Lok Sabha Question No. 53 (UNSTARRED), answered on 2019-06-21
Subject: Domestic Violence on Children
Ministry: WOMEN AND CHILD DEVELOPMENT
Asked by: T.N. Prathapan

## GOVERNMENT OF INDIA MINISTRY OF WOMEN AND CHILD DEVELOPMENT

## LOK SABHA

## UNSTARRED QUESTION NO.53 TO BE ANSWERED ON 21.06.2019

## DOMESTIC VIOLENCE ON CHILDREN

## 53. SHRI T. N. PRATHAPAN:

- Will the Minister of WOMEN AND CHILD DEVELOPMENT be pleased to state: (a) whether the Government has taken note of increasing incidents of children being exposed to violence in their homes and if so, the details thereof along with the action taken by the Government in this regard; (b) whether the current laws are insufficient to prevent such brutalities and violence against children; (c) whether the Government has any mechanism to ensure the rehabilitation of children who have been
- subjected to such abuse and violence; and

(d) the measures taken by the Government to ensure regular counselling for such children?

## ANSWER

## MINISTER OF WOMEN AND CHILD DEVELOPMENT (SHRIMATI SMRITI ZUBIN IRANI)

(a)  to  (d): In  2007,  Ministry  had  conducted  the  Study  on  Child  Abuse  as  there  was  inadequate information about the extent of child abuse in the country. The initiative of the Ministry to conduct this study was supported by UNICEF and Save the Children. As a result of the Study and its findings, a comprehensive legislation was enacted by the Government in 2012, namely 'The Protection of Children from Sexual Offenses Act, 2012' (The POCSO Act) which provides for protection of children from the offences of sexual assault, sexual harassment and pornography with due regard for safeguarding the interest and well being of the child at every stage of the judicial process, incorporating child-friendly procedures for reporting, recording of evidence, investigation and trial of offences and provision for establishment of Special Courts for speedy trial of such offences.

The Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) is the primary legislation for ensuring the safety, security, dignity and well-being of children. The Act provides for protection of children in need of care and protection and those in conflict with law by catering to their basic needs through proper care, protection, development, treatment and social re-integration.  It puts into place standards to secure the best interest of child.  Under Section 75 of the JJ Act, whoever, having the actual charge of, or control over a child, assaults, abandons, abuses, exposes or wilfully neglects the child or causes or procures the child to be assaulted, abandoned, abused, exposed or neglected in a manner likely to cause such child unnecessary mental or physical suffering, shall be punished with imprisonment for a term which may extend to three years or with fine of one lakh rupees or with both.

Besides the Government has also legislated The Commissions for Protection of Child Rights Act, 2005 (CPCR),  under  which  National  Commission  for  Protection  of  Child  Rights  (NCPCR)  and  State Commission  for  Protection  of  Child  Rights  (SCPCRs)  have  been  created  as  Statutory  bodies  for protection of child rights. The Commissions have also been mandated to monitor the implementation of the provisions of the JJ Act as per Section 109 of the JJ Act, 2015.

The Ministry of Women and Child Development is implementing a Centrally Sponsored Scheme i.e. 'Child Protection Services' ,  through the State Governments/UT Administrations on predefined cost sharing  financial  pattern.  It  is  a  component  of  centrally  sponsored  Umbrella  Integrated  Child Development Scheme. The objective of the Scheme is to provide the security net of statutory and service delivery structures to the children in difficult circumstances. It also aims at  reduction of vulnerabilities to situation and actions, that lead to abuse, neglect, exploitation, abandonment and separation of children from parents by focusing on (a) improved access to quality child protection services; (b) raised public awareness about the reality of child rights, situations and physical and social protection in India; (c) clearly articulated responsibilities and enforced accountability for child protection (d) established and functional structures at all levels for delivery of statutory and support services to children in difficult circumstances; (v) operational evidence based monitoring and evaluation. The scheme acknowledges the necessity for strengthening preventive action to secure welfare of children. It aims to provide ground level support to children and their care givers, while raising awareness and building capacities under the Scheme.

In order to reach out to all the children in difficult circumstances, the scheme provides support for an emergency outreach service, for children in distress through a dedicated toll free number i.e., 1098 which is being accessed by childline for children in crisis or by adults on their behalf.

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