Any meaningful action to reduce the cases of child abuse would come about only with effective law enforcement and award suitable punishment to the offenders. This policy has different dimensions that require a serious effort.

1. LAW ENFORCEMENT:
A CHALLENGE
A presentation by
Maj Gen Nilendra Kumar
An effort for
Bachpan Bachao Andolan
and
Lex Consilium Foundation

2. “When the lives and rights of children are at
stake, there must be no silent witnesses.”
-Carol Bellamy
Executive Director
UNICEF

3. PURPOSE
Making the perpetrators of child abuse or other
crimes against children face a criminal trial
would have a direct impact to curb the tendency
to indulge in such acts. Deviant behavior and
shameful actions need to be properly
investigated and prosecutions launched against
the offenders. This is the purpose of law
enforcement.

4. LAW ENFORCEMENT
Is any system by which some members of the
society act in an organized manner to enforce
the law by discovering, deterring, rehabilitating,
or punishing people who violate the rules
governing that society.

5. “No legislation can be perfect and there will be
differing points of view with regard to addressing
concerns and legislative interventions in the rights of
children who constitute 40% of our population unless
there is a feeling amongst the office holders or office
bearers that they have a responsibility primarily
towards children.
However well the law may be drafted and bodies and
authorities are constituted, the law will continue to
be exploited by those that would like to, without any
benefit, real or cosmetic, accruing to children.”
-Madan B. Lokur
Judge, Supreme Court of India.

6. But are the culprits being booked? What
has been the performance of prosecution
agencies, the lawyers and the courts in
this regard? The figures speak.

7. Do the sex offenders actually get
punished?
Of sexual abuse cases filed under POCSO,
2012, only one percent of the accused were
convicted.
Source: NCRB Report, 2014

8. FIGURES ABOUT POCSO CASES
Offences Total No. of
cases for
trial during
the Year
Cases in
which trial
were
completed
Cases
Convicted
Cases
pending
trial at
year end
Conviction
rate (%)
Cases
pending
(%)
Section 4 10,103 883 361 9218 40.9 91.2
Section 6 2299 217 69 2082 31.8 90.6
Section 8 5200 501 241 4694 48.1 90.3
Section 10 449 39 13 410 33.3 91.3
Section 14
& 15
121 22 20 99 90.9 81.8
Other
offences
2763 387 154 2376 39.8 86.0
Total 20935 2049 858 18879 41.9 90.2

9. Till 2014, child trafficking
figures were included in
human trafficking data. As
such, no separate statistics
were available on child
trafficking cases.

10. WHY CHILDREN DON’T REPORT
1. It is frightening for children to report as the
abuser is usually stronger and more powerful.
2. Usually abused by those in authority, children
feel they have good intentions and best interest
at heart.
3. Fear that they may not be believed.
4. Threat by adults to reveal their secrets.
5. Apprehension that family reputation will be
sullied.

11. REASONS FOR NON REPORTING BY
ADULTS
1. Adults are shocked and frightened.
2. Adults doubt themselves.
3. Fear of consequences make them keep away. Its
none of my business.
4. Fear of retaliation from the family.
5. Fear that reporting may have a negative impact
on relationship with the child.
6. Belief that someone else will report.
7. Fear it will make it worse for the child.

12. NUMBER AND RATE OF CASES PENDING
OFFENCE Year Rate Year Rate
2014 2015
Children rape 31976 85.2 36271 87
Kidnapping and
abduction
41327 88.1 50841 90.1
Procuration of
minor girls
2535 89.4 3454 90.8
Child marriage 629 85.8 789 91
Child labor 109 90.1 246 94.3
ITPA 323 97 354 95.4
JJ Act 1230 69.9 1982 87
POCSO 7970 95.1 18879 90.2
IPC Sec
370/370A &
Human
Trafficking
15246 86.6 17612 89.3
Source NCRB Data

13. BBA DATA BASE 2016
1. Trafficking victims rescued (18 years) 690
2. Prosecutions launched FIR registered 76
3. Establishments sealed 67
4. Traffickers / employers arrested 67
5. No of cases recorded:
JJ Act 62
CLPRA 32
BLSA 35
IPC 370/370A 39

14. REPORT OF JUSTICE JS VERMA COMMITTEE
ON AMENDMENTS TO CRIMINAL LAW
The existing law, if faithfully and effectively
implemented by credible law enforcement agencies,
are sufficient to maintain law and order and to protect
the safety and dignity of the people, particularly
women, and to punish any offenders who commit any
crime. This is not to say that the necessary
improvements in the law, keeping in mind modern
times, should not be enacted at the earliest.

15. REASONS FOR DELAY
1. Lack of sufficient vulnerable witness rooms.
2. Absence of dedicated courts.
3. Delay in getting forensic reports.
4. Defense lawyers try to delay.
5. Defendants quote irrelevant and unnecessary
precedents with a view to divert.
6. Shortage of interpreters, translators, special
educators.
7. Child courts saddled with other matters.
8. Conspicuous absence of the defense lawyer/accused.

16. MAIN CHALLENGES
• Suitable Legislative effort has put in place robust
legal regime to deal with perpetrators of child
abuse and protect victims of crime.
• The bigger challenge is the implementation of law
in letter and spirit.

17. • Ministries and Departments of the Government
often lack resources to efficiently handle expert
and special functions, needed to accord
requisite attention for a particular segment or
aspect of the State.
• Hence, Commissions are set up as constitutional
or Statutory bodies e.g. National Human Rights
Commission, Union Public Service Commission
or National Commission for Women etc.

18. The Commission for Protection of
Child Rights Act, 2005 (Act 4 of 2006)
An Act to provide for the constitution of a
National Commission and State Commissions for
protection of child rights and Children’s courts
for providing speedy trial of offences against
children or of violation of child rights and for
matters connected therewith or incidental
thereto.

19. PREAMBLE
• Whereas India participated in the United Nations
(UN) General Assembly summit in 1990 which
adopted a Declaration on Survival, Protection and
Development of Children;
• and whereas CRC is an international treaty that
makes it incumbent upon the signatory States to
take all necessary steps to protect children’s
rights enumerated in the Convention;
• and whereas in order to ensure protection of
rights of children one of the recent initiatives that
the Government have taken for Children is the
adoption of the National Charter for Children,
2003;

20. • and whereas the UN General Assembly Special
Session in May, 2002 adopted an Outcome
Document titled “A World Fit for Children”
containing the goals, objectives, strategies and
activities to be undertaken by the member
countries for the current decade;
• and whereas it is expedient to enact a law relating
to children to give effect to the policies adopted
by the Government in this regard, standards
prescribed by the CRC, and all other relevant
instruments;
• Be it enacted by Parliament in the Fifty Sixth Year
of the Republic of India as follows:-

21. SECTION 2- DEFINITIONS
(b) "child rights" includes the children's rights
adopted in the United Nations Convention on
the Rights of the Child on the 20th November,
1989 and ratified by the Government of India on
the 11th December, 1992;

22. NATIONAL COMMISSION FOR
PROTECTION OF CHILD RIGHTS
• Constitution of India enables the State to
make special provisions for children.
• One such endeavor is setting up of National
Commission for Protection of Child Rights.
• It is a statutory body at the national level set
up exclusively to monitor child rights.
• Came into force on 15th February, 2007.

23. CONSTITUTION OF THE NATIONAL
COMMISSION
SECTIONS 3 AND 4
• A chairperson and six members out of
which at least two shall be women.
• Seat- Delhi
• Tenure- Three years
• Maximum Age-65/60 years.

24. FUNCTIONS
SECTION 13
(a) examine and review statutory safeguards;
(b) annual reports to the Central Government;
(c) inquire into violations of child rights;
(d) examine all factors that inhibit the enjoyment of
rights of children affected by terrorism, communal
violence, riots, natural disaster, domestic violence,
HIV/AIDS, trafficking: maltreatment, torture and
exploitation, pornography and prostitution and
recommend appropriate remedial measures;

25. (e) look into the matters relating to children in
need of special care and protection including
children in distress etc.
(f) study treaties and other international
instruments
(g) undertake and promote research
(h) spread child rights literacy
(i) inspection of juvenile custodial homes etc.

26. (j) inquire into complaints and take suo motu
notice of matters relating to,-
– (i) deprivation and violation of child rights;
– (ii) non-implementation of laws providing for
protection and development of children;
– (iii) non-compliance of policy decisions, guidelines
or instructions aimed at, mitigating hardships to
and ensuring welfare of the children and to provide
relief.

27. POWERS RELATING TO INQUIRIES
SECTION 14
• The Commission shall have all powers of a civil
court trying a suit in following matters:
a) Summoning and enforcing attendance of any
person and examining him on oath;
b) Discovery and production of any document
c) Receiving evidence on affidavits;
d) Requisitioning any public record from any Court
or office; and
e) Issuing commissions for the examination of
witnesses or documents.

28. STEPS AFTER INQUIRY
SECTION 15
1. Recommend to the concerned Government
or authority, an initiation of proceedings for
prosecution.
2. Approach Supreme Court or High Court for
directions, orders or writs as Court may deem
necessary.
3. Recommend grant of interim relief to the
victim or family members.

29. STATE COMMISSIONS
• Section 17 to 24.
• To be set up in each state.

30. CHILDREN’S COURT
SECTION 25
For the purpose of providing speedy trial of
offences against children or of violation of child
rights, the State Government may, with the
concurrence of the Chief Justice of the High
Court, specify one court in the State or for each
district, a Court of Session to be a Children's
Court to try the said offences.

31. SPECIAL PUBLIC PROSECUTOR
SECTION 26
With an experience not less than 7 years.

32. NCPCR Rules, 2006
Rule 17 Functions of the Commission
f) Produce and disseminate information about
child rights;
g) Compile and analyze data on children;
h) Promote the incorporation of child rights into
the school curriculum, teachers training and
training of personnel dealing with children.

33. • Criminal justice system is conceptually based
on the theory that the State is responsible to
ensure a crime free jurisdiction. Any offence is
to be viewed as an act against the State.
Hence, criminal prosecutions are carried out
by the government.
• The victim of the crime in this scheme is only
an essential witness at the trial. Prosecutions
of the accused is not the victim’s duty. There is
no role or legal space for a lawyer to represent
a victim.
• Child abuse cases now present a departure
from the above position.

34. A RELOOK AT THE PURPOSE OF LAW
ENFORCEMENT
A need has been felt to shift from the existing
approach in dealing with offenders by taking a
restorative view of punishment rather than
punishment under by adopting a reformative
approach.

35. CHILD EMPOWERMENT
A few jurists in US have recommended the approach of child
empowerment for child advocates. By freeing the client from
subordinating lawyering practices, the attorney enhances the
client’s participation in the lawyer-client relationship by
acknowledging that the association between attorneys and child
is an empowerment. By empowering the client, the lawyer
ensures that the child, and no other, has truly made their own
choice.

36. Restorative Justice
It is an approach to justice that
personalizes the crime by having the
victims and offenders mediate a restitution
agreement to the satisfaction of each, as
well as involving the community.
This theory considers crime and wrong
doing to be an offence against an
individual or community rather than the
State.

37. CONCEPT
Effort is made to search for solutions that
should promote, repair, and bring about
reconciliation and rebuilding of
relationship.
It offers response by use of restorative
solutions to repair the harm related to
conflict, crime and victimization.

38. MAIN EVIDENCE IN CHILD ABUSE
CASES WOULD BE OF CHILDREN AS
THEY WOULD USUALLY BE VICTIMS AS
WELL AS THE WITNESSES.

39. Appreciation of Child
Evidence
LEADING CASES

40. Ratansingh Dalsukhbhai Nayak v State
of Gujarat ,
(2004) 1 SCC 64
• FACTS OF THE CASE
A child of tender age was said to have witnessed
a ghastly occurrence where two elderly persons
lost their lives. The child witness told another
child witness, her brother about what she had
seen.

41. The trial court found the evidence of the child
truthful. The accused was convicted.
In the appeal to the High Court, it was contended
that the child was tutored which had been
admitted by her. The High Court confirmed the
conviction. The matter was finally taken to the
Supreme Court.

42. Supreme Court dismissed the appeal
and held,
1. Conviction on the basis of evidence of child
witness is permissible if such witness is found
competent to testify and the court after
careful scrutiny of its evidence is convinced
about the quality and reliability of the same.
2. A child of tender age can be allowed to
testify if it has intellectual capacity to
understand the question and give rational
answers thereto.

43. INTERFERENCE REGARDING TUTORING
Mere fact that the child was asked to say about the
occurrence and as to what she said, did not amount to
tutoring.
The decision on the question whether the child witness
has sufficient intelligence primarily rests with the trial
judge. However, such decisions may be disturbed by
the higher court, if found to be erroneous.

44. COMPETENCY AND CREDIBILITY OF
CHILD WITNESS
DATTU RAMRAO SAKHARE v STATE OF
MAHARASHTRA, 1997 (5) SCC 341,
Fact of the case -A girl, aged 10 years was the
principal witness against three accused
persons convicted for a murder. Her evidence
was corroborated by three others. The appeal
finally reached Supreme Court.

45. Held,
Testimony of a child witness can be basis of conviction.
Her evidence can be relied on even in the absence of
oath if she understood the nature of the questions and
gave rational answers thereof. Court must see that she
is reliable and her demeanor is like any other
competent witness and there is no likelihood of being
tutored. There is no rule or practice that in every case
the evidence of such a witness be corroborated before
a conviction can be allowed to stand.

46. ACCESS TO JUSTICE
• The term ‘access to justice’ implies notions of
equality, equity, fairness, universality and
justice. It involves an equal right to participate
in every institution where law is debated,
created, found, organized, administered,
interpreted and applied.

47. Access to justice is essential to
human development for ensuring
democratic governance, poverty
alleviation and conflict prevention

48. All India Legal Aid
Cell on Child Rights

49. The Legal Services Authorities Act,
1987 was enacted to constitute legal
services authorities to provide free
and competent legal services to the
weaker sections of the society to
ensure that opportunities for securing
justice are not denied to any citizen
by reason of economic or other
disabilities

50. The Act provides for setting up of
National Legal Services Authority
and State Legal Services Authority
for every state in India

51. ALL INDIA LEGAL AID CELL FOR
PROTECTION OF CHILD RIGHTS
A body constituted by the National Legal
Services Authority (NALSA) under the aegis of
the Supreme Court and in collaboration with Bachpan
Bachao Andolan.
Its purpose is to assist clients through the
provisions of free legal aid and advice to the
victims of child labor.
It is an effort to ensure effective and proper
implementation of child rights law.

52. AILAC IS AN INITIATIVE OF
• National Legal Services Authority, Delhi Legal
Services Authority and Bachpan Bachao
Andolan.
• Established on 14th November, 2008.

53. Vision
Constitutional ideal of equality and justice to
child, a sine qua non of creation of a child
friendly society.

54. • To facilitate physical, social,
psychological, moral and spiritual
development of every child.

55. ESTABLISHMENT OF LEGAL CELL
A Permanent Legal Cell has been set up at the
central office of Bachpan Bachcao Andolan and
also at Mukti Ashram, Delhi.

56. OBJECTIVES
1. Provide legal representation to the children in
need of care and protection across the country.
2. To take, deal, pursue, coordinate and ensure
prosecution against persons indulging in child
labor, traffic in human beings, begar, forced labor
or any form of child exploitation.
3. To build a network of various State Legal Services
Authorities, for rescue and rehabilitation of
children in need of care and protection.

57. • Delhi State Legal Services Authority is the
nodal agency for networking with other State
Legal Services Authorities.

58. Charter Assigned to DSLSA
1. Draw a panel of lawyers, social scientists,
academics, and jurists having expertise on the laws
and issues relating to child rights and to use them
as resource persons, consultants and counselors.
2. Provide counseling to the children and witness or
victim support.

59. Functions and Activities of AILAC
1. Legal representation
2. Legal counseling
3. Legal awareness
4. Legal advice
5. Coordination with all SLSAs and
Government departments.
6. Research based survey and make suitable suggestions
7. Publication of informative legal material
8. Academic activities
9. Periodic reporting of follow up action
10.Information collection and data management

60. Role of lawyer in the Juvenile Court
Three relevant questions-
1. Do the possible inexperience and immaturity
of the minor inevitably and appropriately
require the lawyer to play a different role?
2. Should the rehabilitative goal of the juvenile
process influence the lawyer’s role?
3. What peculiar problems are encountered by
the lawyers of a juvenile client by the parents
of child and their interest in the case?

61. Role of AILAC Advocates
1. To represent the victims and progress child
rights cases in various courts.
2. To regularly contact victims to render
requisite assistance.
3. To accompany and attend raid and rescue
missions.

62. Key Duties Ascribed to Advocates
of Abused & Mistreated Children
1. Investigate the case. Interview child, parents,
and others connected to the case such as
doctors, neighbors, teachers, relatives etc. Visit
the child’s home. Review all relevant records and
court file , consult other professionals and child
abuse team.
2. Represent the child in all court proceedings.
3. Develop the rehabilitation plan in the child’s
best interest.
4. Mitigate the trauma of legal intervention of the
child.

63. QUOTE-
We adults, our policies, our ways of
governance, and not the children are
responsible for the poverty.
-Kailash Satyarthi