Study on Child Abuse: INDIA 2007
Ministry of Women and Child Development Government of India © Ministry of Women and Child Development, Government of India 2007
Sketches used in the report have been drawn by Child Respondents Researcher's remarks/observations in the report are from the study itself
Printed by Kriti, New Delhi
Errors and Omissions: The editors and authors have made every attempt to present factual information. Study on Child Abuse INDIA 2007
Ministry of Women and Child Development Government of India
A report prepared by: Dr. Loveleen Kacker, IAS Srinivas Varadan Pravesh Kumar
Supported by: Dr. Nadeem Mohsin Anu Dixit
TABLE OF CONTENTS
Message i
Foreword iii
Preface v
List of Abbreviations viii
1. Introduction 01
2. Research Methodology 11
3. Instruments and Standards for Protection of Child Rights 21
4. Profile of Respondents 33
5. Physical Abuse 41
6. Sexual Abuse 71
7. Emotional Abuse and Girl Child Neglect 103
8. Conclusion and Recommendations 119
9. Annexures 127
10. References 192
Smt. Renuka Chowdhury Minister of State (Independent Charge) Ministry of Women and Child Development Government of India Message
The Honorable President of India, Dr. A. P. J. Abdul Kalam, in his address to the joint session of the Parliament reiterated the government's commitment to women and children:
"The rights of women and children and their aspirations are of paramount importance in our march towards an inclusive and equitable society. Keeping in view the Constitutional provisions and in order to give greater focus to issues relating to women and children, an independent Ministry of Women & Child Development has been created. This emphasizes the importance being given to women as equal partners in development. Landmark legislations that ensure women's safety and protecting them from domestic violence have been enacted. Investment in the well-being of children is an investment in the future of the country. Eradication of malnutrition is receiving topmost priority, including through a rapid expansion of anganwadis whose numbers will reach one million soon. At the same time issues relating to child protection are high on my Government's agenda".
In accordance with the Government of India's commitment to women and children's issues, the Ministry of Women and Child Development was created in early 2006. This move, along with increased allocations for children in the budget of 2007-08, is reflective of our government's commitment towards children. India's children are India's future as the strength of the nation lies in a healthy, protected, educated and well-developed child population that will grow up to be productive citizens of the country.
Child abuse is shrouded in secrecy and there is a conspiracy of silence around the entire subject. In fact there is a well entrenched belief that there is no child abuse in India and certainly there is no sexual abuse in the country. Further, certain kinds of traditional practices that are accepted across the country, knowingly or un-knowingly amount to child abuse. Existing socio-economic conditions also render some children vulnerable and more at risk to abuse, exploitation and neglect. It is about time that we recognize this and take remedial measures. Lack of empirical evidence and qualitative information on the dimensions of child abuse and neglect makes it difficult to address the issue in a comprehensive manner.
My Ministry took the initiative to undertake a Study on Child Abuse to understand the extent and magnitude of child abuse in India. I congratulate the officials for taking this initiative and I also appreciate UNICEF and Save the Children for supporting the study and for partnering the Government's efforts whole heartedly.
The work and dedication of Dr. Loveleen Kacker, Joint Secretary (Child Welfare) and her team must be put on record here. I congratulate all individuals and agencies who contributed to this study. I hope this first study of its kind will lead to heightened awareness and greater response among families, communities and society at large leading to strong interventions and further studies on child protection.
I dedicate this report to the nation with the hope that it will help establish and strengthen policies, programmes and legislations on child protection.
Renuka Chowdhury
i
Smt. Deepa Jain Singh Secretary Ministry of Women and Child Development Government of India Foreword
India is home to almost 19 percent of the world's children. More than one third of the country's population, around 440 million, is below 18 years. According to one assumption 40 percent of these children are in need of care and protection, which indicates the extent of the problem. In a country like India with its multi- cultural, multi-ethnic and multi-religious population, the problems of socially marginalized and economically backward groups are immense. Within such groups the most vulnerable section is always the children. For the Ministry of Women and Child Development the challenge is to reach out to the most vulnerable and socially excluded child of this country and create an environment wherein, not only is every child protected, but s/he also has access to opportunities and education for her/his all round growth and development.
Independent India has taken large strides in addressing issues like child education, health and development. However, child protection has remained largely unaddressed. There is now a realization that if issues of child abuse and neglect like female foeticide and infanticide, girl child discrimination, child marriage, trafficking of children and so on are not addressed, it will affect the overall progress of the country.
Realizing this, the Government of India is focusing on child issues and created a new Ministry of Women and Child Development. MWCD has taken significant steps to address the issue of child protection by setting up a National Commission for the Protection of Child Rights, amending the Juvenile Justice (Care and protection of Children) Act 2000 and the Child Marriage Restraint Act 1929, launching the Integrated Child Protection Scheme (ICPS) and the proposed amendments to the ITPA and the draft Offences against Children (Prevention) Bill.
However, all these efforts need further supplementation through the creation of adequate knowledge base on child protection. In order to address this gap, one of the significant decisions taken by the Ministry was to initiate a National Study on Child Abuse in the year 2005. This study, which is the largest of its kind undertaken anywhere in the world, covered 13 states with a sample size of 12447 children, 2324 young adults and 2449 stakeholders. It looked at different forms of child abuse: Physical Abuse, Sexual Abuse and Emotional Abuse and Girl Child Neglect in five different evidence groups, namely, children in a family environment, children in school, children at work, children on the street and children in institutions. This study was also meant to complement the UN Secretary General's Global Study on Violence against Children, 2006.
I congratulate the Ministry officials and the three partner organisations, UNICEF, Save the Children and Prayas for supporting the Ministry in successfully concluding the study in the stipulated time. I would like to congratulate Dr. Loveleen Kacker, Joint Secretary (Child Welfare) and her team for their unstinting work and commitment in ensuring the completion of this project. I look forward to the implementation of the recommendations of this study which will go a long way in ameliorating the condition of the most needy and vulnerable children of India.
Deepa Jain Singh
iii
Dr. Loveleen Kacker Joint Secretary (Child Welfare) Ministry of Women and Child Development Government of India Preface
Traditionally in India, the responsibility of care and protection of children has been with families and communities. A strong knit patriarchal family that is meant to look after its children well has seldom had the realization that children are individuals with their own rights. While the Constitution of India guarantees many fundamental rights to the children, the approach to ensure the fulfillment of these rights was more needs based rather than rights based. The transition to the rights based approach in the Government and civil society is still evolving.
With the adoption of the rights based approach in the newly created Ministry of Women and Child Development, issues that were hitherto peripheral came to the forefront. It is then that the gaps in child protection became obvious. What emerged was that on the one hand, there were enormous numbers of children needing care and protection, while on the other hand there were not enough schemes or sufficient budgetary allocations to deal with them. It was also observed that to carry the issue of child protection forward there was a need to create an enabling environment through a legislation to address issues of child abuse, make a policy on child protection, formulate interventions and outreach services and create an information base on child protection. The Ministry took the initiative of setting up a National Commission for the Protection of the Rights of the Child, began the process of drafting a bill to prevent offences against children and also to formulate a comprehensive national level scheme to deal with child protection. At this stage, work was hampered by lack of data on offences or crimes against children. The only source of data presently available was with the National Crime Records Bureau. Although this data was useful, it constituted a miniscule of the total crimes/violence committed against children. The reason for this is that very often crimes against children are either not reported or cognizance is not taken and also that some crimes against children are not covered under existing legislations. Though gaps in information were at all levels, child abuse being an issue shrouded in secrecy, emerged as the most burning issue. Thus the Ministry of Women and Child Development initiated a National Study on Child Abuse to understand the extent and magnitude of the problem.
The aim of the study was to develop a comprehensive understanding of the phenomenon of child abuse, with a view to facilitate the formulation of appropriate policies and programmes meant to effectively curb and control the problem of child abuse in India. The National Study on Child Abuse is one of the largest empirical in-country studies of its kind in the world. This study also complements the UN Secretary General's Global Study on Violence against Children 2006.
The initiative of the Ministry to conduct this study was supported by UNICEF and Save the Children. A Delhi based NGO, Prayas was contracted to design and conduct the research and submit a preliminary report. To finalise the methodology, selection of states and districts, selection and appointment of zonal advisors, state project coordinators and investigators, selection and finalization of tools and techniques for data collection and formulation of questionnaires, Prayas constituted a Research Support Team and a Core Research Team. The Zonal Advisors and State Project Coordinators were responsible for ensuring quality and supervising and monitoring the process of data collection. A professional agency - Haryali Centre for Rural Development - was hired for data entry, generation of frequency tables and cross tabulation of data.
After the submission of the preliminary report, the MWCD appointed a Core Committee to review the complete data, analyze the findings and produce the final report along with recommendations.
v The Core Committee started its work by examining the voluminous quantity and quality of data generated by the study. Right at the beginning it was clear that there were impurities in the data in terms of missing data, sample disparity with respect to gender, variations in the state-wise sample within evidence groups as well as within age groups. There was no uniformity in the questionnaires developed for child respondent and young adult respondents, making correlations very difficult. The design of the questionnaire for child respondents itself created difficulties; for example, the way the questions were worded, it was not possible to draw comparisons vis-à-vis incidence of abuse in different socio-economic groups or rural-urban groups. Also the design of the questionnaire was such that all abuse related questions were asked separately without establishing correlation with evidence groups; for example, there is no information gathered on sexual abuse of children in institutional care by caregivers of the institutions. However, wherever possible the Core Committee rationalized the impurities by removing records with large impurities, restricting analysis to intra-state and intra-evidence group rather than inter-state (except where otherwise stated) and wherever possible, highlighting inadequacies of data in the text.
Nevertheless, because of the 135 variables in the questionnaire and the huge sample size an enormous amount of useful data was generated. Once this data was critically looked at, analyzed in detail, correlations established, charts, diagrams generated and conclusions drawn, a lot of significant findings could be derived out of the study. To start with it has provided revealing statistics on the extent and magnitude of various forms of child abuse- an area by and large unexplored. The study has also thrown up data on variations among different age groups, gender variations, state variations and variations within evidence groups. The findings will help to strengthen the understanding of all stakeholders including families, communities, civil society organizations and the state; and pave the way for more informed programming and further research to strengthen protection of children.
MAJOR FINDINGS:
It has very clearly emerged that across different kinds of abuse, it is young children, in the 5-12 year group, who are most at risk of abuse and exploitation.
Physical Abuse
1. Two out of every three children were physically abused. 2. Out of 69% children physically abused in 13 sample states, 54.68% were boys. 3. Over 50% children in all the 13 sample states were being subjected to one or the other form of physical abuse. 4. Out of those children physically abused in family situations, 88.6% were physically abused by parents. 5. 65% of school going children reported facing corporal punishment i.e. two out of three children were victims of corporal punishment. 6. 62% of the corporal punishment was in goverment and municipal school. 7. The State of Andhra Pradesh, Assam, Bihar and Delhi have almost consistently reported higher rates of abuse in all forms as compared to other states. 8. Most children did not report the matter to anyone. 9. 50.2% children worked seven days a week.
Sexual Abuse
1. 53.22% children reported having faced one or more forms of sexual abuse. 2. Andhra Pradesh, Assam, Bihar and Delhi reported the highest percentage of sexual abuse among both boys and girls. 3. 21.90% child respondents reported facing severe forms of sexual abuse and 50.76% other forms of sexual abuse. 4. Out of the child respondents, 5.69% reported being sexually assaulted. vi 5. Children in Assam, Andhra Pradesh, Bihar and Delhi reported the highest incidence of sexual assault. 6. Children on street, children at work and children in institutional care reported the highest incidence of sexual assault. 7. 50% abuses are persons known to the child or in a position of trust and responsibility. 8. Most children did not report the matter to anyone.
Emotional Abuse and Girl Child Neglect
1. Every second child reported facing emotional abuse. 2. Equal percentage of both girls and boys reported facing emotional abuse. 3. In 83% of the cases parents were the abusers. 4. 48.4% of girls wished they were boys.
The gravity of the situation demands that the issue of child abuse be placed on the national agenda. The Ministry on its part has taken measures such as the enabling legislation to establish the National and State Commissions for Protection of Rights of the Child, the Integrated Child Protection Scheme, the draft Offences against Children Bill etc. These are a few important steps to ensure protection of children of the country. But clearly, this will not be enough, the government, civil society and communities need to complement each other and work towards creating a protective environment for children. The momentum gained needs to enhance further discussion on the issue amongst all stakeholders and be translated into a movement to ensure protection of children of this country.
Loveleen Kacker
vii LIST OF ABBREVIATIONS
CDW: Child Domestic Worker CEDAW: Committee on the Elimination of All Forms of Discrimination Against Women CWC: Child Welfare Committee FGM: Female Genital Mutilation FIR: First Information Record FGD: Focus Group Discussion ICPS: Integrated Child Protection Scheme IPC: Indian Penal Code ISPCAN: International Society for the Prevention of Child Abuse and Neglect ITPA: Immoral Trafficking Prevention Act JJB: Juvenile Justice Board MDG: Millennium Development Goals MWCD: Ministry of Women and Child Development NCLP: National Child Labour Projects NCRB: National Crime Records Bureau NGO: Non- Governmental Organization NPAC: National Plan of Action for Children OBC: Other Backward Classes RAHI: Recovering and Healing from Incest SAARC: South Asian Association for Regional Cooperation SITA: Suppression of Immoral Traffic in Women and Girls Act SC: Scheduled Caste ST: Scheduled Tribe SJPU: Special Juvenile Police Unit UN: United Nations CRC: Convention on the Rights of Child UNICEF: United Nations Children's Fund WHO: World Health Organization INDUS: Indo-US Child Labour Project UT: Union Territory NCT: National Capital Territory RGI: Register General of India DISE: District Information System for Education UEE: Universalization of Elementary Education NUEPA: National University of Educational Planning and Administration SRO: Sample Registration Office SRS: Sample Registration System NFHS: Naional Family Health Survey IMR: Infant Mortality Rate MMR: Maternal Mortality Rate DPT: Diphtheria Tetanus Pertussis BCG: Bacillus Calmette Guérin
viii CHAPTER I INTRODUCTION
Study on Child Abuse: India 2007
1.1 BACKGROUND
Child abuse is a state of emotional, physical, economic and sexual maltreatment meted out to a person below the age of eighteen and is a globally prevalent phenomenon. However, in India, as in many other countries, there has been no understanding of the extent, magnitude and trends of the problem. The growing complexities of life and the dramatic changes brought about by socio-economic transitions in India have played a major role in increasing the vulnerability of children to various and newer forms of abuse.
Child abuse has serious physical and psycho-social consequences which adversely affect the health and overall well-being of a child. According to WHO: ''Child abuse or maltreatment constitutes all forms of physical and/or emotional ill-treatment, sexual abuse, neglect or negligent treatment or commercial or other exploitation, resulting in actual or potential harm to the child's health, survival, development or dignity in the context of a relationship of responsibility, trust or power.'' 1
Child abuse is a violation of the basic human rights of a child and is an outcome of a set of inter-related familial, social, psychological and economic factors. The problem of child abuse and human rights violations is one of the most critical matters on the international human rights agenda. In the Indian context, acceptance of child rights as primary inviolable rights is fairly recent, as is the universal understanding of it.
The National Study on Child Abuse undertaken by the Ministry of Women and Child Development, Government of India, in 2005, attempts to understand the extent of the problem, its dimensions as well as its intensity. In addition, it examines two aspects:
(a) Strategies to address the problem of child abuse (b) Identification of areas of further research, based on the findings of the study.
Definition of child abuse
The term 'Child Abuse' may have different connotations in different cultural milieu and socio-economic situations. A universal definition of child abuse in the Indian context does not exist and has yet to be defined. According to WHO2 : Physical Abuse: Physical abuse is the inflicting of physical injury upon a child. This may include burning, hitting, punching, shaking, kicking, beating or otherwise harming a child. The parent or caretaker may not have intended to hurt the child. It may, however, be the result of over-discipline or physical punishment that is inappropriate to the child's age. Sexual Abuse: Sexual abuse is inappropriate sexual behaviour with a child. It includes fondling a child's genitals, making the child fondle the adult's genitals, intercourse, incest, rape, sodomy, exhibitionism and sexual exploitation. To be considered ‘child abuse’, these acts have to be committed by a person responsible for the care of a child (for example a baby-sitter, a parent, or a daycare provider), or related to the child. If a stranger commits these acts, it would be considered sexual assault and handled solely by the police and criminal courts. Emotional Abuse: Emotional abuse is also known as verbal abuse, mental abuse, and psychological maltreatment. It includes acts or the failures to act by parents or caretakers that have caused or could cause, serious behavioural, cognitive, emotional, or mental trauma. This can include parents/caretakers using extreme and/or bizarre forms of punishment, such as confinement in a closet or dark room or being tied to a chair for long periods of time or threatening or terrorizing a child. Less severe acts, but no less damaging, are belittling or rejecting treatment, using derogatory terms to describe the child, habitual tendency to blame the child or make him/her a scapegoat. Neglect: It is the failure to provide for the child's basic needs. Neglect can be physical, educational, or emotional. Physical neglect can include not providing adequate food or clothing, appropriate medical care, supervision, or proper weather protection (heat or cold). It may include abandonment. Educational
3 Study on Child Abuse: India 2007
neglect includes failure to provide appropriate schooling or special educational needs, allowing excessive truancies. Psychological neglect includes the lack of any emotional support and love, never attending to the child, substance abuse including allowing the child to participate in drug and alcohol use.
Working definition of child abuse
For the purpose of this study, the following working definitions of child abuse have been adopted:
Child abuse refers to the intended, unintended and perceived maltreatment of the child, whether habitual or not, including any of the following: Psychological and physical abuse, neglect, cruelty, sexual and emotional maltreatment. Any act, deed or word which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being. Unreasonable deprivation of his/her basic needs for survival such as food and shelter, or failure to give timely medical treatment to an injured child resulting in serious impairment of his/her growth and development or in his/her permanent incapacity or death. Physical abuse is inflicting physical injury upon a child. This may include hitting, shaking, kicking, beating, or otherwise harming a child physically. Emotional abuse (also known as verbal abuse, mental abuse, and psychological maltreatment) includes acts or the failure to act by parents, caretakers, peers and others that have caused or could cause serious behavioural, cognitive, emotional, or mental distress/trauma. Sexual abuse is inappropriate sexual behaviour with a child. It includes fondling a child's genitals, making the child fondle an adult's genitals, sexual assault (intercourse, incest, rape and sodomy), exhibitionism and pornography. To be considered child abuse, these acts have to be committed by a person responsible for the care of a child or related to the child (for example a baby-sitter, parent, neighbour, relatives, extended family member, peer, older child, friend, stranger, or a day-care provider). Child neglect is an act of omission or commission leading to the denial of a child's basic needs. Neglect can be physical, educational, emotional or psychological. Physical neglect entails denial of food, clothing, appropriate medical care or supervision. It may include abandonment. Educational neglect includes failure to provide appropriate schooling or special educational needs. Psychological neglect includes lack of emotional support and love.
1.2 CHILD ABUSE SCENARIO 1.2.1 Child abuse across the globe
The UN Secretary General's Study on Violence against Children3 has given the following overview of the situation of abuse and violence against children across the globe.