Enfold Proactive Health Trust Creating Safe Spaces Creating systems to respond to children who report sexual violence, in an evolving criminal justice system in India Presented by Kushi Kushalappa ISPCAN 2018, PRAGUE Working for child
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Presentation Transcript
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Enfold Proactive Health Trust Creating Safe Spaces Creating systems to respond to children who report sexual violence, in an evolving criminal justice system in India
Presented by Kushi Kushalappa
ISPCAN 2018, PRAGUE Working for child safety and gender empowerment since 2001<br>
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Child sexual abuse in India – issue at large Magnitude of sexual abuse of children in India - National Study in 2007 MWCD*
53% children face sexual abuse
More boys face sexual abuse than girls
3.4% incidents were reported to police
Profile of abusers: 50% known to child
In 2016, over 36,000 cases were registered under POCSO Act
According to Crime in India (NCRB+) conviction rate in 2016 was 29.6%
*MWCD: Ministry of Women and Child Development
+ NCRB: National Crime Records Bureau 2<br>
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Child sexual abuse in India – cultural context Beliefs:
Discussing sex or sexuality with children/adolescent inappropriate
Family and personal honor linked to ‘purity’ of girls
Boys who talk about abuse are labelled weak, homosexual
Lack of awareness on reporting mechanisms, provisions of law and available services
Low regard for confidentially and privacy of individual
Low levels of trust in criminal justice system 3<br>
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Challenges in the system Lack of specialized investigating teams
Inadequate infrastructure at hospitals, police stations, courts
Delay in reporting incidents to authorities
About 50% of cases are of consensual adolescent sexual relationships - misuse of mandatory reporting by families
Volume of cases vis-a-vis staffing
Lack of information on status of case – families relocate, move on, turn ‘hostile’ 4<br>
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Existing systems 1/2 Protection of Children from Sexual Offences
(POCSO) Act – Enacted in 2012
Gender Neutral Act
Defines various forms of sexual offences against children
Defines child-friendly procedures in investigation, medical intervention and trial
Defines timeframes for investigation and trial
Penal provisions for police failing to register cases
Penal provisions for doctors refusing medical care
Provides for Support Persons to help child and family through psycho-social and medico-legal processes 5<br>
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Existing systems 2/2 One Stop Centers across all districts – multi-disciplinary response to sexual violence
Special courts at district-level
Training programs for police, medical personnel, child protection functionaries, judiciary, media
Schemes for victim compensation
Child Welfare Committees to respond to children in need of care and protection 6<br>
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Improving systemic responses 1/2 Convergence between police, doctors, prosecutors, child protection functionaries – to strengthen MDT* approach
Creating a cadre of specially trained personnel for interviewing children – age and developmentally appropriate
On-going training on case management: police, prosecutors, doctors, judges
Create Standard Operating Procedures for all stakeholders
*MDT: Multi-Disciplinary Team 7<br>
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Improving systemic responses 2/2 Criminal Justice System:
Strengthen Review Committees to understand lapses in investigation and prosecution which lead to acquittals
Monitor implementation of POCSO Act by National and State Commissions for Protection of Child Rights
Enforce POCSO provisions for police to inform child and family on status of investigation and trial, bail of accused, existing services
Rehabilitation:
Increase number of trained mental health professionals to address emotional and psychological needs of children
Improve rehabilitation and reintegration programs for children and families
Smiplify process for timely victim compensations 8<br>
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Strengthening prevention and response Mandatory awareness and prevention programs in schools and communities
Curricula for medical, legal, social work, teachers and police to include
Information on child sexual abuse
POCSO Act and relevant government guidelines
Roles and responsibilities of each stakeholder
Bringing in accountability into the system 9<br>
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Thank You Enfold Proactive Health Trust enfoldindia.org +91 99000 94251 Surakshith App: Information, stories on personal safety for children Bal Suraksha App: Information on answering children’s questions, and managing CSA Stri Suraksha App: On crimes against women, laws, intervention and healing techniques All Apps in 11 languages, free on android 10<br>
