CHILDLINE PROTECTS AND SUPPORTS A MINOR VICTIM OF ABUSE

On 15^th June 2020, CHILDLINE Rourkela, Odisha, placed a 13-year old girl, Radha (name changed to protect identity) in a shelter home on the orders of Child Welfare Committee (CWC). Radha was rescued from the market place by the Biramitra police station where she was roaming aimlessly. She was kept under the custody of the medical officer at the Biramitrapur Community Health Center (CHC) since she was not feeling well and required medical attention. 

On further counseling, Radha revealed some startling details. She had undergone an abortion the previous night. She also mentioned that earlier the Biramitrapur police station officers had tried to admit her at the CHC. As the counseling session progressed further, CHILDLINE realized that the police along with the doctors had violated the MTP Act (Medical Termination Of Pregnancy Act, 1971). They all had given false information to the CWC.   

The local newspaper covered this case on 21^st June 2020. Next day, CWC recorded the statement of the child. As per orders from the CWC, the local DCPO (District Child Protection Officer) filed an FIR against six people including two police personnel and a medical officer of the CHC in the Biramitrapur area. Subsequently, the officer in-charge was suspended and his statement was recorded on 26^th June 2020. 

After getting all the necessary information, CHILDLINE immediately removed the child from the CHC and restored her with the open shelter. On the orders of the DGP (Director General of Police), the inspector was dismissed from the duty for sexually abusing a 13-year old girl for a period of four months and later forcefully terminating her pregnancy without informing the District Child Welfare Committee. CHILDLINE is providing emotional support, guidance and counseling to help Radha recover from the trauma. 

The DGP shared updates of the case on social media and apologized to the girl on social media.
If you come across any child in distress or trouble, please do not hesitate to call CHILDLINE on 1098.

CHILDLINE INTERVENES AND HELPS MINOR VICTIM OF ABUSE

On 15^th May 2020, CHILDLINE Anantnag, Jammu & Kashmir received a call from the neighbor of the victim of child sexual abuse to report a case. He informed that the 17-year old victim was speech impaired and had been sexually abused by her cousin. CHILDLINE immediately verified the details of the case and visited the victim’s house.

CHILDLINE met the victim’s brother to get more information about the case. The brother said that his sister was closely associated with the cousin due to which the girl got pregnant.  He also mentioned that their family had registered a complaint at the nearby police station.

On the same day, CHILDLINE visited the concerned police station to gain more information about the case. The police informed that the girl had fled and she is to be produced and her statement is yet to be recorded. When CHILDLINE asked the father about the girl’s whereabouts, he claimed to be unaware.

The Sarpanch and the local administration bodies were approached who helped find the girl. Since the girl was speech impaired, the police expressed their difficulty in recording the statement. The police requested CHILDLINE to arrange for a sign language interpreter who could help record the girl’s statement.

Simultaneously, CHILDLINE arranged for the interpreter and produced the child before the district magistrate. The girl’s statement was recorded by the sessions judge, with the help of an interpreter. The accused was taken in the police custody. All the local authorities appreciated CHILDLINE for their help and timely intervention. Furthermore, the sessions judge assured of complete support and help for the girl. Currently, the case is sub-judice and intervention is ongoing.

Child Sexual Abuse is a heinous crime committed against children. Please do not hesitate to call CHILDLINE 1098, if you come across a victim of abuse. 

 

ONE MORE FAMILY RESCUED FROM THE BRINK OF STARVATION

In an attempt to control the spread of the Coronavirus, the Government of India has announced a complete lockdown. While this precautionary measure is helping to control the spread of this contagious virus, it has led to the rise of major crises for daily wage earners and migrant workers.

They are the worst sufferers of the side effects of the lockdown. They usually live hand-to-mouth and without their daily earnings, they can barely provide for their family. Currently, most of the daily wage earners and migrant workers are out of jobs. It has become extremely difficult for them to feed their family.

CHILDLINE 1098 received a call from a helpless father whose three children have been starving for 3 days. Hailing from Gorakhpur, Uttar Pradesh, Prashant Sinha (name changed to protect identity) came to Vapi, Gujarat nine years ago to work in a tailoring company. Five months ago, he brought his 3 children, Samir age 11 years, Akash age 6 years and Vikram 4 years old (names changed to protect identity) to his residence in Vapi-Valsad.

During the initial days, of the COVID -19 outbreak, the factory owner gave the father some money and necessities. But soon they ran out of resources and the money. The CHILDLINE team member working on this case coordinated with the district administration authorities to arrange for ration and food items for the family.

Within no time, the DSP of Valsad sent his team with all the ration and food items to the family. Upon receiving groceries from the police, the father immediately informed CHILDLINE and thanked for co-coordinating and arranging for food. 

In these challenging times, CHILDLINE is receiving thousands of calls from children and parents who need help to buy ration and food items. You too can join hands with CHILDLINE 1098 and help us fulfil their needs.

WHEN GOING GETS TOUGH, THE TOUGH GET GOING

Thousands of children go missing each year. Children go missing due to a number of possible reasons such as abduction or kidnapping, trafficking, lost children, running away from home due to conflict with family or living in a difficult and aggressive environment.

Large numbers of missing children end up on the streets in acute poverty. Many are forced to engage in unlawful activities. They are extremely vulnerable and easily exploited. In the year 2018-2019, CHILDLINE received approximately 32,000 cases of missing and runaway children each.

CHILDLINE 1098 is 24X7, emergency, toll-free helpline for children who are in distress. The CHILDLINE ground level rescue teams ensure that every child is safe and secure even in tough situations.

CHILDLINE 1098 has safely restored a missing child with his parents during the lockdown of the COVID-19 pandemic. One day before the lockdown began; CHILDLINE 1098 received a call reporting a missing child who was unable to speak and was at Delhi Gate, Ghaziabad, UP. The team members immediately rushed to the location and found the child, Rohan (name changed to protect identity), 17, alone.

Since the child was unable to communicate, CHILDLINE took the child to the Ghaziabad police station. Even the police could not get any information from him. As per the protocol, the child was produced before the Child Welfare Committee (CWC). Though the child was supposed to be sent to the shelter home in Bijnor, UP, the chairperson decided that the boy should be quarantined at a hospital as a preventive measure due to COVID-19 pandemic.

Since the boy did not show any symptoms, the doctor at the MMG hospital in Ghaziabad was not keen to quarantine the child. However, post continuous persuasion from CHILDLINE, the boy was quarantined at the hospital. While the child was in quarantine, the CHILDLINE team member remained with the child and managed to get the contact details of the child’s family and inform them. The child’s family managed to reach Ghaziabad, despite the limited transport facility. After the due diligence process was completed, Rohan was reunited with his family.

WHEN CHILDHOOD BECOMES A TIGHT ROPE WALK....

Funambulism or walking on a tight rope or wire is a common circus activity in many countries. The Funambulists train for years to balance themselves on a tight rope. In most countries, skilled adult artists perform in a circus equipped with adequate safety measures.

But in India, children as young as 5 years old are trained to walk on a tight rope tied on poles roadside often without sufficient safety measures.

In 2011, the Supreme Court banned circus activities like performing high wire stunts and juggling for children under the age of 14.  The Supreme Court also directed the Government to rescue children engaged in such activities and rehabilitate them. Despite the ban, children are engaged in such activities.

CHILDLINE received a call from a concerned adult on 1098 informing about a 5-year-old girl walking on the rope and performing dangerous stunts near the railway crossing, Mukthiyar Ganj, Satna, Madhya Pradesh.  The girl’s family was begging for money from people who gathered to see the activity.

On the basis of the information given by the caller, the local intervention unit rushed to the spot. The CHILDLINE team found that the entire family was engaged in rope circus activity. They informed the Child Welfare Committee and the District Child Protection Officer (DCPO) who ordered the CHILDLINE team to rescue the child as soon as possible. 

CHILDLINE brought the child and her family to the CHILDLINE office. During the counselling, the child revealed that she has been doing such stunts since last one year. The team produced the child and her family before the Child Welfare Committee (CWC).

The CWC members counselled the family. The chairperson of the CWC warned the family members of legal consequences if the child is found again working and performing dangerous stunts. The family assured CWC that they will take care of the child and enroll her in the school. The local police made arrangements for the child and her family to travel to their native place, Bilaspur, Chhattisgarh.

After a couple of months, CHILDLINE visited the child’s native place. But the child was not there. CHILDLINE does not have any idea about the whereabouts of the child or her family. The team sincerely hopes that the child is in a school and is not working or performing dangerous stunts.

If you come across any child being forced to work or perform any dangerous circus activity, please do not turn a blind eye. Immediately, call 1098 and report the matter.

Disclaimer:  Names and details have been changed to maintain confidentiality as required. 

A FRIEND IN NEED IS A FRIEND INDEED

Child marriage is a social evil that continues to plague our society even today. The children who get married at an early age, especially the girls, feel isolated and helpless with limited freedom. It is a widespread human rights violation that robs their childhood forever.

 In India, child marriage is a complex problem. It is deeply rooted in patriarchy. Child brides are stuck in the vicious circle of poverty due to lack of education and earning opportunities. Their health suffers because of underage and complicated pregnancies.  The consequences of child marriage are drastic and not only limit the progress of children but also of the overall society

Even though strict laws are criminalizing the practice of child marriage, we have not had much success to curb this problem. CHILDLINE 1098 is leaving no stone unturned to help eradicate child marriage. It is India’s only 24-hour free emergency phone outreach service for children in need of care and protection.

With the help CHILDLINE 1098, Raji, 16, convinced her parents to stop her marriage. Raji hailed from Chittoor, Andhra Pradesh. She had just completed her SSLC and her parents did not allow her to study any further. She often expressed her desire to study further to her friend Rathi who listened to her woes but was helpless.  Raji’s parents were planning her wedding. She vehemently opposed her marriage but her parents continued with the arrangements. Raji shared her grief with her friend Rathi who informed CHILDLINE 1098. Rathi had learnt about CHILDLINE during an awareness session in her school.

 CHILDLINE along with the local police and an Anganwadi worker immediately rushed to the rescue of the child. They gave ESG (Emotional Support and Guidance) to the child and counselled the parents. The CHILDLINE team explained the consequences of child marriage and laws against child marriage to the parents.  Eventually, Raji’s parents gave in and called off her wedding. They also gave a written statement that they will not organize her wedding until she is 18 years of age.

Thus, a friend in need is a friend indeed. If Raji’s friend Rathi had not informed CHILDLINE, Raji would have been stuck in a vicious circle of child marriage. You too can be a responsible friend like Rathi and help stop child marriage. All you have to do call 1098 for an immediate intervention to protect childhood.

Disclaimer:  Names and details have been changed to maintain confidentiality as required. 

A CASE OF A 9-YEAR OLD BOY WHO RAN AWAY NOT ONCE BUT TWICE

Kids running away or going missing is every parents’ worst nightmare. Imagine, you wake up one morning to find your kid is missing from home or your kid goes out to play and does not return home. Isn’t it scary? What pushes a child to run away from home?

The children run away mainly because of family or guardian abuse, neglect, conflict with the law, city attraction, stress, etc. Following is a true-life case of a boy who ran away from his home not once but twice and was rescued by CHILDLINE. He is now in safe hands.

In December 2019, Child Help Desk at Chatrapati Shivaji Terminus (CST) received a case of a 9-year-old child, Ram (name changed) who had run away from his home. The boy was a resident of Kalyan in Mumbai suburbs. He appeared very calm and composed in CHILDLINE’s custody. Apparently, he was a repeat offender.

A couple of years ago, he ran away from his home due to major differences with his brother. He stated his brother would beat him up regularly. Back then, he wanted to go to the shelter home. However, as per the orders of the CWC, he was reunited with his parents and was sent home.

This time too, he ran away citing the same problem and was adamant to not want to go back to his family. He requested to be put up at the shelter home. CHILDLINE informed his parents and they arrived to meet him. The boy was then produced before the Child Welfare Committee (CWC). This time, however, his wish has been granted to reside at the shelter home. Currently, he and his parents are undergoing regular counselling at the shelter home.

In the year 2018-2019, CHILDLINE received about 31779 runaway cases amongst others. Of these 17811 i.e. 56 per cent were city attraction cases. About 5751 i.e. 18 per cent were runaway cases related to employment and 8217 cases i.e. 26 per cent were other cases like neglect, abuse, stress, 

Disclaimer:  Names and details have been changed to maintain confidentiality as required. 

India needs a new law for Sexual Violence against Children

Yesterday’s and Today’s headlines:

4 Arrested for Raping Minor for Two Years in Mumbai

Minor says raped by 9, including 71-yr-old

Medical tests confirm rape of 12-year-old

India has no national law on Child Sex Abuse (CSA) where the abuse does not include penetration, while in recent years there has been a spurt in reporting of such cases.

Some STATS to mull over:

•       53.22% of children in India reported being sexually abused; 50% of those abuses were by persons known to the child or in a position of trust and responsibility;

•       Over 70% of children in India surveyed for the report did not report sexual abuse, and in a study on Women's Experiences of Incest and Childhood Sexual many stated that they did not realize that they had been abused as children

•       Over 150 million girls and 73 million boys under 18 have experienced forced sexual intercourse or other forms of sexual violence involving physical contact around the world

•       About 19% of the world’s children live in India and constitute over 42% of India’s population.

THE PROTECTION NET

•       India’s National Policy for Children, 1974, declared children to be “a supreme national asset” and pledged to secure and safeguard their needs.

•       The  Integrated Child Protection Scheme of the Ministry of Women and Child Development, launched  in 2009, after being provided for in the XIth Plan, also talks about ‘Child Protection’.  

•       And, India is one of the earliest signatories to The UN Convention on the Rights of the Child.

And still as of date India has no specific law covering CSA.

Then how does the system operate?

Sec 377 of Indian Penal Code (IPC) which covers “Unnatural sex” is widely used in prosecuting such cases. This section, adopted in 1860, is also used for Gay/lesbian relationships. Currently, Child Sex Abuse may also be prosecuted, in India,  as Rape (sec. 375), Outraging the modesty of a woman (sec. 354), Unnatural offences (sec. 377) and Attempt (sec. 511)

 Please note that none of these sections protect boy victims, and none protect from sexual acts besides traditional peno-vaginal penetration.

The CSA Bill, on roads to becoming an Act, chronological update

Goa Children’s Act, 2003

Given the scenario, child rights activists and NGOs have long been demanding a separate act to address CSA. The Goa Children’s Act 2003 was first off the ground. However, the Act has not been successfully in obtaining convictions in cases of CSA and is riddled with gaps.

Offences against Children’s  Bill

A few years ago the Ministry for Women and Child Development(MWCD) developed a new draft bill, The Offences against Children’s  Bill,  to cover the lacunae in several other acts relating to children. It also included a section on CSA. The draft bill was submitted by MWCD to the Ministry of Law and Justice , which returned the bill asking for changes. After a hiatus of a couple of years MWCD submitted the bill to the National Commission for Child Rights (NCPCR) asking for a recommendation. NCPCR held a national consultation in January on the bill and shared the revised bill.  We looked at the bill and found that the section on CSA is full of gaps.

CSA Bill

CHILDLINE India Foundation has been fighting court battles with child sex offenders and one of our cases is in India’s Supreme Court. We approached the Maharshtra State Government, in 2008, on the inadequacies of the law on CSA and the then Dy Chief Minister of Maharashtra, Shri RR Patil committed to introducing a new law to address the menace of CSA. To that end we organized a consultation of NGOs in Mumbai and worked with Michelle Mendonca of International Justice Mission in researching, and presenting, the gaps in existing Indian laws on CSA. When Valerie Gaimon , a talented American Lawyer joined hands as a volunteer with us we took the steps to developing a draft of  what a new proposed law  on CSA should be. This will now be presented to the State Government of Maharashtra as well as to NCPCR.

We are clear that India needs a new law to combat Sexual violence on India’s children. The new law needs to cover all substantive aspects as well as cover procedural aspects of CSA cases.