Child sexual abuse: reporting, legal recourse and legal note on drug abuse and suicide. Dr.Rajesh.D.R� Associate professor Dept of Forensic Medicine IGMCRI� 9894532118��

2

1. A 9 year old boy comes to a teacher and said he was called by a senior class student and asked him to kiss.
2. A 10 year old boy comes to a teacher and said he was kissed by a 14year old girl and hugged him.
3. A 10 year old girl comes to a teacher and said she was given a love letter by 13 year old boy. On and off she was sexually assaulted by said boy. She came to give complain along with the parents.
4. A 10 year old girl comes to a teacher and said she was given a love letter by 13 year old boy. On and off she was sexually assaulted by said boy. She came to give written complain along with the parents.
5. A 12 year old girl was sexually harassed by a employee of the school. She comes to a teacher to give complain about this issue.

​

​

​

3

1. Do you have any educational material and curriculum for children, informing them about various aspects of personal safety, including–– (i) measures to protect their physical, emotional and mental wellbeing; (ii) prevention and protection from sexual offences?
2. Have you displayed the rights of children under the POCSO Act along with access to support and services available for children?
3. Have you ever done any police verification and background check on periodic basis, of every staff, teaching or non-teaching, regular or contractual, or any other person being an employee of such Institution coming in contact with the child.
4. Do you conduct any periodic training for sensitizing the child safety and protection in your school?
5. Weather your school has adopted Child Protection Policy/school grievance committee?
6. Are you aware of NISHTHA: (National Initiative for School Heads’ and Teachers’ Holistic Advancement) under Samagra Shiksha. ‘KOMAL”.

4

• Schools must conduct background check & police verification - previous history. 
• All employees to sign a copy of the terms and conditions related to child 

protection 

• Clear boundaries need to be defined in interaction between staff and child. 
• Install CCTVs in classrooms and in school premises and ensure that their 

feed is monitored. 

• Arrange for regular sessions on personal safety with all children 
• Orient all staff members on detecting the warning signs of sexual abuse 

among children. 

• Train all staff members and support staff on  child sexual abuse  prevention. 
• Try and recruit a full time counselor or a visiting counselor to the school.
• Internal vigilance committee may be constituted.
• Ensure children leave school only with parents or authorized personnel.

Child Protection Policy

SEXUAL ASSAULT/ RAPE

Sexual assault, a form of sexual violence, is a term often used synonymously with rape. However, sexual assault could include anything from touching another person's body in a sexual way without the person's consent to forced sexual intercourse --- oral and anal sexual acts, child molestation, fondling and attempted rape.

5

The Protection of Children from Sexual Offences Act, 2012. (Notified on 29^th June, 2012)

• Section 3 of this act, describes, “Penetrative sexual act”, if-

- he penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or

- he inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or

- he manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or

- he applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person.

​

6

7

Section 5 - Aggravated penetrative sexual assault:

(f) whoever being on the management or staff of an educational institution or religious institution, commits penetrative sexual assault on a child in that institution;

Section 7 - Sexual assault

Whoever, with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person, or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault.

Section 9 - Aggravated sexual assault

(f) whoever being on the management or staff of an educational institution or religious institution, commits sexual assault on a child in that institution; or

8

Section 11 - Sexual harassment

A person is said to commit sexual harassment upon a child when such person with sexual intent,-- (i) utters any word or makes any sound, or makes any gesture or exhibits any object or part of body with the intention that such word or sound shall be heard, or such gesture or object or part of body shall be seen by the child; or (ii) makes a child exhibit his body or any part of his body so as it is seen by such person or any other person; or (iii) shows any object to a child in any form or media for pornographic purposes; or (iv) repeatedly or constantly follows or watches or contacts a child either directly or through electronic, digital or any other means; or (v) threatens to use, in any form of media, a real or fabricated depiction through electronic, film or digital or any other mode, of any part of the body of the child or the involvement of the child in a sexual act; or (vi) entices a child for pornographic purposes or gives gratification therefore.

9

Section 15 - Punishment for storage of pornographic material involving child

Section 16 - Abetment of an offence: A person abets an offence, who-- First.--Instigates any person to do that offence; or Secondly.--Engages with one or more other person or persons in any conspiracy for the doing of that offence, or Thirdly.--Intentionally aids, by any act or illegal omission, the doing of that offence.

Section 18 - Punishment for attempt to commit an offence

10

Section 19 - Reporting of offences:

1. Not withstanding anything contained in the Code of Criminal Procedure, 1973(2 of 1974), any person (including the child), who has apprehension that in offence under this Act is likely to be committed or has knowledge that such an offence has been committed, he shall provide such information to,-- (a) the Special Juvenile Police Unit; or (b) the local police.
2. (7) No person shall incur any liability, whether civil or criminal, for giving the information in good faith for the purpose of sub-section (1).

11

Section 20 Any personnel of the media or hotel or lodge or hospital or club or studio or photographic facilities, by whatever name called, irrespective of the number of persons employed therein, shall, on coming across any material or object which is sexually exploitative of the child

12

Section 21 - Punishment for failure to report or record a case: Any person, who fails to report the commission of an offence under subsection (1) of section 19 or section 20 or who fails to record such offence under sub-section (2) of section 19 shall be punished with imprisonment of either description which may extend to six months or with fine or with both.

(2) Any person, being in-charge of any company or an institution (by whatever name called) who fails to report the commission of an offence under sub-section (1) of section 19 in respect of a subordinate under his control, shall be punished with imprisonment for a term which may extend to one year and with fine.

13

Procedure regarding care and protection of child.––

(1) Where any Special Juvenile Police Unit (hereafter referred to as “SJPU”) or the local police receives any information under sub-section (1) of section19 of the Act from any person including the child, the SJPU or local police receiving the report of such information shall forthwith disclose to the person making the report, the following details:- his or her name and designation; the address and telephone number;

the name, designation and contact details of the officer who supervises the officer receiving the information.

(2) If any such information regarding the commission of an offence under the provisions of the Act is received by the child helpline-1098, the child helpline shall immediately report such information to SJPU or Local Police.

14

​

Where an SJPU or the local police, as the case may be, receives information in accordance with the provisions contained under sub-section (1) of section 19 of the Act in respect of an offence that has been committed or attempted or is likely to be committed, the authority concerned shall, where applicable, –– (a) proceed to record and register a First Information Report as per the provisions of section154 of the Code of Criminal Procedure, 1973 (2 of 1974), and furnish a copy thereof free of cost to the person making such report, as per sub-section (2) of section154 of that Code; (b) where the child needs emergency medical care as described under sub-section (5) of section 19 of the Act or under these rules, arrange for the child to access such care, in accordance with rule 6;

15

(c) take the child to the hospital for the medical examination in accordance with section 27 of the Act; (d) ensure that the samples collected for the purposes of the forensic tests are sent to the forensic laboratory immediately; (e) inform the child and child’s parent or guardian or other person in whom the child has trust and confidence of the availability of support services including counselling, and assist them in contacting the persons who are responsible for providing these services and relief; (f) inform the child and child’s parent or guardian or other person in whom the child has trust and confidence as to the right of the child to legal advice and counsel and the right to be represented by a lawyer, in accordance with section 40 of the Act.

• CONSENT OF THE VICTIM
• 1. As per the provision of Section 89 and 90 of the IPC, the Victim can give consent for the medical examination if her age is more than 12 years.
• 2. If the Parents of the child is against her welfare then the Child Welfare Committee should be informed who has the responsibility to take care of the Child under Juvenile Justice Act, 2015. 

​

​

16

Section 228 A, IPC- Disclosure of Identity of the victims of certain offences etc.

• Disclosure of identity of the victim of certain offences etc.—(1) Whoever prints or publishes the name or any matter which may make known the identity of any person against whom an offence under section 376, section 376A, section 376B, section 376C or section 376D is alleged or found to have been committed (hereafter in this section referred to as the victim) shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.

​

Section 202 IPC

• Whoever, knowing or having reason to believe that an offence has been committed, intentionally omits to give any information respecting that offence which he is legally bound to give, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both

18

Section 201 IPC

• Causing disappearance of evidence of offence, or giving false information to screen offender.—Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear, with the intention of screening the offend­er from legal punishment, or with that intention gives any infor­mation respecting the offence which he knows or believes to be false; if a capital offence.—shall, if the offence which he knows or believes to have been committed is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; if punishable with imprisonment for lif

19

20

MINISTRY OF WOMEN AND CHILD DEVELOPMENT NOTIFICATION New Delhi, the 9th March, 2020

the Protection of Children from Sexual Offences Rules, 2020

Awareness generation and capacity building.––

(1) The Central Government, or as the case may be, the State Government shall prepare age-appropriate educational material and curriculum for children, informing them about various aspects of personal safety, including–– (i) measures to protect their physical, and virtual identity; and to safeguard their emotional and mental wellbeing; (ii) prevention and protection from sexual offences; (iii) reporting mechanisms, including Child helpline-1098 services; (iv) inculcating gender sensitivity, gender equality and gender equity for effective prevention of offences under the Act.

21

2. Suitable material and information may be disseminated by the respective Governments in all public places also be disseminated in suitable form in virtual spaces such as internet and social media.

3. The Central Government and every State Government shall take all suitable measures to spread awareness about possible risks and vulnerabilities, signs of abuse, information about rights of children under the Act along with access to support and services available for children

22

​

​

4. Any institution housing children or coming in regular contact with children including schools, creches, sports academies or any other facility for children must ensure a police verification and background check on periodic basis, of every staff, teaching or non-teaching, regular or contractual, or any other person being an employee of such Institution coming in contact with the child.

23

• The respective Governments shall formulate a child protection policy based on the principle of zero-tolerance to violence against children, which shall be adopted by all institutions, organizations, or any other agency working with, or coming in contact with children.
• The Central Government and every State Government shall provide periodic trainings including orientation programmes, sensitization workshops and refresher courses to all persons, whether regular or contractual, coming in contact with the children, to sensitize them about child safety and protection and educate them regarding their responsibility under the Act.
• Orientation programme and intensive courses may also be organized for police personnel and forensic experts for building their capacities in their respective roles on a regular basis.

24

The Cigarettes and Other Tobacco Products Act, 2003 or COTPA, 2003

• Section 4: Prohibition of smoking in a public place.–No person shall smoke in any public place. Fine upto Rs.200 under section 21
• Section 6: Prohibition on sale of cigarette or other tobacco products to a person below the age of eighteen years and in particular area.–No person shall sell, offer for sale, or permit sale of, cigarette or any other tobacco product– (a) to any person who is under eighteen years of age, and (b) in an area within a radius of one hundred yards of any educational institution. Fine upto Rs.200 under section 24

​

25

“

• Juvenile Justice Act Section 77: Giving or causing to give any addictive substance including tobacco to minors
• Upto 1 lakh fine and 7 years imprisonment
• Section 268 IPC: Creating Public nuisance which causes any common injury, danger or annoyance to the public fine up to Rs 200.
• Section 278 IPC: Making atmosphere noxious to health. fine up to Rs 500.

​

26

“

• Following persons shall be authorized to impose and collect the fine against the violation of Section 4: College / School/Headmaster Principal/Teacher Respective Educational Institutions
• Following persons shall be authorized to impose and collect the fine against the violation of Section 6 (a & b): Principal or Headmaster or In-Charge of an Educational Institution/ Director or Joint Director Department of Health, and Department of Education in the State Government

​

27

Guidelines for Tobacco Free Educational Institution

“

28

LEGAL ISSUES IN SUICIDE

​

The Madras high court has directed the Tamil Nadu government to come up with a policy to appoint psychologists in every district to create a healthy atmosphere for school children. The court also asked the media to show restraint while reporting on suicides by children.

Justice N Sathish Kumar passed the order considering the series of school students suicides reported in the state�

29

“107. Abetment of a thing - A person abets the doing of a thing, who— First.—Instigates any person to do that thing; or Secondly.—Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or Thirdly.—Intentionally aids, by any act or illegal omission, the doing of that thing.

Section 107 IPC

30

It is not only a moral duty of a teacher but one of the legally assigned duty under Section 24 (e) of the Right of Children to Free and Compulsory Education Act, 2009 to hold regular meetings with the parents and guardians and apprise them about the regularity in attendance, ability to learn, progress made in learning and any other act or relevant information about the child.

GEO VARGHESE vs THE STATE OF RAJASTHAN & ANR CRIMINAL APPEAL NO. 1164 OF 2021: IN THE SUPREME COURT OF INDIA: CRIMINAL APPELLATE JURISDICTION

31

If, a student is simply reprimanded by a teacher for an act of indiscipline and bringing the continued act of indiscipline to the notice of Principal of the institution who conveyed to the parents of the student for the purposes of school discipline and correcting a child, any student who is very emotional or sentimental commits suicide, can the said teacher be held liable for the same and charged and tried for the offence of abetment of suicide under section 306 IPC.

Our answer to the said question is 'No'

Thank you

32