The law protects the offender

<div class="section1"><div class="Normal">PUNE: It would be difficult to check heinous incidences of child sex abuse unless antiquated laws pertaining to rape are reviewed and a separate law for CSA introduced to facilitate a better rate of conviction.<br /><br />This is the view of a number of legal experts and members of voluntary agencies dealing with CSA in Pune.<br /><br />Police inspector Appa Gawade from the social security cell and juvenile aid of the Pune police control unit told TNN that in a majority of the cases, the heinous crime was committed by a close relative, neighbour or a family friend.<br /><br />“However, more often, the cases are reported very late, after the actual incident.Families of the victim fear social stigma, thereby making it difficult for the police to collect evidence,� Gawade said.<br /><br />Police officials and non-governmental organisations (NGOs) could not provide the precise statistics and conviction rate of CSA cases. But social workers and legal experts said that owing to the time-consuming legal procedures and social implications, less than 10 per cent of rape cases in India end in conviction.<br /><br />Crime records maintained by the Pune police commissionerate show that in 2002, there were 50 rape and 56 molestation cases. In 2003, there were 40 rape and 61 molestation cases. However, city-based women’s and child rights organisation claim that the actual figures are much higher.<br /><br />Under Section 376 of the Indian Penal Code (IPC), rape is a non-bailable offence for which the maximum punishment is 10 years rigorous imprisonment.<br /><br />However, despite the rampant occurrence of CSA, there is no law dedicated to protecting innocent and helpless children.<br /><br /><br /></div> </div><div class="section2"><div class="Normal"><br /><br />Section 376, when patch-worked for CSA cases, slams a minimum of 10 years to life sentence to rapists of children under 12 years. To those held guilty of raping children over 12 years, the punishment ranges from a minimum of seven years to life sentence.<br /><br />Simrita Gopal Singh co-ordinator of Muskaan, who has initiated a campaign against CSA in Pune city since November 2000, said that NGOs and child welfare groups are demanding a separate law to tackle CSA.<br /><br />“The existing laws and court procedures torture the victim, rather than tackle the culprit. The traumatised child is asked questions in public, which is extremely humiliating,� Singh said.<br /><br />However, police officials point out that there is nothing wrong with the existing laws. “Unfortunately, cases do get caught up in the slow judicial procedures.<br /><br />Subsequently, cases drag for years together and the accused usually gets out on bail. Sometimes, due to tampering with evidence, the accused ends being acquitted,� admitted one police official.<br /><br />Psychotherapist Bhooshan Shukla suggests that the police and judges should deal with the interrogation of an abused child with greater sensitivity.<br /><br />“Myths about child abuse and lack of awareness among adults also contribute to the problem,� Shukla added.<br /><br /><formid=367815></formid=367815></div> </div>