In a move that could help reduce cases of sexual abuse in the country, the women and child development (WCD) ministry has decided to make reporting of such cases mandatory, in contrast to the standing committee recommendations which had asked the ministry to limit the reporting to certain specific persons.
In fact, according to the WCD, any person who fails to report the offence shall be punished with imprisonment or with fine or both.
While, the provision — on the mandatory aspect of reporting of child abuse cases — was objected with some of the stakeholders suggesting to delete the clause altogether. The standing committee, in its report on Protection of Children from sexual offences Bill 2011, had said that universal mandatory reporting cannot be considered “practical”. “It might act as counter productive for the child victims themselves. For instance, if the parents choose not to report the matter to the police for the sake of protecting the child from social stigma, they would be seriously handicapped even to seek medical help for the victim,” said the report. It had, therefore, suggested that reporting be made limited to certain persons, like any child care custodian, health or medical practitioners, child protection agency employees any establishment employing persons below the age of 18 years.
The committee had, therefore, recommended necessary modification in the clause. However, the ministry has decided to retain the provision.
The ministry’s view is backed by a study on child abuse which suggested that more than 50 per cent of the abusers were reported to be known to the child or were people who were in a position of trust to responsibility with respect to the child. While the stakeholders had suggested that reporting on the part of the child should be made ‘optional” the WCD has decided that, “Where the report is given by the child, the same shall be recorded,” said the draft bill. “This will expected to reduce such offences. We do not want to exempt any member of the family, if they fail to report such case,” said a senior official in the ministry.
The draft bill will now go to the Cabinet with the new amendments. The ministry has also decided to introduce trafficking of minors for sexual abuse as an offence under the bill.