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Protection of Children from Sexual Offences Act

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117-512: Child sexual abuse laws in India have been enacted as part of the child protection policies of India. The Parliament of India passed the ' Protection of Children Against Sexual Offences Bill (POCSO), 2011 ' regarding child sexual abuse on 22 May 2012, making it an Act. A guideline was passed by the Ministry of Women and Child Development, India . The rules formulated by the government in accordance with

234-567: A "cycle of violence", because most of the research done was retrospective—abusers were asked if they had experienced past abuse. Even the majority of studies found that most adult sex offenders said they had not been sexually abused during childhood, but studies varied in terms of their estimates of the percentage of such offenders who had been abused, from 0 to 79 percent. More recent prospective longitudinal research—studying children with documented cases of sexual abuse over time to determine what percentage become adult offenders—has demonstrated that

351-403: A 113% increase. Male and female victims were similarly affected. Navalta et al. (2006) found that the self-reported math Scholastic Aptitude Test scores of their sample of women with a history of repeated child sexual abuse were significantly lower than the self-reported math SAT scores of their non-abused sample. Because the abused subjects' verbal SAT scores were high, they hypothesized that

468-450: A child (whether by asking or pressuring, or by other means), indecent exposure , child grooming , and child sexual exploitation , such as using a child to produce child pornography . CSA is not confined to specific settings; it permeates various institutions and communities. CSA affects children in all socioeconomic levels, across all racial, ethnic, and cultural groups, and in both rural and urban areas. In places where child labor

585-559: A child is performing a criminal and immoral act which never can be considered normal or socially acceptable behavior." Child sexual abuse can result in both short-term and long-term harm, including psychopathology in later life. Indicators and effects include depression , anxiety , eating disorders , poor self-esteem , somatization , sleep disturbances , and dissociative and anxiety disorders including post-traumatic stress disorder . While children may exhibit regressive behaviours such as thumb sucking or bedwetting ,

702-562: A child, but child sexual offenders are not pedophiles unless they have a strong sexual interest in prepubescent children. Under the law, child sexual abuse is often used as an umbrella term describing criminal and civil offenses in which an adult engages in sexual activity with a minor or exploits a minor for the purpose of sexual gratification. The American Psychological Association states that "children cannot consent to sexual activity with adults", and condemns any such action by an adult: "An adult who engages in sexual activity with

819-662: A client at home at the discretion of the provider. However, this labelling guidance is being interpreted to say that MA drugs cannot be sold in retail. The CDSCO guidance contravenes the MTP Rules, which allows prescription of MA drugs. Community health workers bridge the gap between community and the health system. ASHA's play a significant role in provision of information about health services, establishing linkage between and health facilities, providing community level health care and as an activist, building people's understanding of health rights and enables them to access their entitlements at

936-425: A concerted effort to address CSA, yet the complex challenges that persist underscore the urgent need for continued advocacy, collaboration, and resource allocation to protect children and eradicate this pervasive threat to their well-being. Offenders are more likely to be relatives or acquaintances of their victim than strangers. A 2006–07 Idaho study of 430 cases found that 82% of juvenile sex offenders were known to

1053-511: A family member, friend or acquaintance." One in six perpetrators is underage. Early research in the 1970s and 1980s began to classify offenders based on their motivations and traits. Groth and Birnbaum (1978) categorized child sexual offenders into two groups, "fixated" and "regressed". Fixated were described as having a primary attraction to children, whereas regressed had largely maintained relationships with other adults, and were even married. This study also showed that adult sexual orientation

1170-478: A highly significant capacity to damage the young person. One researcher stated that more than 70% of abusers are immediate family members or someone very close to the family. Another researcher stated that about 30% of all perpetrators of sexual abuse are related to their victim, 60% of the perpetrators are family acquaintances, like a neighbor, babysitter or friend and 10% of the perpetrators in child sexual abuse cases are strangers. A child sexual abuse offense where

1287-832: A hotline for reporting and responding to incidents of child sexual exploitation. Despite advancements in understanding and addressing CSA, a more comprehensive and coordinated approach is needed to effectively combat this deeply concerning issue and ensure the safety and well-being of all children. Legislative efforts like the Child Abuse Prevention and Treatment Act (CAPTA), originally enacted in 1974 and subsequently amended, provide federal funding and guidance to states for prevention, investigation, and treatment activities. Erin’s Law, enacted in 38 states, mandates prevention-oriented CSA programs in public schools, illustrating ongoing efforts to address this critical issue at both federal and state levels. These legislative measures demonstrate

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1404-486: A key component under the National Health Mission to provide ASHAs with information on relevant topics. Information on CAC and related topics is available in three of seven modules: CAC service is an integral component of the maternal health programme under NHM. However, awareness among men and women about legality as well as availability of abortion services is very low. IDF too has conducted studies to understand

1521-733: A lack of sufficient vaginal fluid , chances of infections can heighten depending on the age and size of the child. Vaginitis has also been reported. Research has shown that traumatic stress, including stress caused by sexual abuse, may cause notable changes in brain functioning and development. Various studies have suggested that severe child sexual abuse may have a deleterious effect on brain development. Ito et al. (1998) found "reversed hemispheric asymmetry and greater left hemisphere coherence in abused subjects;" Teicher et al. (1993) found that an increased likelihood of "ictal temporal lobe epilepsy-like symptoms" in abused subjects; Anderson et al. (2002) recorded abnormal transverse relaxation time in

1638-430: A medical doctor, defined the different stages the victims of child sexual abuse go through, called child sexual abuse accommodation syndrome . He suggested that children who are victims of sexual abuse display a range of symptoms that include secrecy, helplessness, entrapment, accommodation, delayed and conflicted disclosure and recantation. Adults who have been sexually abused as children often present for treatment with

1755-465: A method of choice for women seeking CAC services. World over, women prefer to adopt MMA while seeking safe abortion services given the confidentiality and safety it offers to them. However, the unavailability of drugs has hindered access to safe abortions across India. Foundation for Reproductive Health Services India (FRHS India) published a research report on the Availability of Medical Abortion Drugs in

1872-518: A move away from use of the term child prostitution , the concept of exchange, which made child sexual exploitation different from child sexual abuse, referred to financial gain only. However, in the years since the birth of the concept of child sexual exploitation, the notion of exchange has been widened to include other types of gain, including love, acquisition of status and protection from harm. Children who received supportive responses following disclosure had less traumatic symptoms and were abused for

1989-553: A national consultation was held which was attended by a range of stakeholders further emphasized the need for amendments to the MTP Act. In 2014, MoHFW shared the Medical Termination of Pregnancy Amendment Bill 2014 in the public domain. The proposed amendments to the MTP Act were primarily based on increasing the availability of safe and legal abortion services for women in the country. Expanding provider base : In order to increase

2106-447: A resource for sexual activity with a child. Prior to 2009, the term commonly used to describe child sexual exploitation was child prostitution . The term child sexual exploitation first appeared in government guidance in 2009 as part of an attempt to promote an understanding that children involved in exploitation were victims of abuse rather than criminals. Because early definitions of child sexual exploitation were created to foster

2223-476: A secondary mental health issue, which can include substance abuse , eating disorders , personality disorders , depression , and conflict in romantic or interpersonal relationships. Generally, the approach is to focus on the present problem, rather than the abuse itself. Treatment is highly varied and depends on the person's specific issues. For instance, a person with a history of sexual abuse and severe depression would be treated for depression . However, there

2340-402: A shorter period of time than children who did not receive support. In general, studies have found that children need support and stress-reducing resources after disclosure of sexual abuse. Negative social reactions to disclosure have been found to be harmful to the survivor's well-being. One study reported that children who received a bad reaction from the first person they told, especially if

2457-400: A strong risk factor, but research does not show a causal relationship, as the vast majority of sexually abused children do not grow up to be adult offenders, nor do the majority of adult offenders report childhood sexual abuse. The US Government Accountability Office concluded, "the existence of a cycle of sexual abuse was not established." Before 1996, there was greater belief in the theory of

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2574-550: A three and half-year's degree and registered with the Nursing Council of India, into the base of legal providers for abortion services. In addition, it has also been recommended that Auxiliary Nurse Midwives (ANM) posted at high case load service delivery points be included as legal providers of MMA only. These recommendations are supported by two Indian studies that conclude abortions can safely and effectively be provided by nurses and AYUSH practitioners. Provisions to increase

2691-406: A typical program might involve training in self-control, social competence and empathy, and use cognitive restructuring to change views on sex with children. The most common form of this therapy is relapse prevention , where the patient is taught to identify and respond to potentially risky situations based on principles used for treating addictions. The evidence for cognitive behavioral therapy

2808-495: A variety of offences under which an accused can be punished. It recognizes forms of penetration other than penile-vaginal penetration and criminalizes acts of immodesty against children too. Offences under the act include: The act is gender-neutral, both for children and for the accused. With respect to pornography, the act also criminalizes watching or collection of pornographic content involving children. The Act makes abetment (encouragement) of child sexual abuse an offence. In 2019,

2925-499: Is a need for standards, guidelines and standard operating procedures. The Government of India has taken several measures to ensure the implementation of the MTP Act and make CAC services available to women. Some of them include: MMA is a method of termination of pregnancy using a combination of drugs. These drugs have been approved for use in India by the Drug Controller General of India . MMA has been globally recognized as

3042-543: Is a need to strengthen women's access to CAC services and preventing deaths and disabilities faced by them. The last large-scale study on induced abortion in India was conducted in 2002 as part of the Abortion Assessment Project. The studies as part of this project estimated 6.4 million abortions annually in India. The Medical Termination of Pregnancy (MTP) Act, 1971 provides the legal framework for making CAC services available in India. Termination of pregnancy

3159-524: Is a purely biological one, and does not take into account people who live with intellectual and psycho-social disability. A recent case in SC had been filed where a woman, whose biological age was 38 years but her mental age was 6 years, was raped. The victim's advocate argued that "failure to consider the mental age will be an attack on the very purpose of act." SC held that the Parliament has felt it appropriate that

3276-792: Is also supported by prior research studies. The feeling of being "cut-off" from peers and "emotional numbness" are both results of CSA and highly inhibit proper social functioning. Furthermore, PTSD is associated with higher risk of substance abuse as a result of the "self-medication hypothesis" and the "high-risk and susceptibility hypothesis". Besides dissociative identity disorder (DID), post-traumatic stress disorder (PTSD), and complex post-traumatic stress disorder (C-PTSD), child sexual abuse survivors may present borderline personality disorder (BPD) and eating disorders such as bulimia nervosa . Because child sexual abuse often occurs alongside other possibly confounding variables, such as poor family environment and physical abuse, some scholars argue it

3393-461: Is being terminated is required. However, in case of a minor i.e. below the age of 18 years, or a woman with mental illness, consent of guardian (MTP Act defines guardian as someone who has the care of the minor. This does not imply that only parent/s are required to consent.) is required for termination. The MTP Rules, 2003 prescribe that consent needs to be documented on Form C as detailed below: The MTP Act details that for terminations up to 12 weeks,

3510-618: Is common, CSA is not restricted to one individual setting; it passes through a multitude of institutions and communities. This includes but is not limited to schools, homes, and online spaces where adolescents are exposed to abuse and exploitation. Child marriage is one of the main forms of child sexual abuse; UNICEF has stated that child marriage "represents perhaps the most prevalent form of sexual abuse and exploitation of girls". The effects of child sexual abuse can include depression , post-traumatic stress disorder , anxiety , complex post-traumatic stress disorder , and physical injury to

3627-657: Is difficult to assess due to secrecy and privacy; some estimates state that 20 million Americans have been victimized by parental incest as children. Child sexual abuse involves a variety of sexual offenses, such as: Commercial sexual exploitation of children (CSEC) is defined by the Declaration of the First World Congress against Commercial Sexual Exploitation of Children, held in Stockholm in 1996, as "sexual abuse by an adult accompanied by remuneration in cash or in kind to

Protection of Children from Sexual Offences Act - Misplaced Pages Continue

3744-582: Is greater if the abuser is a relative, if the abuse involves intercourse or attempted intercourse, or if threats or force are used. The level of harm may also be affected by various factors such as penetration, duration and frequency of abuse, and use of force. The social stigma of child sexual abuse may compound the psychological harm to children, and adverse outcomes are less likely for abused children who have supportive family environments. Child abuse , including sexual abuse, especially chronic abuse starting at early ages, has been found to be related to

3861-662: Is important to control for those variables in studies which measure the effects of sexual abuse. In a 1998 review of related literature, Martin and Fleming state "The hypothesis advanced in this paper is that, in most cases, the fundamental damage inflicted by child sexual abuse is due to the child's developing capacities for trust, intimacy, agency and sexuality, and that many of the mental health problems of adult life associated with histories of child sexual abuse are second-order effects." Other studies have found an independent association of child sexual abuse with adverse psychological outcomes. Kendler et al. (2000) found that most of

3978-472: Is less or it is under-reported by a greater margin. Similarly, some argue that sibling incest may be as common, or more common, than other types of incest: Goldman and Goldman reported that 57% of incest involved siblings; Finkelhor reported that over 90% of nuclear family incest involved siblings; while Cawson et al. show that sibling incest was reported twice as often as incest perpetrated by fathers/stepfathers. Prevalence of parental child sexual abuse

4095-733: Is mixed. A 2012 Cochrane Review of randomized trials found that CBT had no effect on risk of reoffending for contact sex offenders. Meta-analyses in 2002 and 2005, which included both randomized and non-randomized studies, concluded that CBT reduced recidivism. There is debate over whether non-randomized studies should be considered informative. More research is needed. Behavioral treatments target sexual arousal to children, using satiation and aversion techniques to suppress sexual arousal to children and covert sensitization (or masturbatory reconditioning) to increase sexual arousal to adults. Behavioral treatments appear to have an effect on sexual arousal patterns during phallometric testing, but it

4212-443: Is mixed. A 2012 Cochrane Review of randomized trials found that CBT had no effect on risk of reoffending for contact sex offenders. Meta-analyses in 2002 and 2005, which included both randomized and non-randomized studies, concluded that CBT reduced recidivism. There is debate over whether non-randomized studies should be considered informative. More research is needed. Child sexual abuse prevention programmes were developed in

4329-403: Is not known whether the effect represents changes in sexual interests or changes in the ability to control genital arousal during testing, nor whether the effect persists in the long term. For sex offenders with mental disabilities, applied behavior analysis has been used. Medical Termination of Pregnancy Act (1971) Abortion has been legal in India under various circumstances with

4446-702: Is often an emphasis on cognitive restructuring due to the deep-seated nature of the trauma. Some newer techniques such as eye movement desensitization and reprocessing (EMDR) have been shown to be effective. Although there is no known cure for pedophilia, there are a number of treatments for pedophiles and child sexual abusers . Some of the treatments focus on attempting to change the sexual preference of pedophiles, while others focus on keeping pedophiles from committing child sexual abuse, or on keeping child sexual abusers from committing child sexual abuse again. Cognitive behavioral therapy (CBT), for example, aims to reduce attitudes, beliefs, and behaviors that may increase

4563-464: Is permitted for a broad range of conditions up to 20 weeks of gestation as detailed below: The MTP Act specifies — (i) who can terminate a pregnancy; (ii) till when a pregnancy can be terminated; and (iii) where can a pregnancy be terminated. The MTP Rules and Regulations, 2003 detail training and certification requirements for a provider and facility; and provide reporting and documentation requirements for safe and legal termination of pregnancy. As per

4680-542: Is repeated or additional victimization in adolescence and adulthood. A causal relationship has been found between childhood sexual abuse and various adult psychopathologies, including crime and suicide , in addition to alcoholism and drug abuse. Males who were sexually abused as children more frequently appear in the criminal justice system than in a clinical mental health setting. A study comparing middle-aged women who were abused as children with non-abused counterparts found significantly higher health care costs for

4797-412: Is to streamline the process of approving private-sector facilities to provide CAC services and strengthening counseling and post-abortion contraception services in efforts to strengthen quality of care for women seeking CAC services. Prior to this study, the last available estimate for incidence of abortion at 6.4 million abortions per year in India was from the 'Abortion Assessment Project — India'. This

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4914-406: Is used depends on a variety of factors that must be assessed on a case-by-case basis. For instance, treatment of young children generally requires strong parental involvement and can benefit from family therapy. Adolescents tend to be more independent; they can benefit from individual or group therapy. The modality also shifts during the course of treatment; for example, group therapy is rarely used in

5031-616: The Child Protection Services in the United States. Recommendations for healthcare workers, such as primary care providers and nurses , who are often suited to encounter suspected abuse are advised to firstly determine the child's immediate need for safety. A private environment away from suspected abusers is desired for interviewing and examining. Leading statements that can distort the story are avoided. As disclosing abuse can be distressing and sometimes even shameful, reassuring

5148-462: The Act within 24 hours. CWC can appoint a support person for the child who will be responsible for psycho-social well-being of the child. This support person will also liaise with the police, and keep the child and child's family informed about progress in the case. Reporting can be done through the toll free number 1098 . The Act defines a child as a person under the age of 18 years. However, this definition

5265-412: The Act, every crime of child sexual abuse should be reported. If a person who has information of any abuse fails to report, they may face imprisonment up to six months or may be fined or both. Many child rights and women rights organizations have criticized this provision. According to experts, this provision takes away agency of choice from children. There may be many survivors who do not want to go through

5382-588: The Bill was placed in Rajya Sabha and was passed on 16 March 2021 as the MTP Amendment Act 2021. The Amendments are as below: The new rules as per the amendments were announced by the government on October 12. Following are the revised rules as per the amendment act: The MTP Act 1971 provides the legal framework for provision of induced abortion services in India. However, to ensure effective roll-out of services there

5499-472: The CSA-exposed subjects had a consistently higher risk for psychopathologic disorders than their CSA non-exposed twins. A 1998 meta-analysis by Bruce Rind et al. generated controversy by suggesting that child sexual abuse does not always cause pervasive harm, that girls were more likely to be psychologically harmed than boys, that some college students reported such encounters as positive experiences and that

5616-617: The Central Drugs Standards Control Organisation (CDSCO, DTAB-DCC Division) dated 9 August 2019 says "Warning: Product to be used only under the supervision of a service provider and in a medical facility as specified under the MTP Act 2002 and MTP Rules 2003". The MTP Rules 2003 does not state that the product should be used only in a medical facility. The Comprehensive Abortion Care: Training and Service Delivery Guidelines 2018, Ministry of Health and Family Welfare, Government of India states that MA drugs can be used by

5733-724: The Indian constitution, and also mandated given India's status as signatory to the UN Convention on the Rights of the Child . Goa Children's Act, 2003, was the only specific piece of child abuse legislation before the 2012 Act. Child sexual abuse was prosecuted under the following sections of Indian Penal Code : However, the IPC could not effectively protect the child due to various loopholes like: The Protection of Children from Sexual Offences Act (POCSO), 2012

5850-643: The MTP Act, pregnancy can be terminated only by a registered medical practitioner (RMP) who meets the following requirements: (i) has a recognized medical qualification under the Indian Medical Council Act (ii) whose name is entered in the State Medical Register (iii) who has such experience or training in gynaecology and obstetrics as per the MTP Rules All government hospitals are by default permitted to provide CAC services. Facilities in

5967-513: The MTP Amendment Act 2021 has come into force by notification in Gazette from 24 September 2021. The cost of the abortion service is covered fully by the government's public national health insurance funds, Ayushman Bharat and Employees' State Insurance with the package rate for surgical abortion being set at ₹ 15,500 (US$ 190) which includes consultation, therapy, hospitalization, medication, ultrasound, and follow-up treatments. For medical abortion,

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6084-527: The MTP Rules would define the details for the same. Increasing access to legal abortion services for women: The Act in its current form imposes some operational barriers that limit women's access to safe and legal abortion services. The amendments propose to: On 29 January 2020, Government of India first introduced the MTP Amendment Bill 2020, which was passed in Lok Sabha on 17 March 2020. A year later,

6201-544: The Markets of Six Indian States, 2020. This report indicated that about 56% chemists reported regulatory barriers to stocking and sale of these drugs. Moreover, the conflation in the MTP Act and the DCGI approval for usage of MA drugs only exacerbates the problem further. The MTP Rules allow an approved provider to prescribe MA drugs at his/her clinic (explanation to section 5 of the MTP Rules 2003). Whereas, labelling guidelines issued by

6318-553: The POCSO Act was amended and made more stringent, the amendment raised minimum punishment for penetrative assault from 7 to 10 years and 20 years if the victim was below 16 years in age, with a maximum punishment of life imprisonment with a provision for the death penalty for aggravated penetrative assault. It also provides for various procedural reforms, making the tiring process of trial in India considerably easier for children. The child friendly process aims to minimize trauma felt by

6435-400: The United States experience child sexual abuse. One study found an estimated 19.7% of females and 7.9% of males experienced some form of child sexual abuse prior to the age of 18. Most sexual abuse offenders are acquainted with their victims; approximately 30% are relatives of the child, most often brothers, fathers, uncles, or cousins; around 60% are other acquaintances, such as "friends" of

6552-920: The United States of America during the 1970s. Some programme are delivered to children and can include one-to-one work and group work. Programmes delivered to parents were developed in the 1980s and took the form of one-off meetings, two to three hours long. In the last 15 years, web-based programmes have been developed. School-based education programs were evaluated in 2015 by Cochrane that demonstrated improvements in protective behaviors and knowledge among children. The American CDC lists that improving surveillance systems can help monitor and prevent child abuse. While progress has been made in raising awareness and implementing preventive measures, challenges persist in identifying and prosecuting perpetrators, supporting victims, and addressing systemic factors contributing to abuse. Cultural and societal stigmas, coupled with underreporting and insufficient resources, further complicate

6669-404: The abortion rate at 47 abortions per 1000 women aged 15–49 years. The study highlights the need for strengthening public health system to provide abortion service delivery. This would include ensuring availability of trained providers, including non-allopathic providers by amending the MTP Act and expanding the provider base as well as streamlining availability of drugs and supplies. Another strategy

6786-499: The act in 33 cases, by classifying women who were 18 years old as being between 15 and 18 years of age in their FIRs , in order to criminalize consenting relationships at the request of the parents of the girl. In contrast to the 2011 act, an earlier draft of the bill in 2001 did not punish consensual sex if at least one of the partners were above the age of 16, as did section 375 of the Indian Penal Code . The change from this to

6903-454: The age of 18 in the final act was criticized at the time as it was feared that this would allow and encourage unjustified complaints aimed at penalizing consensual relationships. Child sexual abuse Child sexual abuse ( CSA ), also called child molestation , is a form of child abuse in which an adult or older adolescent uses a child for sexual stimulation . Forms of child sexual abuse include engaging in sexual activities with

7020-507: The availability of safe and legal abortion services, it has been recommended to increase the base of legal MTP providers by including medical practitioners with bachelor's degree in Ayurveda, Siddha, Unani or Homeopathy. These categories of Indian System of Medicines (ISM) practitioners have Obstetrician and Gynecology (ObGyn) training and abortion services as part of their undergraduate curriculum. It has also been recommended to include nurses with

7137-428: The awareness about abortion legality among men and women and found that awareness and legality was low. Even though some of the people are aware of their legal rights regarding abortion, they are unaware of where they can access abortion services. This non-accessibility of abortion services is primarily on moral and political grounds. Also, women are not readily supplied with information about abortion services, nor about

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7254-745: The category of unsafe. Unsafe abortions is a common recourse for most women in the country, including in the rural pockets, due to various social, economic and logistical barriers. Stigma is another dimension that prevents women from seeking abortions from approved facilities. Despite India's extensive efforts to improve maternal and reproductive health, wide geographical disparities exist between its urban and rural population. Interventions at various socio-ecologic and cultural levels, along with improved health literacy, access to improved health care and sanitation need attention when formulating and implementing policies and programs for equitable progress towards improved maternal and reproductive health. Unsafe abortion,

7371-459: The cerebellar vermis of adults sexually abused in childhood; Teicher et al. (1993) found that child sexual abuse was associated with a reduced corpus callosum area; various studies have found an association of reduced volume of the left hippocampus with child sexual abuse; and Ito et al. (1993) found increased electrophysiological abnormalities in sexually abused children. Some studies indicate that sexual or physical abuse in children can lead to

7488-511: The child or third person(s)." CSEC usually takes the form of child prostitution or child pornography , and is often facilitated by child sex tourism . CSEC is particularly a problem in developing countries of Asia . In recent years, new innovations in technology have facilitated the trade of Internet child pornography. In the United Kingdom, the term child sexual exploitation covers any form of sexual abuse which includes an exchange of

7605-443: The child that he or she has done the right thing by telling and that they are not bad and that the abuse was not their fault helps in disclosing more information. Anatomically correct dolls are sometimes used to help explain what happened. However, some researchers have found that the use of these dolls may be too graphic and overstimulating, which may lead children that were not abused to behave as though they were sexually abused. For

7722-421: The child's primary attachment figure may indicate a relational disturbance predating the sexual abuse that may have been a risk factor for the abuse, and which can remain a risk factor for its psychological consequences. The American Academy of Child and Adolescent Psychiatry provides guidelines for what to say to the victim and what to do following the disclosure. As Don Brown has indicated: "A minimization of

7839-507: The child, among other problems. Sexual abuse by a family member is a form of incest and can result in more serious and long-term psychological trauma , especially in the case of parental incest . Before the age of 18, 1 in 5 children are sexually abused. This equates to more than 1 million children will be sexually abused this year. Reports by the Centers for Disease Control and Prevention , reveal that about 1 in 4 girls and 1 in 20 boys in

7956-445: The cycle of violence theory is not an adequate explanation for why people molest children. Offenders may use cognitive distortions to facilitate their offenses, such as minimization of the abuse, victim blaming , and excuses . Cognitive behavioral therapy (CBT) aims to reduce attitudes, beliefs, and behaviors that may increase the likelihood of sexual offenses against children. Its content varies widely between therapists, but

8073-522: The definition of the term “age” by chronological age or biological age to be the safest yardstick, rather than referring to a person having mental retardation. The court said while awarding maximum compensation to a rape victim who is 38 years old with a mental maturity of 6 to 8 years but rejecting the plea that the victim's age should be taken not just in physical terms, but also take into account her mental age as well. The victim suffered from cerebral palsy. The Protection of Children from Sexual Offences Act

8190-414: The development of high levels of dissociative symptoms, which includes amnesia for abuse memories. When severe sexual abuse (penetration, several perpetrators, lasting more than one year) had occurred, dissociative symptoms were even more prominent. Recent research showed that females with high exposure to child sexual abuse (CSA) develop PTSD symptoms that are associated with poor social functioning, which

8307-634: The extent of psychological damage depends on whether or not the child described the encounter as "consensual". The study was criticized for flawed methodology and conclusions. The US Congress condemned the study for its conclusions and for providing material used by pedophile organizations to justify their activities. Depending on the age and size of the child, and the degree of force used, child sexual abuse may cause internal lacerations and bleeding . In severe cases, damage to internal organs may occur, which, in some cases, may cause death. Child sexual abuse may cause sexually transmitted infections . Due to

8424-404: The facilities had at least one female provider. The study further found that only 31% of the reasons for seeking abortion by women were within grounds permitted under the MTP Act, the other reasons being unwanted pregnancy, economic reasons and unwanted sex of the foetus. Manual vacuum aspiration (MVA) is a "safe and effective method of abortion that involves evacuation of the uterine contents by

8541-403: The family, babysitters, or neighbors; strangers are the offenders in approximately 10% of child sexual abuse cases. Most child sexual abuse is committed by men; studies on female child molesters show that women commit 14% to 40% of offenses reported against boys and 6% of offenses reported against girls. The word pedophile is commonly applied indiscriminately to anyone who sexually abuses

8658-670: The first study in India to estimate the incidence of abortion. The results from this study were published in Lancet Global Health journal in December 2017 in the form of a paper titled "The incidence of abortion and unintended pregnancy in India, 2015". > This study estimates that 15.6 million abortions took place in India in 2015. 3.4 million (22%) of these took place in health facilities, 11.5 million (73%) were done through medical methods outside facilities, and 5% are expected to have been done through other methods. The study further found

8775-470: The former. Intergenerational effects have been noted, with the children of victims of child sexual abuse exhibiting more conduct problems, peer problems, and emotional problems than their peers. A specific characteristic pattern of symptoms has not been identified, and there are several hypotheses about the causality of these associations. Studies have found that 51% to 79% of sexually abused children exhibit psychological symptoms. The risk of harm

8892-654: The gestation limit for abortions : It is recommended to increase the gestational limit for seeking abortions on grounds of fetal abnormality beyond 20 weeks. This would result in making abortion available at any time during the pregnancy, if the fetus is diagnosed with severe fetal abnormalities. In addition, further to the above recommendations, it is also proposed to include increasing the gestation limit for safe abortion services for vulnerable categories of women expected to include survivors of rape and incest, single women (unmarried, divorced, or widowed) and other vulnerable women (women with disabilities) to 24 weeks. The amendments to

9009-699: The hand-operated pump in MVA. Medical abortion is the termination of pregnancy by drugs. It is a "non-invasive method of ending an unwanted pregnancy that women can use in a range of settings, and often in their own homes". The two drugs approved for use in India are mifepristone and misoprostol . In India, use of these drugs (mifepristone and misoprostol) for termination of pregnancy is approved up to nine weeks. This method can increase access to safe abortion services for women since it allows providers to offer CAC services where MVA or other abortion methods are not feasible. The only abortion technique available when abortion

9126-436: The initial stages, as the subject matter is very personal and/or embarrassing. In a 2012 systematic review, cognitive behavior therapy showed potential in treating the adverse consequences of child sexual abuse. Major factors that affect both the pathology and response to treatment include the type and severity of the sexual act, its frequency, the age at which it occurred, and the child's family of origin. Roland C. Summit,

9243-624: The introduction of the Medical Termination of Pregnancy (MTP) Act, 1971. The Medical Termination of Pregnancy Regulations, 2003 were issued under the Act to enable women to access safe and legal abortion services. In 2021, MTP Amendment Act 2021 was passed with certain amendments to the MTP Act 1971, such as women being allowed to seek safe abortion services on grounds of contraceptive failure, an increase in gestation limit to 24 weeks for special categories of women, and opinion of one abortion service provider required up to 20 weeks of gestation. Abortion can now be performed until 24 weeks of pregnancy as

9360-472: The landscape. Additionally, the rapid evolution of technology introduces new challenges, such as online exploitation and grooming. The National Center for Missing and Exploited Children (NCMEC) combats child sexual abuse and exploitation through a range of initiatives including providing assistance to law enforcement, offering resources and support to families of missing and exploited children, raising public awareness, facilitating prevention programs, and operating

9477-490: The law had also been notified on the November 2012 and the law had become ready for implementation. There have been many calls for more stringent laws. India has one of the largest population of children in the world. Census data from 2011 shows that India has a population of 472 million children below the age of eighteen. Protection of children by the state is guaranteed to Indian citizens by an expansive reading of Article 21 of

9594-539: The lawyer representing a child can only assist the Public Prosecutor, and file written final arguments if the judge permits. Thus, the interest of the victim is often unrepresented. The law presumes that all sexual acts with children under the age of 18 is a sexual offence, this also includes sexual acts where both the individuals are under the age of 18. Therefore, two adolescents who engage in consensual sexual act will also be punished under this law, this coupled with

9711-407: The life of the woman, it was a punishable offense and criminalized women/providers, with whoever voluntarily caused a woman with child to miscarry facing three years in prison and/or a fine, and the woman availing of the service facing seven years in prison and/or a fine. It was in the 1960s, when abortion was legal in 15 countries, that deliberation on a legal framework for induced abortion in India

9828-507: The likelihood of sexual offenses against children. Its content varies widely between therapists, but a typical program might involve training in self-control, social competence and empathy, and use cognitive restructuring to change views on sex with children. The most common form of this therapy is relapse prevention , where the patient is taught to identify and respond to potentially risky situations based on principles used for treating addictions. The evidence for cognitive behavioral therapy

9945-417: The low math SAT scores could "stem from a defect in hemispheric integration." They also found a strong association between short-term memory impairments for all categories tested (verbal, visual, and global) and the duration of the abuse. Incest between a child or adolescent and a related adult is known as child incestuous abuse , and has been identified as the most widespread form of child sexual abuse with

10062-472: The most relevant predators in the case of both gender. In U.S. schools, educators who offend range in age from "21 to 75 years old, with an average age of 28". According to C.E. Dettmeijer-Vermeulen, Dutch national spokeswoman on human traffic and sexual violence against children, in the Netherlands, 3% of the convicted perpetrators are women, 14.58% of the victims are boys and "most victims were abused by

10179-426: The need for mandatory reporting has led to the criminalization of consensual relationships between adolescents. This is especially a concern where an adolescent is in a relationship with someone from a different caste, or religion. Parents have filed cases under this Act to 'punish' relationships they do not approve of. In a 2015 analysis of 142 sexual assault cases in sessions courts of Mumbai, police were found misusing

10296-454: The opinion of a single Registered Medical Practitioner (RMP) is required and for terminations between 12 and 20 weeks the opinion of two RMP's is required. However, termination is conducted by one RMP. The MTP Regulations, 2003 prescribe opinion of RMP/s to be recorded on Form I as detailed below: The Medical Termination of Pregnancy (MTP) Act 1971, was amended in 2002 to facilitate better implementation and increase access for women especially in

10413-540: The option of abortion unless in emergency circumstances or cases where the baby is unhealthy. Globally, 56 million abortions take place every year. In South and Central Asia, an estimated 16 million abortions took place between 2010 and 2014, and 13 million abortions occurred in Eastern Asia alone. There is significant variance in the estimates for the number of abortions reported and the total number of estimated abortions taking place in India. According to HMIS reports,

10530-405: The overexcitation of an undeveloped limbic system . Teicher et al. (1993) used the "Limbic System Checklist-33" to measure ictal temporal lobe epilepsy-like symptoms in 253 adults. Reports of child sexual abuse were associated with a 49% increase to LSCL-33 scores, 11% higher than the associated increase of self-reported physical abuse. Reports of both physical and sexual abuse were associated with

10647-477: The package rate is set at ₹ 1,500 (US$ 18) which includes consultation and USG. When a woman gets a pregnancy terminated voluntarily from a service provider, it is called induced abortion . Spontaneous abortion , also known as miscarriage , is the loss of a woman's pregnancy before the 20th week. This type of abortion can be physically and emotionally painful. Until 2017, there was a dichotomous classification of abortion as safe and unsafe. Unsafe abortion

10764-418: The perpetrator is related to the child, either by blood or marriage, is a form of incest described as intrafamilial child sexual abuse . The most-often reported form of incest is father–daughter and stepfather–stepdaughter incest, with most of the remaining reports consisting of mother/stepmother–daughter/son incest. Father–son incest is reported less often; however, it is not known if the actual prevalence

10881-431: The person was a close family member, had worse scores as adults on general trauma symptoms, post traumatic stress disorder symptoms, and dissociation. Another study found that in most cases when children did disclose abuse, the person they talked to did not respond effectively, blamed or rejected the child, and took little or no action to stop the abuse. Non-validating and otherwise non-supportive responses to disclosure by

10998-511: The private health sector. The MTP Rules facilitate better implementation and increase access for women especially in the private health sector. The Government took cognizance of the challenges faced by women in accessing safe abortion services and in 2006 constituted an expert group to review the existing provisions of the MTP Act to propose draft amendments. A series of expert group meetings were held from 2006 to 2010 to identify strategies for strengthening access to safe abortion services. In 2013

11115-474: The private sector however require approval of the government. The approval is sought from a committee constituted at the district level called the District Level Committee (DLC) with three to five members. As per the MTP Rules, 2003 the following forms are prescribed for approval of a private place to provide MTP services: As per the provisions of the MTP Act, only the consent of woman whose pregnancy

11232-464: The public health facilities to women on a range of issues including CAC. The National Health Systems Resource Centre (NHSRC) has worked closely with the MoHFW to develop training packages for Accredited Social Health Activist (ASHA) to enable them to provide the required information to women at the community level and facilitate linkages with the facilities. ASHA training modules developed by MoHFW and NHSRC are

11349-414: The relationship between severe forms of child sexual abuse and adult psychopathology in their sample could not be explained by family discord, because the effect size of this association decreased only slightly after they controlled for possible confounding variables. Their examination of a small sample of CSA-discordant twins also supported a causal link between child sexual abuse and adult psychopathology;

11466-468: The spectrum of varying situations that constitute unsafe abortion and the increasingly widespread substitution of dangerous, invasive methods with the use of misoprostol outside the formal health system. Before 1971, abortion was criminalized under Section 312 of the Indian Penal Code, 1860, describing it as intentionally "causing miscarriage". Except in cases where abortion was carried out to save

11583-742: The strongest indicator of sexual abuse is sexual acting out and inappropriate sexual knowledge and interest. Victims may withdraw from school and social activities and exhibit various learning and behavioural problems including cruelty to animals , attention deficit/hyperactivity disorder (ADHD), conduct disorder , and oppositional defiant disorder (ODD). Teenage pregnancy and risky sexual behaviors may appear in adolescence. Child sexual abuse victims report almost four times as many incidences of self-inflicted harm . Sexual assault among teenagers has been shown to lead to an increase in mental health problems, social exclusion and worse school performance. A well-documented, long-term negative effect

11700-499: The study found that women admitted to spending no money to access abortion services as they are free at public facilities. Poor women, it was reported, "spend INR 64 (USD 1) while visiting primary level facilities and INR 256 (USD 4) while visiting urban hospitals, primarily for transportation and food". The study concluded that the "improved availability of safe abortion services at the primary level in Madhya Pradesh has helped meeting

11817-786: The suspected abusers, it is also recommended to use a nonjudgmental, nonthreatening attitude towards them and to withhold expressing shock, in order to help disclose information. The initial approach to treating a person who has been a victim of sexual abuse is dependent upon several important factors: The goal of treatment is not only to treat current mental health issues, and trauma related symptoms, but also to prevent future ones. Children often present for treatment in one of several circumstances, including criminal investigations, custody battles, problematic behaviors, and referrals from child welfare agencies. The three major modalities for therapy with children and adolescents are family therapy , group therapy , and individual therapy . Which course

11934-780: The third leading cause of maternal deaths in the country, contributes eight per cent of all such deaths annually with 13 women dying each day. Several factors contribute to women opting for abortion outside the accredited abortion centers including: A client profile study focusing on the socio-economic profiles of women seeking abortion services, and costs of receiving abortion services at public health facilities in Madhya Pradesh, India, revealed that "57% of women of who received abortions at public health facilities were poor, followed by 21% moderate and 22% rich. More poor women sought care at primary health level facilities (58%) than secondary level facilities, and among women presenting for post-abortion complications (67%) than induced abortion." Further,

12051-405: The total number of spontaneous/induced abortions that took place in India in 2016–17 was 970,436, in 2015–16 was 901,781, in 2014–15 was 901,839, and in 2013–14 was 790,587. It is reported that ten women die every day in India due to unsafe abortions. The Guttmacher Institute , New York, International Institute for Population Sciences (IIPS), Mumbai and Population Council , New Delhi conducted

12168-444: The trauma and its effects is commonly injected into the picture by parental caregivers to shelter and calm the child. It has been commonly assumed that focusing on children's issues too long will negatively impact their recovery. Therefore, the parental caregiver teaches the child to mask his or her issues." In many jurisdictions, abuse that is suspected, not necessarily proven, requires reporting to child protection agencies, such as

12285-410: The trauma of criminal justice system, but this provision does not differentiate. Furthermore, mandatory reporting may also hinder access to medical aid, and psycho-social intervention. It contradicts the right to confidentiality for access to medical, and psychological care. Section 40 of the Act allows victims to access legal aid . However, that is subject to Code of Criminal Procedure. In other words,

12402-448: The use of a hand-held plastic aspirator", which is "associated with less blood loss, shorter hospital stays and a reduced need for anesthetic drugs". This method of abortion is recommended by the WHO for early termination of pregnancy. Electric vacuum aspiration (EVA) is similar to the MVA insofar as it involves a suction method, but the former uses an electric pump to create suction, instead of

12519-504: The victim, eliminate the possibility of revictimization and to protect against intimidation. A Victim of Child Sexual Abuse can file a complaint at any time irrespective of his/her present age. A sexually abused child is considered as "child in need of care and protection" under Juvenile Justice (Care and Protection of Children) Act, 2015. Police officer should therefore inform the Child Welfare Committee about every case under

12636-881: The victims (acquaintances 46% or relatives 36%). More offenders are male than female, though the percentage varies between studies. The percentage of incidents of sexual abuse by female perpetrators that come to the attention of the legal system is usually reported to be between 1% and 4%. Studies of sexual misconduct in US schools with female offenders have shown mixed results with rates between 4% and 43% of female offenders. Maletzky (1993) found that, of his sample of 4,402 convicted child sex offenders, 0.4% were female. According to research conducted in Australia by Kelly Richards on child sexual abuse, 35.1% of female victims were abused by another male relative and 16.4% of male victims were abused by another male relative. Male relatives were found to be

12753-420: Was a multicentre study of 380 abortion facilities (of which 285 were private) carried out across six States. The study found that "on average there were four formal abortion facilities (medically qualified though not necessarily certified to carry out abortions) per 100,000 population in India and an average of 1.2 providers per facility". Out of the total formal abortion providers, 55% were gynecologists and 64% of

12870-467: Was decriminalized in India in 1971 was the dilation and curettage (D&C) method. This dated method is an invasive medical procedure which requires "the use of anesthesia for removing products of conception using a metal curette", often running the risk of hemorrhage or uterine infections. WHO and FIGO issued a joint recommendation which stated that properly equipped hospitals should abandon curettage and adopt manual/electric aspiration methods. India

12987-480: Was defined by the World Health Organization (WHO) as "a procedure for termination of a pregnancy done by an individual who does not have the necessary training or in an environment not conforming to minimal medical standards." However, with abortion technology now becoming safer, this has been replaced by a three-tier classification of safe, less safe, and least safe permitting a more nuanced description of

13104-488: Was enacted to provide a robust legal framework for the protection of children from offences of sexual assault, sexual harassment and pornography, while safeguarding the interest of the child at every stage of the judicial process. The framing of the Act seeks to put children first by making it easy to use by including mechanisms for child-friendly reporting, recording of evidence, investigation and speedy trial of offences through designated Special Courts. The POCSO Act specifies

13221-449: Was initiated. The alarmingly increased number of abortions taking place put the Ministry of Health and Family Welfare (MoHFW) on alert. To address this, the government of India instated a committee in 1964 led by Shantilal Shah to come up with suggestions to draft the abortion law for India. The recommendations of this committee were accepted in 1970 and introduced in the Parliament as the Medical Termination of Pregnancy Bill. This bill

13338-399: Was not related to the sex of the victim targeted, e.g. men who molested boys often had adult relationships with women. Later work (Holmes and Holmes, 2002) expanded on the types of offenders and their psychological profiles. They are divided as follows: Causal factors of child sex offenders are not known conclusively. The experience of sexual abuse as a child was previously thought to be

13455-462: Was passed in August 1971 as the Medical Termination of Pregnancy Act, which was authored by Sripati Chandrasekhar . A study in 2018 estimated that 15.6 million abortions took place in India in 2015. A significant proportion of these are expected to be unsafe. Unsafe abortion is the third largest cause of maternal mortality leading to death of 10 women each day and thousands more facing morbidities. There

13572-586: Was passed to strengthen legal provisions for the protection of children below 18 years of age from sexual abuse and exploitation. Under this Act, if any girl under 18 is seeking abortion the service provider is compelled to register a complaint of sexual assault with the police. However, under the Medical Termination of Pregnancy Act , it is not mandatory to report the identity of the person seeking an abortion. Consequently, service providers are hesitant to provide abortion services to girls under 18. According to

13689-561: Was the first country to legalize miscarriage leave. The Maternity Benefit Act 1961 states that in case of miscarriage, a woman will be entitled to paid leave for six weeks immediately following the day of her miscarriage. Women are required to submit proof for miscarriage and willful termination of pregnancy (abortion) is excluded. Additionally, women with illness arising out of miscarriage shall, on production are also entitled to paid leave of up to one month on submission of relevant medical proofs. Almost 56% of abortions in India are under

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