ABSTRACT This paper will be exploring how a right of a child is beingdeprived and how their rights is being exploited.
Child are the future of tomorrow.The main focus of this researchpaper would be on sexual exploitation.The law of the nation,India would be explored, criticallyanalyzed and evaluated on their working of the law which governs the law.
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The statusof child exploitation is given a brief description.This research paper will beoutlining the new civil definition of sexual exploitation.Infurtherance the research will be stating the facts and figures ofinternational organization such as UDHR,UNDP etc .Child exploitation’s two maincauses which are poverty and illiteracyis researched and an analyses is givenfor them respectively.
INTRODUCTION Humanright is known to be the real gem of an individual’s life but do a individualgets their rights and can they express their rights. Child is considered to bethe one of the most vulnerable class in society to be exploited,the innocenceof their mind is pure and it is taken away by the burden of fulfillingdifferent things for other people’s.Child abuse consist of all the factors like physical mistreatment,social mistreatment,mental mistreatment of a child, orneglecting child, looking at the point of view of a relationship of responsibility which resulting in harm to the child . Neglect of achild could an be evidence for continues misconduct or a single incident or omission that declares,or should reasonably be expected to result in, serious physical or mental hurt or a substantial risk of death tothe child. Neglect can consist of, but is not limited to, the failure to provide sufficientfood, nutrition, clothing, shelter, supervision and medicine. It could alsocomprise ofthe failure to make a reasonable effort to provide protection to a child from abuse, exploitation or neglect byunknown.
Exploitation of a child refers tothe use of the child in work or other activities for the benefit of others andto the detriment of the child’s physical or mental health, development, andeducation. Exploitation includes, but is not limited to, child labour and childprostitution. Both terms, however, indicate that advantage is being taken ofthe child’s lack of power and status.1 STATUS OF SEXUAL EXPLOITATION Child molestation is the common name for children sexual abuse ,itis a kind of abuse in which someoneuses a child forsexual pleasures. DIfferent kind of child sexual abuse include engagingin sexual simulations with a child.
Childexploitation have different settings, includingat houses,in schools.Marriageof a child is knownto beone of the common sexual abusefor children and it is still prevalent in countries such as INDIA, UNICEF issueda statement that child marriage “showthe most ongoingtype of sexual abuse andexploitation of girl child “.Effects of child sexual abuse can be devastating and it includes, chronicdepression,traumatic,insomnia,early abortion,slow mental development of brainare the few to name,the spirit of a child is broken when they are exploitedsexually .
A more common example which comes to mind in child sexual abuseis family relations ,usually child are sexually exploited by their relativesand they are forced to perform various acts which are humiliating and unethical.The female child are more prone to sexual exploitation by their elder brothersor uncles and incest in performed.2Explaining the factualside of the spectrum the global prevalence of child sexual abuse has beenestimated at 19.7% for femaleand 7.9% for males.Most victims knows their offenders already, approximately30% are relatives of the child, most often brothers, fathers, uncles, orcousins;around 60% are other family members,such as neighbour ,sexual exploitation byan unknown individual are in approximately 10% of child sexual abusecases.
Most child sexual abuse is committed by males, studies on femalechild molesters show that women commit 14% to 40% of offenses reported againstboys and 6% of offenses reported against girls.A Pedophile is a personwho is has a strong feeling to exploit a child sexually, young teenagers areexploited more often .Under the law, childsexual abuse is often used as an vague term describingcriminal and civil offenses in which an adult engages in sexual activity witha minor orexploits a minor for the purpose of sexual gratification.According to Indian law, a child is incapableof giving consent and if a sexual act is done with consent of a child it willstill amount to sexual exploitation of child, and condemns any such action byan adult: “An adult who engages in sexual activity with a child isperforming a criminal and immoral act which never can be considered normal orsocially acceptable behavior.” CAUSES OFSEXUAL EXPLOITATION Povertyand wide spread unawareness about education of child is the major cause ofchild exploitation.With the cases of other families in INDIA their livelihooddepends on the earning of their children, usually economical weaker sectionsell their daughter to prostitution . Particularly when living in campsettings, these traditional wage earners are often unable to find relevant workin their new environment.
Traditional wage earners’ decreased income oftenleads families to seek supplementary income from other members. At the sametime, many children, particularly adolescents, have reached an age where theyare physically able to perform the same work as adults. Many are asked to takeon a greater responsibility for the economic survival of their family, or askedto work for no pay within the home in order to enable other members to work.This work is often performed by girls, spending long hours doing housework andminding younger siblings, and is not only performed unnoticed but impacts theirability to attend school.Girls are deprived from their rights.Which childrenwork, the kinds of work they do, and their working conditions will be affectedby levels of poverty and social inequalities based on gender, ethnicity, age,class and caste. As children and adolescents (and their families) makedecisions concerning whether or not to forgo education in favour of work, theyweigh the importance of earning extra income in the present in relation to thepossibility of securing greater income in the future through education.
Theavailability and relevance of school and vocational training to a child’sprospects of future work therefore affect this decision. Lack of access toadequate education may be a contributing factor to why children work, but evenif education is provided, it may not keep all children from working. In mostsituations, school terms and school times are not adjusted to fit in with thepattern of children’s work. Many children and adolescents are solelyresponsible for themselves and the economic welfare of their families. Whereschooling is not free, some children may have to work in order to earn moneyfor their school fees or expenses (e.g.
books and uniforms). Poverty and lackof education are common reasons why children work, but this does not justifythe condoning of labour that is harmful and exploitative. Parents of workingchildren are often unemployed or underemployed, yet their children are offeredjobs because they accept less pay, are more malleable, and more easilyexploited.
RIGHTSSECURED BY VARIOUS ORGANISATION AND INTERNATIONAL BODIES Article19 of the Convention on the Rights of the Child states that the child has rightto be protected without discrimination, from abuse and neglect ,States partiesshall take all proper legislative actions, administrative actions, socialactions and educational actions to protect child from different kinds ofphysical , mental violence, injury , abuse, neglect, maltreatment orexploitation, including sexual abuse, while in the care of parents, legalguardians or any other person who has the duty and responsibility to take careof the child. In other words, the government is completely responsible for thechild’s well being in every place of care such as homes, colleges. When such agovernment fails to perform its duty, it deprives the child of access to help,and it leads to continuation of mistreatment for a long period of time.Physical coercion against the child willlead to child abuse. According to, punitive coporal punishment, either withinthe family and schools is adverse withthe child’s right to physical forthrightness. According to article 37 “no one is allowed to punish childrenin a cruel and harmful way”, children who break the law should not be treatedcruelly,they should not be put in prisoners with adults, should be able to keepcontact with their families, or should not he sentenced to death or lifeimprisonment without possibility to realize. It was stated by human rightcommittee that coercion and undue influence should also be included and extendsto phenomenal punishment. In respect with punishments in schools, CRC article28(2) states that discipline in school should respect children’s dignity.
Thisincludes article 19 which states that children have the right to be protectedfrom being hurt and mistreated, physically or mentally. Common practices mayneed to be rechecked to notice whether they involve any kind of physical ormental violence. If these practices are beneficial, or harmless thencommunities should be boost to continue them in such a way that they maintaintheir identity and preserving their culture. However some of the practices areharmful for the society, well being and development; most often, female sectionare the ones which was mainly affected by harmful traditional practices. Basicexamples of the practiced harmful tradition are Female Genital Mutilation andearly Childhood marriage as per the concern of UNHCR. These practices areinternationally condemned due to the grave health risks they may require aswell as the human rights principles being violated.
The CRC requires. States totake all effective and appropriate ways to diminish old practices that puts in danger the well beingof a child(article 24(3)). It is the responsibility of the States to denounce violenceagainst women and not invoke any custom, tradition or religious considerationto avoid their duties with respect to its abolishment. The group which mostlyfaces the abuse or are vulnerable to abuse are the Disabled children due totheir difficulties in communication. The UN Standard Rules on the Equalizationof Opportunities of 1994 noted that persons with disabilities are particularlyvulnerable to abuse in the family, community and institutions.
The state hasthe duty to ensure that the child victims of armed conflicts, torture,maltreatment receives correct treatment for their physical and psychologicalrecovert that fosters the health and respect of the child victim as per article39 of CRC. LAWS IN INDIA FOR CHILD SEXUAL EXPLOITATION India is a countries with dynamicand vivid culture but they have the problem to child trafficking, humanexploitation and other illegal works.In India laws governed which gives protection to child sexualexploitation and punishes the criminals are Goa Children’s Act, 2003, is the only specific piece of childabuse legislation before the 2012 Act.Child sexual abuse was prosecuted underthe following sections of INDIAN PENALCODE:However, the IPC could not effectively protectthe child due to various loopholes like:IPC 375 do not protectmale victims or anyone from sexual acts of penetration other than traditional vaginal intercourse.
3IPC 354 does notgives meaning to statutory definition of “modesty”. It carries a weak punishment and is a coImpound offence. Also, it does not protect the modesty of a malechild.4In IPC 377,the term unnatural offences is not defined. It onlyapplies to victims penetrated by their attacker’s sex act, and is not designedto criminalize sexual abuse of children.
5 CONCLUSION Child are the greatest gift of god, and they are the purest sole andtheir innocence is unmatched,but they are exploited by the peopleChildexploitation is a major problem in India and it is still prevalent and needs agreat awareness and strict government implementation of law to bring a end toit.Children’s sexual exploitation hasbeen a problem for India from the start. Suggestion 1.
Child sexual exploitation is a big concern and to stopit,the parents should have a friendly relationship with the child so the parentshould not hesitate on telling the truth.2. Awareness about the sexual exploitation should be agreat concerned to the government,they should invest more on helping people getsensitive about the topic by advertisement3. Individually take initiative to stop sexualexploitation of a child by doing community service and take part in NGO’s which are working for stopping child exploitation 1 Beckett,HolmesD and Walker J. ,Child Sexual Exploitation definition and guide forprofessionals,February 2017 2 3 The Indian Penal Code Act,1860,No.3774The Indian Penal Code Act,1860,No.3755The Indian Penal Code Act,1860,No.345