CHENNAI: The Madras High Court has called upon the Tamil Nadu government to enact stricter laws to tackle sexual abuse against children, especially when the offenders are family members or individuals known to the victims. The court emphasized the need for stringent punishments to deter such crimes and safeguard children’s rights and well-being.
A division bench comprising Justices G.R. Swaminathan and R. Poornima made these observations while dismissing an appeal by a man convicted and sentenced to life imprisonment for sexually assaulting his stepdaughter in Pudukottai district. The court, citing data from the National Crime Records Bureau (NCRB), noted that in 96% of child sexual abuse cases under the Protection of Children from Sexual Offences (POCSO) Act, the perpetrators were individuals known to the victims. These offenders included family members, family friends, neighbours, and online acquaintances.
The Hidden Trauma
The judges highlighted that offenders often exploit their position of power and proximity to silence the victims through threats or coercion. The court observed that such abuse frequently goes unnoticed or unreported due to the victim’s innocence, fear of stigma, family prestige concerns, or laxity in investigations. The psychological toll of such crimes is immense, with survivors suffering from long-lasting emotional and behavioral trauma, even after physical injuries heal.
“Parents often fail to recognize the signs of abuse, such as changes in attitude, behavior, or psychological state,” the bench remarked. The judges further stated that the nightmarish experiences of abuse leave deep scars, affecting survivors throughout their lives.
Rising Cases of Sexual Abuse in Tamil Nadu
NCRB data from December 2022 painted a grim picture of crimes against women and children in Tamil Nadu. According to the report:
- A girl was sexually assaulted every two hours in the state.
- A woman faced harassment or abuse every hour.
- Crimes against women rose to 9,207 in 2022 from 8,501 in 2021.
- POCSO cases increased from 4,415 in 2021 to 4,906 in 2022, placing Tamil Nadu third in the country, behind Madhya Pradesh (5,951 cases) and Uttar Pradesh (7,970 cases).
Court Recommendations
The High Court urged the state government to take proactive measures to protect children, including: - Conducting awareness programs to educate children, parents, and communities about the dangers of sexual abuse.
- Mandating members of the Child Welfare Committee to visit hostels and schools to identify affected children and take appropriate action.
- Allocating funds to establish protection homes for child victims of abuse.
Education Department’s Measures
In response to rising concerns over child safety, the Tamil Nadu Directorate of Private Schools issued a circular outlining strict penalties for teachers engaging in inappropriate behavior with students. The measures include:
Severe penalties: Teachers found guilty of indecent activities face dismissal, suspension, compulsory retirement, and cancellation of educational certificates.
Student Safety Advisory Committees: Schools are mandated to establish these committees to monitor and address student safety issues.
Awareness campaigns: Schools are required to educate students about the POCSO Act using resources like YouTube videos issued by the National Commission for Child Welfare.
Monitoring by NCC, JRC, and Scouts: These groups will ensure compliance with safety guidelines.
Helpline numbers: Schools must inform students about helplines 14417 and 10980 for reporting harassment or abuse.
District Education Officers (DEOs) have been tasked with conducting training programs for school principals, teachers, and non-teaching staff to raise awareness about child protection measures.
Government Action Against Teacher Misconduct
In June 2024, the Tamil Nadu government issued a Government Order authorizing stringent disciplinary actions against teachers involved in sexual harassment. School Education Secretary D. Sabitha stated that the measures aim to preserve the integrity of the teaching profession. Disciplinary actions, including dismissal and compulsory retirement, can now be initiated against government employees found guilty of such offenses.
The government’s proactive stance comes in the wake of several reports of sexual harassment in schools. These measures are intended to ensure swift and decisive action against offenders, serving as a deterrent to protect children and uphold the nobility of the teaching profession.
