Violence Against Children - Types, Its Impact, Constitutional Provisions & Government Initiatives

Injury, sexual abuse, sexual exploitation, careless treatment, or maltreatment of a kid are all considered forms of violence against children. According to the World Health Organization (WHO), this abuse can take many different forms, including neglect or exploitation as well as physical, mental, emotional, and psychological abuse. In India, there are numerous instances of child abuse in both urban and rural settings, in wealthy and impoverished homes, as well as in public places like schools and streets.

All forms of violence, whether committed by parents, other carers, classmates, romantic partners, or strangers, are considered to be violence against children under 18 years. Up to 1 billion children between the ages of 2 and 17 are thought to have experienced physical, sexual, or emotional abuse or neglect in the previous year. Childhood exposure to violence has an effect on one’s health and well-being throughout life. “End abuse, exploitation, trafficking, and all other forms of violence against, and torture of, children,” reads target 16.2 of the 2030 Agenda for Sustainable Development. There is evidence that violence towards children can be avoided from all across the world.

In this article, candidates can learn about the topic “Violence against children”. This forms a major part of the UPSC IAS exam and questions related to this are seen in Mains Paper II in the Indian Society of the above-said examination. Testbook provides comprehensive notes and online classes for UPSC including different competitive examinations.

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Violence Against Children in India

The newest National Crime Records Bureau (NCRB) data show that between 2020 and 2021, crimes against minors increased in India by 16.2%. All states and Union Territories combined registered slightly under 1.5 lakh cases of crimes against minors last year. This covers crimes including child marriage, kidnapping, murder, and sexual abuse of children. Between 2020 and 2021, the overall crime rate increased from 28.9% to 33.6%.

Types of Violence Against Children

One of the six basic categories of interpersonal violence, which frequently occur at various phases in a child’s development, is involved in the majority of crimes against children.

• Maltreatment – Physical, sexual, psychological/emotional, and neglect of infants, children, and adolescents by parents, carers, and other authority figures, most frequently in the home but also settings like schools and orphanages, are all examples of maltreatment (including severe punishment).
• Bullying– Bullying, which includes cyberbullying, is unwelcome hostile behavior displayed by a child or group of children who are not the victim’s sibling or romantic partner. It entails persistent physical, psychological, or social harm and frequently occurs online, in schools, and other places where kids congregate.
• Violence– Youth violence involves bullying and physical assault with or without weapons (such as guns and knives), is concentrated among children and young adults aged 10-29 years, happens most frequently in community settings between friends and strangers, and may entail gang violence.
• Sexual Violence– Physical, sexual, and emotional abuse by a current or former intimate partner constitutes intimate partner violence (also known as domestic violence). Intimate partner violence disproportionately affects women, while men can also become victims. Early/forced marriages and child marriages frequently affect females. It is commonly referred to as “dating violence” among romantically attached but unmarried teenagers.
• Emotional or psychological– Moving restrictions, insults, threats, intimidation, rejection, and other unpleasant non-physical behavior are examples of emotional or psychological abuse toward children.
• Domestic Violence – Physical, sexual, and emotional abuse by a current or former intimate partner constitutes intimate partner violence (also known as domestic violence). Intimate partner violence disproportionately affects women, while men can also become victims. Early/forced marriages and child marriages frequently affect females. It is commonly referred to as “dating violence” among romantically attached but unmarried teenagers.
• Online Violence: The safety of children faces a new threat due to the rapid expansion of internet communication technologies (ICTs). In India, 60 percent of online users are children and young people, highlighting their vulnerability. A 2019 UNICEF U-Report poll revealed that one in three Indian children experienced cyberbullying.
• Structural Violence: Structural violence occurs when large-scale structures perpetuate inequities in power, wealth, privilege, education, and health, leading to harm and suffering. This form of violence is present in societies where institutions and policies create barriers or inequitable access to goods and services for some individuals.

Any of these acts of violence can be categorized as gender-based violence if they are committed against boys or girls due to their biological sex or gender identity.

Read about the National Commission for Child Rights here!

Impact of Violence Against Children

Children’s health and well-being, as well as that of their families, communities, and countries, are negatively impacted by violence against children. Violence against children can lead to the following:

• Death – One of the top four causes of mortality for adolescents is homicide, which frequently involves firearms and knives, with boys making up more than 80% of both victims and offenders.
• Injury – There are hundreds of mostly male victims of juvenile violence who suffer injuries as a result of physical fighting and assault for every homicide.
• Health Risks – Early exposure to violence can have a lasting negative impact on a person’s ability to develop their brain and other aspects of their neurological system, as well as their endocrine, circulatory, musculoskeletal, reproductive, respiratory, and immune systems. As a result, violence towards children can have a severe impact on cognitive development and lead to underperformance in both academics and the workforce.
• Unintended Pregnancies– Cause induced abortions, unwanted pregnancies, gynaecological issues, and sexually transmitted diseases including HIV.
• Non- Communicable Diseases – As children get older, they cause a variety of non-communicable diseases. The unhealthy coping mechanisms and health risk behaviors connected to violence are substantially to blame for the increased risk of cardiovascular disease, cancer, diabetes, and other health disorders.
• Impact of new opportunities – Opportunities and future generations are affected. Children who experience violence and other adversities are more likely to quit school, have trouble getting and keeping a job, and are more likely to become victims of or perpetrators of interpersonal and self-directed violence in the future. This is how violence against children can have an impact on the following generation.

Read about Child Labour in India here!

Constitutional Provisions to Violence Against Children

Various Constitutional Safeguards have been provided to children in order to protect them against violence. Violence against children laws is enumerated in the articles mentioned below.

List of Constitutional Provisions to Violence Against Children
Article	Subject Matter
Article 14	The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India, on grounds of religion, race, caste, sex or place of birth
Article 15	The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them
Article 15(3)	Article 15(3) of the Constitution states: Nothing in this article shall prevent the State from making any special provision for women and children.”
Article 19(1)	Article 19(1) of the Indian Constitution guarantees the citizens the right to freedom in certain areas. It guarantees all the citizens of India their freedom of speech and expression
Article 21	provides for the right to life and personal liberty
Article 21 (a)	The state shall provide free and compulsory education to all children the age of six to fourteen year.
Article 24	No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.
Article 39(f)	Children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and moral and material abandonment
Article 45:	It talks about the provision for free and compulsory education for children. It states that “The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years”.
Article 46	The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation
Article 47	Duty of the State to raise the level of nutrition and the standard of living and to improve public health

Arguments Against the Provisions

Criminologists, sociologists, and members of the legal community disagree on whether or not the death penalty should be used, and this is a contentious topic.

• According to the Law Commission of India‘s findings on the death penalty, there is no evidence to show that the death penalty is any more deterrent than its alternative—life imprisonment—despite many years of research and discussion.
• The Justice JS Verma committee, which was established following the gang rape and murder case in Delhi in December 2012, came to the conclusion in its report that the death sentence would be a backward step in the area of sentencing and rehabilitation.
• Human Rights Watch is against the execution of criminals in all circumstances. The most destructive demand for rape survivors is the death penalty, which is also the simplest and most convenient to advocate for. It is entirely about vengeance, ignores the criminal justice system’s reformative component, and—most importantly—is said to have only a minimal deterrence effect.
• Some forms of corporal punishment are unconstitutional because they go against the fundamental rights of citizens guaranteed by the Constitution, such as the right to dignity of the human person, which protects people from torture and the obligation to refrain from all forms of inhumane and degrading treatment, which is what corporal punishment typically entails.
• The United States claims that corporal punishment is an outdated, illogical method of imposing discipline. Because of this, the USA and more than 58 other nations have made it illegal to use corporal punishment in most situations.
• Since corporal punishment causes a person to suffer permanent bodily injury and is ineffective, it is fundamentally illogical.

Initiatives Undertaken by the Government of India

Let us understand initiatives taken by the government and some violence against children acts.

• POCSO e- Box – Online method for managing complaints allows for quick and easy reporting of sexual offenses against minors and prompt prosecution of offenders.
• POCSO Act – Through strict legislative requirements, the Protection of Children from Sexual Offenses (POCSO) Act, 2012 combats the crimes of sexual abuse and sexual exploitation of children.
• NCPCR– The National Commission for Protection of Child Rights (NCPCR) makes sure that all laws, policies, and programs are in line with the viewpoint on children’s rights that is reflected in the Indian Constitution and the UN Convention on the Rights of the Child.
• Integrated Child Protection Scheme –Aimed at creating a safe environment for kids in challenging situations through partnerships between the government and civil society.
• Operation Smile– The Ministry of Home Affairs (MHA) launched Operation Smile, also known as Operation MUSKAAN, to find and reunite missing children.
• Right to Education (RTE) Act -The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine
• Beti Bachao, Beti Padhao’s program– Beti Bachao Beti Padhao (BBBP) was launched by the Prime Minister on 22nd January 2015 at Panipat, Haryana. BBBP addresses the declining Child Sex Ratio (CSR) and related issues of women’s empowerment over a life-cycle continuum.

Read about the United Nations Convention on the Rights of Children here!

Way Forward

There should be a focus on helping the abused children’s mental and emotional health as a prelude to fostering their psychological growth in order to eradicate violence against children.

• Since poverty is one of the key contributing factors to child abuse, governments should work to improve the economic standing of families and the nation.
• Sexual education should be made mandatory in schools, and the elementary curriculum should incorporate such programs.
• Organizations like the NCPCR should expand their influence and try to put policy into practice on the ground.
• There is an improper application of the laws prohibiting child labor. India’s states all have a high prevalence of child labor and child begging. laws establishing educational
• For a prompt resolution of children’s problems, grievance redressal procedures, such as suggestion and complaint boxes, should be provided in schools and institutions.
• The government should establish student groups in both public and private schools to raise awareness of child abuse, government policies, and the POCSO Act 2012.
•  Children should have easy access to police and administrative offices, and they should create systems for holding workshops for kids at the local levels.
• Governmental and non-governmental organizations, including schools and universities, should organize awareness programs and seminars on a greater scale.

Read about Child Labour Prohibition Rights Here!

Conclusion

While there is no doubt that there has been a rise in violence against children, it is important to know how these crimes affect the country’s inclusive development and overall growth along with the initiatives taken by the government of India to mitigate the issue. The many forms of abuse experienced by Indian children, emphasize the urgent need to implement the sector’s long-overdue reforms.

This article aims to demonstrate how violence against children not only harms a child’s productivity but also ruins their socialization process. Therefore, it is imperative that society answer the call to safeguard and enrich their infancy. This would not only enable youngsters to participate more actively in the creative process.

Read about UNICEF here!

Previous Year UPSC Questions on Violence Against Children

Q1. The Right of Children to Free and Compulsory Education Act, 2009 remains inadequate in promoting an incentive-based system for children’s education without generating awareness about the importance of schooling. Analyze. 2022

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