The offences of child abuse in Goa are on the rise rapidly. For a population of 15 lakh, the present number of 350plus cases a year is frightening. Though many in Goa think that these abuses are happening to migrant children, there are instances where even school going children are victims of child abuse. To think it’`-s happening to ‘other’s children’, would be a dangerously lackadaisical attitude.
When the Goa Children’s Act was passed on 2003, being the first State in India to have a law exclusively for protection and welfare of children, Goa was hailed as a child friendly State.
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Goa Children’s Act resulted in the setting up of Children’s court and child friendly investigation and court procedures. Child abuse were on the decline.
A decade later, the central government enacted The Protection of Children from Sexual Offences Act, 2012 [POCSO Act, 2012] aimed at protecting children from all types of sexual abuse, with stringent deterrents punishment, even death penalty in case of aggravated penetrative sexual assault.
Ten years after the enactment of The Protection of Children from Sexual Offences (POCSO) Act, there are gaps in its implementation in Goa, resulting in spike in child abuse cases besides increasing pendency of cases and a high rate of acquittals.
The POSCO Act mentions its objectives specifically as ‘An Act to protect children from offences of sexual assault, sexual harassment …’
POSCO Act at Section 43 mandates every State Government, to take all measures to ensure that—- (a) the provisions of this Act are given wide publicity through media including the television, radio and the print media at regular intervals to make the general public, children as well as their parents and guardians aware of the provisions of this Act;
Exercising its power under section 45 of the POSCO Act, the Central Government by notification in the Official Gazette, has made rules, published on Monday March 9, 2020 by the Ministry of Women And Child Development in the Gazette of India no141 GSR 165(E)
Rule 3 says that, the Governments shall prepare age-appropriate educational material and curriculum for children, informing them about various aspects of personal safety, including–– (1) measures to protect their physical, and virtual identity; and to safeguard their emotional and mental wellbeing, prevention and protection from sexual offences; inculcating gender sensitivity, gender equality and gender equity for effective prevention of offences under the Act.
(2) Suitable material and information may be disseminated by the respective Governments in all public places such as panchayat bhavans, community centres, schools and colleges, bus terminals, railway stations, places of congregation, airports, taxi stands, cinema halls and such other prominent places and also be disseminated in suitable form in virtual spaces such as internet and social media.
(3) Further, State Government shall take all suitable measures to spread awareness about possible risks and vulnerabilities, signs of abuse, information about rights of children under the Act along with access to support and services available for children.
(4) Any institution housing children or coming in regular contact with children including schools, crèches, sports academies or any other facility for children must ensure a police verification and background check on periodic basis, of every staff, teaching or non-teaching and the Institution shall also ensure that periodic training is organised for sensitising them on child safety and protection.
(5) Governments shall formulate a child protection policy based on the principle of zero-tolerance to violence against children, which shall be adopted by all institutions, organizations, or any other agency working with, or coming in contact with children.
(6) Every State Government shall provide periodic training including orientation programmes, sensitization workshops and refresher courses to all persons, whether regular or contractual, coming in contact with the children, to sensitize them about child safety and protection and educate them regarding their responsibility under the Act. Orientation programme and intensive courses may also be organized for police personnel and forensic experts for building their capacities in their respective roles on a regular basis.
Rule 12 further says that the State Commission for the Protection of Child Rights shall
(c) Monitor the formulation of the guidelines described in section 39 of the Act, monitor the designing and implementation of modules for training police personnel and other concerned persons. The commission should ensure the dissemination of information relating to the provisions of the Act through media including the television, radio and print media at regular intervals.
In effect the POSCO Act and the POSCO rules provides a comprehensive working manuel as to how the State Government and the State Commission for children should go about in protecting children and preventing child abuse. There seems to be a huge chasm between what is done and what is expected to be done in the State of Goa, towards protection of children. Even the education department seems to be oblivious of what needs to done in schools and for school children.
The POSCO Act and rules mandates basic, life skills for children, to know, their body functions ,how to protect themselves from abuse, and how to seek help, this is what NEP 2020, is expected to achieve, giving every child the necessary life skills.
When will the governance in Goa be oriented towards human care and human welfare? Governance is not all about money and money, human beings especially the vulnerable have to be the focus. The larger and more pertinent question is, when a Statute and the rules very specifically mandates the State government to do certain specific acts that too for the protection of the most vulnerable groups (children) and the State government does little or nothing, who is responsible? If the same law or similar provisions are made applicable to private institutions can they disobeys/ignore the law?
If the nation is governed by rule of law, egalitarianism should be the norm. Then justice and fairness will prevail.
(The writer is a Professor of Law and an education consultant)
