About a year ago, I was approached for help by the distraught parents of a toddler who had been subject to sexual abuse at her school in Bangalore. It was a haunting experience and admittedly, my first encounter with the problem of child sexual abuse in India from such close quarters. The parents of the child were struggling to navigate the complex justice system despite being a well-educated, well-to-do couple. It was eye-opening and revealed the depth of the problem and the pathetic helplessness of parents in the face of such crimes; obviously, the helplessness is severely compounded if parents are poor and unsupported by the system.
Amidst an outcry and outrage over a slew of similar incidents reported from schools, the Karnataka government received a host of recommendations from parents, NGOs and myself on how to make city schools safer for our children. I had personally suggested both to the Chief Minister and Home Minister a series of measures including the mandatory verification of new and existing school staff, periodic safety audits, and fast-track prosecution. Except for a tokenistic announcement of the Child Sex Offenders registry, very little determined action was taken by the State Government.
On August 3, it was once again reported that another child, this time a three-year-old, was sexually assaulted by the security guard of her school - an incident that has haunted me, and shaken the conscience of my city. This incident, and who knows how many other reported unreported cases, could have been easily avoided if the Government had acted decisively on recommendations. This apathy and negligence can only make the State Government and the Chief Minister of Karnataka personally responsible for these incidents.
My experience with the incident last year led me to engage with further studying the issue of combatting child sexual abuse. I have learnt that about eight cases of child sexual abuse have been
reported everyday between 2012 and 2015 across India.
Of the 6,816 alleged perpetrators booked under the POCSO Act, only 166 convictions have been made, whereas 389 accused have been acquitted.
Over the last year, I have asked the Ministry of Women and Child Development several child protection centric questions. The responses to these questions, have unfortunately, pointed to a startling lack of either ability, capability or intention within successive Governments over the last 60 years to protect our children. So while the State Government's negligence is indeed shocking, the lack of focus on this clear and present danger to our children within the Union Government over the last several years is disappointing.
To illustrate, let me take you through some of the responses I have received to Parliamentary Questions on Child Safety and Protection:
Government Will Not Amend POCSO ActIn its current form, the Protection of Children from Sexual Offences Act 2012 does not hold school managements adequately liable for incidents of sexual assaults perpetrated against students within the premises of schools - which many acknowledge as a terminal flaw within the legislation.Experts have also noted several other issues and gaps in the POCSO Act, including age of consent listed as 18 years, and have expressed the need for amendments to the Act.
The Ministry, in a response to my Question on whether they will consider amending the legislation, simply stated that "it is too premature to amend the legislation."
This is despite the continuing incidents of assaults in schools, extremely low prosecution rates, and extremely high acquittal rates under the Act.
Inefficient Victim Compensation mechanism under POCSOThe POCSO Act provides for compensation for victims of child sexual assault from the Victim Compensation Fund of respective States. While activists have documented the ordeals victims and their families endure waiting for long periods for compensation, the Government does not seem to acknowledge the gaps in the mechanism. Upon questioning the Government on the reasons why victims and their families have been forced to wait for years for compensation, the WCD Ministry responded: "The POCSO Act came into the force with effect from 14.11.2012. Hence, no such incidence has come to the notice of the Government".
Evidently, there is a major disconnect between implementation and policy - and the WCD is oblivious to this.
Government does not have any data on orphans:Another shocking response by the WCD, was on the issue of orphans. Child sexual abuse, a Human Rights Watch report suggests, is rampant in orphanages. In response to a question about the number and condition of orphans in India, the Ministry glibly asserted that "no such data is maintained." And that "no fact-finding study has ever been conducted on the number of orphans in India."
I found this alarming, especially since a study by SOS Children's Village India estimates that there are as many as 20 million orphans in India - which is as much as 4% of the country's population -almost double the population of my home city, Bangalore! There is every reason for us to believe that these especially vulnerable children are subject to the foulest kind of abuse.
Similarly, in response to a question on the functioning of Women and Child helplines - often the first point of contact for a distressed and abused child or guardian, this is the response I received - "Ministry of Women and Child Development has not undertaken any study on the working of women and child help-lines." Note that the child helpline, 1098, was set up in 1996, and has been functioning for almost two decades now without any Government having reviewed its effectiveness even once!
Post the most recent case of assault on a child in Bengaluru, I have again urged Karnataka Chief Minister Siddaramaiah,the government (Education and Child welfare departments) and the police department to adopt a zero-tolerance approach to paedophiles and crimes against children. I have also appealed to Congress President Sonia Gandhi and Vice President Rahul Gandhi to intervene and direct the Chief Minister to focus on these issues. These incidents will continue unless there is a concerted effort made by the State and Central government authorities, civil society and citizens to tackle the malaise.
As adults, we are responsible for ensuring that our children are provided with a happy, fulfilling and healthy environment that enables their personal and social development. Child sexual abuse is a form of terrorism waged on the most helpless and vulnerable amongst us - i.e. our children, and State and Union Governments have to wake to this danger resolve to rid our country of this menace. Bengaluru's latest incident of shame must serve as a wake-up call.
(Rajeev Chandrasekhar is a Rajya Sabha MP and Technology Entrepreneur.)Disclaimer: The opinions expressed within this article are the personal opinions of the author. The facts and opinions appearing in the article do not reflect the views of NDTV and NDTV does not assume any responsibility or liability for the same.