Offences Against Children Act 2006

New Child Rights Bill on the Anvil

Hindustan Times, Mumbai.

Chetan Chauhan New Delhi, March 27, 2006

Think twice before you yell at your kid. You could be prosecuted for msitreating the child. A law is on the anvil to defend children against any form of abuse, whether it is a slap at home, a serious thrashing by the teacher or any kind of sexual harassment. This is all part of the Ministry of Women and Child Development's proposed new law -- the Offences Against Children Act 2006 -- circulated to different states, after approval from the Ministry of Home Affairs.

The ministry's intent to crack down on those who sexually assault or abuse children in any form and its commitments under the United Nations Convention on the Rights of the Child, are apparent in the manner in which the draft bill defines sexual abuse and assault. This includes clubbing of vaginal sex and anal sex as a similar offence for defining punishment. A more comprehensive handling of sexual assault terms, defines it as "any type of penetration (including sodomy) or manipulation of a child's body for penetration".

Incidentally, oral sex and fondling a child with sexual intent have also been defined and made punishable. This is the first time that oral sex with a child, whether the child is forced to perform it on another individual or made to be the recipient of it, has been covered by law. Flashing genitalia in front of a child or asking a child to display his or her genitalia, causing a child to be exposed to pornography in any manner, fondligh a child directly or indirectly and of course,molestation, will amount to sexual abuse once the draft bill becomes law.

The punishment is also stringent: for sexual assault the minimum is rigorous imprisonment of 12 years with a fine, or it could be life imprisonment for sexual abuse; while the maximum is 10 years of simple imprisonment with a fine, the minimum has been fixed depending on the child's age.

An interesting feature is that now sexual assault (as defined in the new bill) with any individual below the age of 16 will be an offence irrespective of consent. If the victim is above 16, consent will be used as evidence to book the accused. The bill does not spare abusive parents and teachers either. They can be jailed for five years and fined for child abuse. And a well-thought-out draft does provide teachers a safeguard against those who may try to misuse the law. Another important aspects of the draft bill is that it suggests stringent action against commercial sexual exploitation of children. With the world's largest child population, India has come in for constant criticism for not having a separate legislation to deal with offences against children. The only law -- Juvenile Justice Act 2000 -- deals with children in conflict with the law.

Use and Abuse

Child abuse has long been a grey area. The law is silent on the rape of a male child. Now, a new Bill, Offences Against Children Act, 2006, tries to lay down the rules.

1. Sexual Assault: Any type of penetration (including sodomy) or manipulation of a child's body for penetration.

For the first time, oral sex is an offence.

Molestation, touching a child, engaging in sexual activity or exposing private parts in front of a child and making a child watch pornography is sexual abuse.

Any assault on a child below 16 will be considered an offence, irrespective of whether the child had given consent. If the child is 16, his/her consent will be evidence to book the accused.

Punishment:

Assault: Rigorous imprisonment of not less than 12 years with fine or life imprisonment.

Abuse: For a child below 12, minimum imprisonment of five years; for those between 12-16, jail not less than two years; for those above 16, six months.

2. Physical abuse: Bullying a child will mean deliberately and persistently intimidating, persecuting, humiliating or demeaning a child through menacing words or gestures.

Punishment: For physical abuse, jail for up to five years and fine; for bullying, jail up to one year and/oir fine or a stint in community service.

3. Corporal Punishment: Family and teacher of a child will not be spared. However, scolding in the interest of the child, which is not persistent, is fine.

Punishment: Jail for 2 years and/or fine.

4. For false complaints: Antidote to the Bill. Anyone registering a false complaint, say a parent lying about the physical abuse of his/her child, will invite punishment equal to half the punishment of the offence.

(Except for corporal and bullying, sections are non-bailable).

Nota bene: Taala'i Lama, be ware. You and your Gelugpa monks are the greatest offenders!