these occurrences are expanding at a disturbing rate. Approximately 7200 children including newborn children are assaulted each year which an issue of genuine concern is. Before May 2012, different segments of the Indian Penal Code managing sexual offences were additionally connected to the instances of child sexual maltreatment bringing about a genuine unnatural birth cycle of equity as the arrangements were not sensibly adequate for their application to instances of child sexual maltreatment. Section 354 Indian Penal Code rebuffs a man for shocking the unobtrusiveness of a lady by utilization of criminal constrain however on the off chance that we apply this area to an instance of say rape of a baby the significant issue which would emerge is what humility does an offspring of 2 years have?

The use of arrangements managing grown-ups made various issues when connected to instances of child sexual maltreatment. In this way, to take care of these issues’ parliament ordered an extraordinary enactment POSCO Act in May 2012.[6] Under this law, all types of child sexual maltreatment are offences with particular disciplines for the culprits. Prior, there was no law covering any non-penetrative sexual act submitted against young men who are currently plainly characterized. The new law has additionally set out specific rules for police and court specialists to manage the people in question. Uncommon child courts are additionally set up to manage the issue anyway the viable utilization of these rules remains a point of concern. The issue of usage has exceptionally hampered the assurance of child from sexual maltreatment in the nation. Moreover, National Commission for the Protection of Child Rights which was built up as an autonomous body in 2007 which guarantees that every such law, approaches, and projects, are in concurrence with the child rights revered in the Constitution of India and the UN Convention on the Rights of the Child.[7] The Commission has likewise been allocated the undertaking of supervising the usage of the POSCO Act.

Aside from these domestic laws, India is additionally involved with different worldwide human rights settlements and agreements, including the International Covenant on Civil and Political Rights and the Convention on the Rights of Child, which give particular assurance to the privileges of children. They request different powerful measures to avoid and rebuff mishandles and guarantees that the administration embraces and executes successful measures to anticipate such abuse. Human Rights arrange makes it compulsory for the Indian government to receive and authorize approaches that will avoid and change sexual brutality against children adequately and which will guarantee equity.

Situation after the ‘Nirbhaya case‘

After the 2012 Delhi assault case, media alongside other non-administrative assumed an exceptionally imperative job in expanding mindfulness about child sexual maltreatment in the nation. The media and the NGOs worried on the expanding rates of children misuse and on the powerlessness of the framework to ensure child, in this way pressurizing and compelling the legislature to deliver the issue and to act as needs be considered a legitimate concern for the child populace.

As a development, the administration made a noteworthy stride and the parliament established its first law in May 2012 to ensure child sexual maltreatment.[8] The requirement for this law turned out to be more prompt after the instance of Mrs Madhu v. Province of Haryana[9] including Ruchika Girhotra, who was attacked by a cop when she was 14. For this situation, the denounced requested that Ruchika’s folks send to Canada as she was a splendid tennis player. The case was recorded under Section 354 read with Section 509 of the Indian Penal Code. The blamed, SPS Rathore got away arraignment for quite a long time even though there was an onlooker to the supposed demonstrations. Anyway, the Indian Government presently can’t seem to manufacture a solid and successful informal organization to ensure the prosperity of the child.

THE DEFECTS IN THE JUSTICE SYSTEM:

It is exceptionally basic to say anything regarding what occurs after a child has been explicitly manhandled which holds importance for his/her prosperity as well as for the assurance of other children, in such a case that the culprit is never recognized or on the off chance that/she permitted to move free, there are high odds of further maltreatment. Here and there, the protests of the children are just rejected by the relatives, Police and the medicinal specialists. In the greater part of the cases, the culprit is frequently a relative or a man depended with consideration and authority of the children. In such cases, the child would cease from talking up in view of the consistent danger of the relatives. For a situation under the watchful eye of the Delhi court, the denounced was sentenced for having kidnapped and assaulted a multiyear young lady who was individual from his family. The blamed has before assaulted another young lady for his family yet the case was not detailed due to the disgrace appended as the relative’s trust that announcing a case will convey disgrace to their family. Likewise, there have been situations where the moms didn’t make any move due to the dread of being tossed out of the house by the in-laws. In different cases, the relatives dread of being alienated from the general public.

A standout amongst the most noteworthy reasons why families don’t approach to report the instances of child sexual maltreatment since they surmise that they won’t be dealt with thoughtfully by the police and the medicinal specialists which additionally adds to their injury. Numerous specialists in India come up short on the ability to take such delicate cases. Their job ought to incorporate treating children well and directing him/her. Police authorities likewise endeavour to influence the gatherings to reclaim their cases. Some of the time courts additionally drag cases for quite a long time. This demonstrates the powerlessness of our criminal equity framework to manage the sexual offences including minor which is a very touchy issue. Besides, children are additionally manhandled in establishments like NGOs for vagrants and so on which are essentially settled for the assurance, welfare and advancement of a child. They are presented with the duty of dealing with the child dwelling in such foundations. In any case, the instances of sexual maltreatment of children in these foundations are exceptionally normal.

Also, The Indian Penal Code, although, still does not perceive the way that males can be victims of sexual maltreatment and assault as well. The Indian Penal Code Sections 354A, 354B, 354 C and 354 D, managing inappropriate behaviour, uncovering, stalking and voyeurism, neglect to perceive men as an unfortunate casualty yet just as culprits. Indeed, Section 375 of the Indian Penal Code, which manages the meaning of assault, does not recognize male assault either. The definition itself begins with, “when a man commits assault” and proceeds to characterize assault, for this situation, of a female. Notwithstanding with regards to inappropriate behaviour in the work environment, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, neglects male group being unfortunate to this.

So, basically what we require now is a law that is complete, that ensures that provisos in existing laws are shut, be unbiased, explicitly address conditions of child sexual maltreatment and the unique needs of children, build up rules to secure child unfortunate victims and guide them through the legitimate procedure and address their necessities, increment revealing and spread information of child rights, force obligatory announcing, shield child and journalists from destructive introduction through secrecy rules, toll the legal time limit to support detailing of maltreatment, repay exploited people.

PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012:

POCSO which was authorized in 2012 is impartial, makes it obligatory for the exploited people to report the maltreatment, records all sort of sexual offences against a child and accommodates their assurance amid the legal procedure. A portion of the command set down under POCSO are[10]

1. The police officers in every circumstance must bring a case to the attention of the Child Welfare Committee within 24 hours of receiving a report.
2. The police officers must also be in civil clothes while recording the minor’s statement so that the child does not get intimidated.
3. The statement of the minor must be recorded in presence of the person whom he/she trusts.
4. The medical examination of the child for the collection of forensic evidence should only be conducted by a lady doctor in presence of a person that the child trusts.
5. Special courts have been set up under the act to conduct speedy and in-camera trials. It is the duty of these courts to ensure that the minor is not exposed to the accused while recording his/ her statement, the identity of the minor remains undisclosed, the minor is not asked to repeat his/her testimony in court and that minor can also give his/her testimony through a video, the cases are not delayed and are disposed of within a year from the date of it being reported, an interpreter, translator, special educator or any other expert should be present in court if the minor needs any assistance, and the family of the minor should be awarded compensation for medical treatment and rehabilitation.

PUNISHMENTS UNDER THE ACT:

1. Penetrative sexual assault[11]

The infiltration can either be penile-vaginal, penile-oral, penile-urethral or penile-butt-centric, or protest entrance. Section 4 of the demonstration accommodates discipline at least 7 years which may degree to life detainment and a fine.

2. Aggravated penetrative sexual assault committed by a person of trust or authority[12]

Section 6 of the demonstration sets out the discipline which ought at least 10 years; it might likewise stretch out to thorough life detainment, and a fine.

3. Non-penetrative sexual assault committed with a sexual intent[13]

Non-penetrative rape incorporates contacting the vagina, penis, butt or bosom of the child or requesting that the child contact the vagina, penis, rear-end or bosom of the culprit or some other individual or some other demonstration finished with sexual aim. In such cases, Section 10 accommodates discipline for at the very least 3 years which may stretch out to 5 years and a fine.

4. Aggravated non-penetrative sexual assault done by a person of trust and authority[14]

Section 10 sets out the discipline which ought not to be less than 5 years and it might likewise stretch out to 7 years, and a fine (Section 10).

5. Sexual harassment[15]

Lewd behaviour is caused by disgusting and explicitly express comments, messages or phone calls; insulting, scoffing, or representing a demand for sexual support. The discipline is 3 years and a fine (Section 12).

6. Using a minor for pornographic purposes[16]

It incorporates creating or conveying any explicit substance by means of print or electronically. The discipline is 5 years and a fine and if there should be an occurrence of the second conviction, the discipline would be 7 years and a fine (Section 14 (1)

7. An attempt of offence[17]

Section 18 of the demonstration accommodates 1-year discipline and fine.

8. Abetment[18]

The meaning of abetment is same as resisted under Section 107 and 108 of the Indian Penal Code. The discipline is the same as that of the offence which is given under Section 17 of the demonstration.

9. Failure to report an offence[19]

The discipline is a half year and a fine gave under Section 21 of the demonstration.

CHAPTER 3: AN ANALYSIS OF THE LEGAL PROCLAMATIONS:

BEFORE POSCO, 2012:

In Sakshi v. UOI[20] Case:

This was the situation recorded by an NGO called ‘Sakshi’ raising worry about the sensational increment of sexual viciousness against ladies and child and the execution of the arrangements of Indian Penal Code in particular 377, 375/376 and 354. The solicitors raised the issue of limiting assault cases just to penile-vaginal infiltration which has now been altered by the 2013 Criminal Law amendment as it was violative of Article 21 of the Constitution. Various measurable information has uncovered that child are regularly mishandled in a way other than the penile/vaginal entrance. Usually by methods for penile/butt-centric entrance, penile/oral infiltration, finger/vaginal infiltration or protest/vaginal infiltration. Likewise, putting these cases inside the ambit of Section 377 would be profoundly out of line. Applicants had put accentuation on Article 15 (3) of the Constitution which accommodates uncommon arrangements for ladies and children which fundamentally suggests ‘sufficient arrangements’.

In Bachpan Bachao Andolan v. UOI[21] Case:

A PIL was filed in the Supreme Court on the wake of genuine infringement of child rights. The appeal to was recorded particularly to debilitate child trafficking from carnivals all over India. Children are every now and again explicitly mishandled at these spots, which is an infringement of Juvenile Justice Act and other global settlements and pledges.

POST POSCO:

POSCO, 2012 was executed to make it less demanding for the casualties of sexual maltreatment to get equity. The Act coordinates the utilization of more others conscious approaches to manage exploited people and restrict exploitation of the child because of the legal framework. Because of which, the announcing of such cases has multiplied because of expanded mindfulness.

In Nishu v Commissioner of Police, Delhi and Ors. Case[22]:

Appellant was a minor girl, kidnapped and more than once raped her by a gathering of nine individuals. One among the nine individuals was a police constable In Haryana Police. The arraignment neglected to exhibit any restorative reports or a duplicate of the FIR under Section 376D of the Indian Penal Code and significant arrangements of the POSCO, Act. The Court for this situation said that it is wrong to practice its locale under Article 32 as the case has been investigated by the Haryana Police.

In Avinash v State of Karnataka[23] Case:

The petitioner kidnapped the person in question and had various sexual intercourses with her. A charge sheet was documented against the unfortunate casualty under Section 366 of the Indian Penal Code and Section 4 of the POCSO, Act. The Hon’ble High Court accentuated on the period of unfortunate casualty as it is the real central factor and the court put aside the conviction in the help of getting dependable proof and arranging the case as per law.

The courts have demonstrated a tendency towards giving most extreme discipline to the convicts under Section 12 of the POCSO Act, 2012 to give a solid message to society since wrongdoings of child sexual maltreatment are on constant increment. Anyway, that is conceivable just when solid confirmations with no bending are displayed by the Police and the therapeutic specialists. For a situation under the watchful eye of the Delhi district court where the denounced was accused of Section 8, 12 and 11 of the POCSO Act and Section 506 of the Indian Penal Code for getting into mischief with the person in question, the court said, however, legitimate confirmations are not uncovered by the insightful office, the declaration of the child injured individual roused trust and certainty.

For another situation, a young lady was mishandled by her dad since she was 12 years old. The court recognized that the examination was done in a most easygoing and flighty even though the minor girl was manhandled for around five years. The court declined to continue with the issue until the point when facilitate examination is finished by the examination organization and the Police since the medicinal report and the charge sheet had various escape clauses. This is a great situation where the unfortunate casualty turned out to be more defenceless because of the insufficiency of analytical office and the police and the issue was postponed.

CHAPTER 4: RELATIVE INVESTIGATION OF LAWS OF DIFFERENT COUNTRIES:

Globally, child sexual maltreatment is perceived as a genuine wrongdoing against children. Be that as it may, the laws shift from nation to nation by their neighbourhood meaning of who is a child and what establishes child abuse. Child sexual maltreatment is an infringement of each child’s right when a grown-up attempt to have a sex with a minor who is doli incapax for giving assent. This is likewise called statutory rape.[24] The researcher has inspected the laws of a few nations where the rate of child sexual maltreatment is high and others where the rate is moderately low.

SOUTH AFRICA:

South Africa is one among the main five nations which have the most astounding rate of child sexual abuse.[25] According to a 2009 report by profession association solidarity assistance, one child is assaulted at regular intervals in South Africa.

Chapter 3 of the Criminal (Sexual offences and related matters) Act, 2007 deals with sexual offences against children.[26] It anticipates:

1. The statutory assault which incorporates demonstrations of consensual sexual penetration.
2. Statutory rape which incorporates demonstrations of consensual sexual infringement.

• Sexual misuse and sexual prepping of children.

1. Presenting child to unequivocal explicit substance and utilizing children for obscene purposes.
2. Compelling and packaging child to observe sexual acts, self-masturbation and show of genital organs.
3. Sexual abuse of a handicapped child in the routes made reference to above.

The South African Supreme Court likewise made it unlawful for a man already sentenced for a sexual offence to dally close open spots like schools, play areas and so forth with the end goal to shield children from rape.

UNITED KINGDOM:

The UK additionally witnesses a high rate of child sexual maltreatment. As indicated by National Society for Prevention of Cruelty to Children, in 2011/12 there were 36000 instances of sexual offences against children were recorded.[27]

The 2003[28] Sexual Offenses Act manages following sexual offences:

1. Trafficking children with the end goal of sexual abuse.
2. Child sexual maltreatment by methods for prostitution and erotic entertainment which incorporates empowering or encouraging prostitution or sex entertainment.

• Sexual maltreatment of children with mental turmoil.

1. Voyeurism, presentation of one’s privates to the children and taking part in sexual acts in broad daylight toilet.

Likewise, the charged can never again contend that the child assented for the sexual demonstration. Any sex and other non-penetrative exercises like rape or causing or inducing a child to take part in the sexual movement. These cover a scope of both physical and non-physical contact.

NETHERLANDS:

Child maltreatment as a type of abuse of children has the least rate (4%) in the Netherlands. The plausible explanation behind this is the children sexual maltreatment arrangement in the nation. In the Netherlands, different Advice and Reporting Centers on Domestic Violence and Child Abuse (AMHK) are set up and children or grown-up who presume sexual maltreatment are given a detailing code.[29] These focuses are exceptional children inviting with guiding focuses. When any case is accounted for at the inside, it accepts the accountability of exploring the conditions and seeing whether there is a need of recording a case in law and in the event of need, the middle guarantees that enough move is made by the courts with the end goal to secure child’s advantage. Child maltreatment in the nation is essentially observed as a family related, therapeutic or psychosocial issue. The legitimate procedures against children misuse can be founded under these laws.

1995. The UN Convention on the Rights of the Child which was confirmed by the Netherlands in March 1995. Articles 4, 5, 6, 18, 19 and 27 of the Covenant are significant to manage the occurrences of child abuse.
1996. Dutch common Law

An imperative headway in the territory of child rights was the incorporation of an extra reference in Article 247 which peruses as “Guardians are under a commitment to deal with their children and to raise them without utilizing either mental or physical savagery or some other kind of embarrassing treatment”. This has brought about a decrease of child sexual maltreatment cases.[30]

• Criminal Law

Criminal law discovers it reference in intense instances of physical sexual offences.

1. Activity plan ‘children safe’

The current action plan for the year 2012 to 2016 was started in November 2011. Its essential goals are

1. To keep guardians from manhandling their children.
2. To empower detailing of instances of child abuse.
3. To put a conclusion to existing maltreatment.
4. To restrain the harming outcomes of abuse.

U.S FEDERAL LAW:

All states in the US have their distinctive laws managing child sexual maltreatment. Bureaucratic Law is appropriate on the administrative terrains which incorporate regions, for example, army installation, Indian domains and other government claimed places. 18U.S.C. Segment 2241, 2242, 2243, 2244[31] manage disturbed sexual abuse, sexual abuse, sexual maltreatment of a minor or ward respectively.43 Offenders under these areas are fined and in addition rebuffed. A wrongdoer faces cruel sentences if the wrongdoing that happened is of exasperated nature, for example, he/she mishandled the child by presenting a danger of genuine damage like passing, he/she kidnapped the child for submitting child sexual maltreatment.

Section 2256 of title 18 U.S.C. accommodates meaning of child pornography as outwardly portraying any explicitly unequivocal direct including a minor (less than 18 years of age).[32] These portrayals incorporate pictures, recordings or PC produced pictures which indistinct from the real minor, any information put away on the PC which can be changed over into a picture of child pornography. Any delineation of minor under 18 years old is illicit independent of the child’s consent. Under Section 2251, convincing, alluring, forcing and instigating child to take part in any explicitly understood act is unlawful. Any person who endeavours to contrive for such object is additionally exposed to discipline under the government law. Furthermore, Section 2251A of Title 18, United States Code, particularly precludes offering, purchasing or exchanging the care of minor for motivations behind delivering child pornography particularly done by the parents or any legal guardian or other individuals in authority or control of that minor younger than 18.

CANADA:

The Criminal code and the Canada proof Act are two government laws covering criminal equity matters in Canada. The correction to these laws in January 1988 made child sexual maltreatment offences consequently growing the open door for courts to take the declaration of a child in instances of their sexual abuse.[33]

These are the offences identified with children secured under the Canadian Criminal Code:

1. Sexual obstruction
2. Welcome to sexual contacting

• Sexual misuse of young children

1. Anal intercourse
2. Savagery
3. Offences including guardians or gatekeeper in a sexual movement of a child

• Presenting private parts to a child
• Vagrancy

1. Offences in connection to child prostitution
2. Inbreeding
3. Foul acts

• Rape
• Rape with a weapon or with a risk of causing substantial mischief
• Disturbed sexual assault

The meaning of these violations under the Criminal Code fortifies the security and mental improvement of a child. A person who sexual maltreatment a child can’t take a supplication that a child agreed to such sexual activity. Under Canadian law, children over 12 years yet under the age of 14 years are viewed as unequipped for offering to agree to any sexual activity. Furthermore, the assent given by people over 14 years old however below the age of 18 is viewed as invalid if the other individual occupied with the sexual act is in a place of trust or potentially expert over them. A wrongdoer can’t take a barrier that he trusted that the child was more seasoned; this protection can just support on the off chance that he/she found a way to discover the age of the concerned child. Child victims are additionally secured at the season of the prosecution. Authentication of a child’s declaration isn’t required for conviction of the accused. Distribution of the data about the child which would recognize the child unfortunate casualty is precluded. A child can likewise affirm outside the court in the nearness of a judge or jury who will precisely watch the child while he/she is giving the declaration. Video cuts recorded by the child for declaration inside a sensible time are additionally allowable.

Different establishments additionally exist for the security of the child. The child welfare frameworks secure child, while the criminal equity framework shields the general public from potential guilty parties. Both establishments work next to each other to do the double obligation to at last accomplish a similar objective of ensuring individuals from the general public. Further, arraignment under Criminal law is planned in a way not exclusively to secure the child yet in addition to shielding the privileges of the blamed with the end goal to adjust the enthusiasm of both the concerned parties.[34]

GERMANY:

Germany pursues lawful codes and systems which give more protection to children when contrasted with numerous different nations. As per the Section 176 of the German Criminal law, children under 14 years old are viewed as doli incapax for giving consent to any sort of sexual activity. Under Section 174, participating in sexual activity with a man under the age of 18 years is additionally culpable in specific conditions for e.g. at the point when the child is adopted and is in a condition of reliance. The criminal method additionally ensures most extreme child protection. Mindful cops themselves cross-examine the children when they get any complaint.

CHAPTER 5: CONCLUSION

After careful examination of Indian Criminal law, legal choices and the laws of different nations, it could be presumed that the present law is deficient in numerous regards. Moreover, when Law is clear at specific occasions, the rules set down are not entirely actualized by the Police, specialists and the courts which truly hamper equity for the youngster unfortunate casualty. The specialist requests for further changes in the principles and strategy under the law and their strict execution for promoting the enthusiasm of the kid exploited people. The Government can likewise oblige a portion of the standards from the laws of alternate nations which are more kids amicable and progress in the direction of the headway of equity.

These changes may include:

1. Setting up of centres like those in the Netherlands who will acknowledge the responsibility of directing that whole value is done to the adolescent and the tyke isn’t furthermore misused by the lawful technique.
2. Making kid sex stimulation and voyeurism totally at fault in each shape.

• To make the working of child welfare foundations more reasonable so it keeps running in consonance with the lawful structure to anchor harmed person’s leeway and the energy of the Society. A comparative structure is followed in Canada.

1. Additionally, some the Government should in like manner set out a couple of rules with the true objective to anchor the energy of the powerless spectators.

[1]  http://www.lawcommissionofindia.nic.in/rapelaws.htm

[2] Sakshi v UOI, AIR 2004 SC 3566

[3] 3 The Planning Commission, Government of India, “Report of the Working Group on Child Rights for the 12th Five Year Plan (2012–2017),” http://planningcommission.nic.in/aboutus/committee/wrkgrp12/wcd/wgrep_child.pdf (Last accessed October 7, 2015), p. 8

[4] United Nations Children’s Fund, “The Situation of Children in India – a profile,” May 2011, http://www.unicef.org/india/The_Situation_of_Children_in_India_-__A_profile_20110630_.pdf ( Last accessed October 7, 2015).

[5] Ministry of Women and Child Development, Government of India, “National Study on Child Abuse: India 2007,” 2007, http://wcd.nic.in/childabuse.pdf (Last accessed October 7, 2015) p. 1

[6]  http://wcd.nic.in/childact/childprotection31072012.pdf (Last accessed October 12, 2015)

[7] “Home”, National Commission for the Protection of Child Rights, http://www.ncpcr.gov.in (Last accessed October 12, 2015)

[8] Supra note 8

[9] Mrs Madhu v. State of Haryana, 1998(4) RCR 854

[10] http://wcd.nic.in/childact/childprotection31072012.pdf (Last accessed October 12, 2015)

[11] http://wcd.nic.in/childact/childprotection31072012.pdf (Last accessed October 12, 2015)

[12] Ibid.

[13] Supra note 15

[14] Ibid.

[15] http://wcd.nic.in/childact/childprotection31072012.pdf (Last accesses October 12, 2015)

[16] Ibid.

[17] Supra note 15

[18] Ibid.

[19] Supra note 15

[20] Supra note 10

[21] Bachpan Bachao Andolan v UOI, AIR 2011 SC 3361

[22] Nishu v Commissioner of Police, 2014(3)ACR2516(SC)

[23] Avinash Shetty v State of Karnataka, 2004 (13) SCC 375

[24] http://www.unicef.org/zimbabwe/resources_15420.html (Last accessed October 12, 2015)

[25] http://www.ibtimes.co.uk/child-sexual-abuse-top-5-countries-highest-rates-1436162 (Last accessed October 12, 2015)

[26] http://www.justice.gov.za/legislation/acts/2007-032.pdf (Last accessed October 12, 2015)

[27] http://www.nspcc.org.uk/preventing-abuse/child-abuse-and-neglect/child-sexual-abuse/sexual-abuse-factsstatistics (Last accessed October 12, 2015)

[28] http://www.cps.gov.uk/news/fact_sheets/sexual_offences/ (Last accessed October 12, 2015)

[29] http://www.youthpolicy.nl/yp/Youth-Policy/Youth-Policy-subjects/Youth-policy-Youth-Policy-Childabuse/Child-abuse-policy (Last accessed October 12, 2015)

[30] Supra note 40

[31] http://www.justice.gov/criminal-ceos/citizens-guide-us-federal-law-child-sexual-abuse (Last accessed October 12, 2015)

[32] http://www.justice.gov/criminal-ceos/citizens-guide-us-federal-law-child-pornography(Last accessed October 12, 2015)

[33] https://www.ncjrs.gov/pdffiles1/Digitization/128329NCJRS.pdf (Last accessed October 12, 2015)

[34] https://www.ncjrs.gov/pdffiles1/Digitization/128329NCJRS.pdf (Last accessed October 12, 2015)