Child abuse: India, Ganauli

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(Protection of Children against Sexual Offences Act (POCSO))
 
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This is a collection of articles archived for the excellence of their content.<br/>
 
This is a collection of articles archived for the excellence of their content.<br/>
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[[Category:Education |G ]]
  
= Protection of Children against Sexual Offences Act (POCSO)=
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=Gram pathshalas=
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=8-cases-of-child-abuse-every-day-6816-09072015017025 ''The Times of India''], Jul 09 2015
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==As in 2021==  
[[File: Child abuse, state-wise.jpg|Child abuse, state-wise; Graphic courtesy: [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=8-cases-of-child-abuse-every-day-6816-09072015017025 ''The Times of India''], Jul 09 2015|frame|500px]]
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[https://timesofindia.indiatimes.com/city/ghaziabad/the-cops-who-became-angel-investors-and-started-a-library-movement/articleshow/81255031.cms  Sharmila Bhowmick, March 1, 2021: ''The Times of India'']
  
Himanshi Dhawan
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[[File: Boys in cubicles in Gram pathshala in Ganauli.jpg| Boys in cubicles in Gram pathshala in Ganauli <br/> From: [https://timesofindia.indiatimes.com/city/ghaziabad/the-cops-who-became-angel-investors-and-started-a-library-movement/articleshow/81255031.cms  Sharmila Bhowmick, March 1, 2021: ''The Times of India'']|frame|500px]]
  
''' 8 cases of child abuse every day 6,816 '''  
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''' The cops who became ‘angel investors’ and started a library movement '''
  
Eight cases of sex crimes against children have been registered every day in the last two years. About 6,816 police cases were registered from November, 2012 -when the Protection of Children against Sexual Offences Act (POCSO)--came into force up to March, 2015.
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GHAZIABAD: Ghaziabad: Philanthropy that can make a difference does not always need a grand scale and a tycoon with a fortune to spend. During last year’s lockdown, around 130 police constables living in and around a Ghaziabad village called Ganauli contributed Rs 5,000 each to set up a ‘gram pathshala’ — essentially a free-of-cost public library with textbooks and study material — to help local students access study material for higher education and competitive exams. Today, these ‘gram pathshala’ have become a movement – they have spread to eight districts, including Kudi Khera in Noida.  
The highest number of FIRs has been registered in Rajasthan followed by Maharashtra, Uttar Pradesh, Madhya Pradesh and Kerala according to data available with the National Commission for Protection of Child Rights (NCPCR).The number of convictions is only 166 that is 2.4% of the total cases registered while in 389 cases accused were acquitted.
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The driving force was Lal Bahar, a former Delhi Police sub-inspector who works with the National Human Rights Commission. Bahar, now in his late 40s, sees a satisfying career ahead of him but the path wasn’t easy, he said, adding all he wanted to do was make life a little easier for kids in Ganauli. Once the Ganauli pathshala was set up, Bahar and some others reached out to people they knew in other parts of UP.  
  
There is a rising trend of crime against children. This is also borne out by National Crime Records Bureau (NCRB) data that has recorded 33,052 Cases, 38,172 cases and 58,224 cases during 2011, 2012 and 2013 respectively . According to a study conducted by the WCD ministry in 2007, over half of the children surveyed reported having faced some form of sexual abuse, with their suffering exacerbated by the lack of specific legislation to provide remedies for these crimes.
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Bahar said the idea to start the pathshala came from the struggles he faced during his student days while preparing for the police entrance exams. “There are no such study centres in villages. There is no bandwidth for high-speed internet, not everyone has smartphones, and there are hardly any coaching centres. Families have grown and the space is limited — where would children get the opportunity to focus, study and prepare for competitive examinations? These thoughts were the basis for the idea of a gram pathshala. It has grown out of Ganauli to become a mission for us,” Bahar told TOI.  
  
While rape is considered a serious offence under the Indian Penal Code, the law was deficient in recognizing and punishing other sexual offences, such as sexual harassment, stalking, and child pornography , for which prosecutors had to rely on imprecise provisions such as “outraging the modesty of a woman“. Recognizing the problem, the government introduced POCSO to address rampant child sexual abuse through less ambiguous and more stringent legal provisions, championed the introduction of a specific law to address this offence.
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Sonu Baisla (34), a Delhi police sub-inspector who joined hands with Bahar to launch the initiative, said he tested positive while on Covid-19 duty and returned home to Ganauli after treatment in June last year, where he saw children struggling to continue their studies during the lockdown. “I got in touch with Bahar. Our ideas matched and we united for this academic mission in our village. We have started this initiative so that our children can go several notches above us in the civil services and our village gets a few IAS officers in future,” Baisla said.  
  
==2013-14: Pendency: 85%, disposal: 15%; conviction: 2%==
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Bahar added, “We convinced everyone in the village about the need for a library such as this, and everyone came on board. We collected money from those who were employed and soon built a corpus of around Rs 5 lakh.”
  
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=2-POCSO-cases-end-in-conviction-15092015007005 ''The Times of India''], Sep 15 2015
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Soon enough, a derelict room in the village that was being used by locals to play cards or socialise was torn down and transformed. The pathshala was inaugurated on August 20. It has 65 cubicles, racks full of study material and bottled water to drink. Contests are held frequently to nurture a spirit of competition. “The facility is free, runs round the clock and is absolutely safe. Students spend hours here. Now, they have also formed a community and senior students are helping their juniors. It is a heartwarming experience to see the zeal among students,” said Ravinder Singh (32), a Delhi Police constable.  
[[File: Sexual abuse of children, region-wise in Delhi, April 1, 2013 to March 31, 2014.jpg|Sexual abuse of children, region-wise in Delhi: April 1, 2013 to March 31, 2014; Graphic courtesy: [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=2-POCSO-cases-end-in-conviction-15092015007005 ''The Times of India''], Sep 15 2015|frame|500px]]
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Ambika Pandit
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Monu (24), a graduate, is among aspirants preparing for the upcoming UPSC exams at the pathshala. After completing a stint in the Army, he now works at a brick kiln during the day. “At night, I study till late in the gram pathshala and catch a few hours of sleep before getting back to the kiln,” he said.
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Kuldeep Bainsla (28), a sub-inspector with UP Police, is also preparing for the civil exams. He studies for 14 hours every day at the centre. “In our village, if a boy grows to the height of 5ft 7inches and completes Class XII, he is expected to crack the police entrance test,” he said.
  
''' 2% POCSO cases end in conviction '''
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Despite the scale of their mission, the only contribution the gram pathshala members are seeking is dedication and time. “Since it is a service to uplift our village, we have refused any kind of contribution, be it funds or even books. No donation is welcome because we want to keep the sanctity of the place intact,” Devender Singh (45) a Delhi Police head constable, said.
  
In a shocking finding, the average pendency in Delhi's children's courts during the financial year 2013-14 of cases registered under Protection Of Children from Sexual Offences Act has been revealed to be as high as 85%, with West district recording the maximum of 93%.
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Kudi Khera, a small village in Bisrakh around an hour away from Noida, got its first gram pathshala last Sunday in the corner of a local primary school. “We had a room to spare and converted it. There is enthusiasm among village children to study, as they often don’t get the right books, study material or ambience to focus,” Ajay Pal Nagar, an assistant teacher at the school, said.  
The data, thrown up in an analysis by Delhi Commission for Protection of Child Rights, shows gross violation of Section 35(2) of POCSO Act, which mandates completion of trials as fast as possible. The report, which describes the statistics as a “sorry picture“, also calculates the average percentage of convictions to be about 2%. Just 15% cases are disposed of.
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“This commission feels that such a high percentage of pendency and low percentage of conviction can be attributed to the fact that children's courts are not fully dedicated to the cases. They handle matters related to children in addition to usual cases allotted to them. As a result, the legal requirement that the case be disposed of within a year is not being adhered to,“ says the report.
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“After the success of Ganauli, the message spread through word of mouth. In just six months, we are now present in 50 villages in Ghaziabad, Hapur, Baghpat, Bulandshahr, Gautam Budh Nagar, Muzaffarnagar, Meerut and Saharanpur. Our motto is that every Indian village should have one library, which would make it around 6,64,369 libraries pan-India,” Bahar said.  
  
The total number of cases registered by Delhi Police under the Act between December 2012 and March 2014 is 1,492.The maximum number of cases under POCSO Act was registered in the police district of Outer Delhi (226) followed by West (200) and Southeast (176).The highest percentage of sexual abuse of children by known persons was reported from Outer district again (94 cases) followed by Southeast (93 cases) and SouthCentral districts (91 cases). The average percentage of such crimes is 89%.
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On how they are spreading the word, he said: “We are conducting cycle yatras in villages and meeting gram panchayats. We hold one meeting in the village to spread awareness, and then counsel the villagers on how to build the library and then let them do it for themselves.
  
“This percentage is contrary to the findings of the Government of India study of 2007 which stated that 50% of abus ers are persons known to the child or in a position of trust and responsibility . That report also stated that most children did not report the matter to anyone. Our analysis shows that more and more cases are being reported to the Delhi Police,“ said DCPCR chairperson Arun Mathur.
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The gram pathshala is filling a big gap in educational infrastructure in rural areas, feel sociologists. “There is a huge gap in educational infrastructure in villages and this library movement seems to be trying to fill some of that,” Prakash Chandra Dilare, professor in the department of social sciences of Gautam Budh University and a rural development expert, told TOI.
 
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The report says that investigation under POCSO Act has gained momentum only since mid-2013. “Since the POCSO Act came into force in November 2012 and cases would have begun to get registered a few months thereafter, it can be safely presumed that investigation under the law gained momentum only from the middle of 2013 onwards. With increasing awareness of the Act, there has been an increase in the reporting of cases under the Act,“ says the report.
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==SC: mentally retarded adult not a child==
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[http://www.thehindu.com/todays-paper/tp-national/sc-mentally-retarded-adult-not-a-child/article19328475.ece  July 22, 2017: The Hindu]
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“The purpose of POCSO Act is to treat the minors as a class by itself and treat them separately so that no offence is committed against them as regards sexual assault, sexual harassment and sexual abuse. Parliament has deliberately fixed the age of the child and it is in the prism of biological age. If any determination is required, it only pertains to the biological age, and nothing else,” Justice Misra dismissed the idea of “mental age” in POCSO.
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Justice Misra observed that since there are different degrees of mental retardation, the court would have to go into the question of consent to the sexual act. This is not provided for in POCSO.
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=2012-13: Children, victims of urbanisation=
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[[File: Children as victims of urbanisation.jpg|Children as victims of urbanisation; Graphic courtesy: [http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=Crime-disease-stalk-urban-children-18072015018005 ''The Times of India''], Jul 18 2015|frame|500px]]
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[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=Crime-disease-stalk-urban-children-18072015018005 ''The Times of India''], Jul 18 2015
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Sushmi Dey
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''' Crime, disease stalk urban children '''
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'' Incidents against kids rose by 52.5% between 2012 and 2013, says study ''
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Increasing urbanization has led to a rise in disease burden among children as well as crime against them. While there was a 24% increase in crime against children between 2010 and 2011, it has risen by 52.5% from 2012 to 2013, a new report by Save the Children shows.
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Similarly , urbanization has led to many other problems among children, including health issues like undernutrition, stunting and even high infant mortality rate.
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“A higher-than-average crime rate clearly means that children in cities are not only victims to such violence but are in danger of becoming a part of organized crime rackets, especially when faced with circumstances such as disruption in schooling, dysfunctional family , lack of parental care and exposure to substance abuse,“ the report said.
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According to the report, major crimes against children include trafficking, kidnapping, rape and infanticide, while the girl child is affected the most due to the proliferation of sex work in cities.
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Citing NCRB data from 2012, the report places Bengaluru at the top of the list of 88 Indian cities, with 551 cases of crime against children. Mumbai stands second, and Delhi comes third with 363 cases.
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India is going through a crucial phase of transition, from a predominantly rural country to one where a majority of people now aspire to live in cities. However, the report points out that while the number of people residing in urban India is on the rise, equally alarming is the rise in the number of urban poor.
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According to the report, inadequate basic amenities, poor health outcomes, unstable incomes, and poor consumption expenditure are some of the key reasons responsible for the dire state of children in urban India.
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Though immunization coverage has improved in urban India, undernutrition continues to be a serious problem with 32.7% of urban children under the age of five years reported to be underweight and 39.6% stunted.Obesity is also on the rise.
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Highlighting the longterm consequences of malnutrition, the report says the impact of undernutrition on the girl child has serious inter-generational effects as a stunted young girl is likely to grow to be a stunted adolescent girl and subsequently a stunted woman with increased chances of giving birth to an undernourished child.
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=Judicial verdicts=
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==Protect identity of minors subjected to abuse: HC==
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[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=IN-THE-COURT-Protect-identity-of-minors-subjected-13122016002040 ''The Times of India''], December 13, 2016
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Abhinav Garg
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Identity of minors subjected to sexual offences should not be disclosed anywhere in the judicial record, the Delhi high court has ordered.
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The high court gave the direction while pulling up a special judge in a POCSO Court who had revealed the identity of a girl raped by her stepfather in court documents. The minor's rape had resulted in the 14-year-old giving birth to a child. “It is the statutory responsibility of the special court to ensure that the identity of the minor is not disclosed at any time during the course of investigation or trial. The provision carves out an exception for the court to permit such disclosure but the consideration therefore being against “the interest of the child“. As clarified in the explanation, the identity of the child does not mean only the name but includes the identity of family, school, relatives, neighbourhood or any other information by which hisher identity may stand exposed,“ a bench of justices Gita Mittal and R K Gauba noted.
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The bench dismissed an appeal filed by the stepfather against his conviction and gave him a life term, making it clear he will remain in prison for the rest of his life. “Though directions on the subject have been given in the past, we rei terate and direct that all the trial courts shall ensure that the identity of the survivor in cases involving sexual offences shall not be disclosed anywhere in the judicial record and that names shall be referred by pseudonyms...and they be so identified during the course of trial and in the judgment,“ the bench said, directing the subordinate judiciary and the Delhi government to take note.
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The court also expressed concern at the “complete vacuum“ in the Delhi government compensation guidelines for survivors of sexual offences. It pointed out that according to the 2011 scheme that is in force, there is no scope to award compensation to a child born of sexual offence.
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Revision as of 22:19, 7 March 2021

This is a collection of articles archived for the excellence of their content.
Additional information may please be sent as messages to the Facebook
community, Indpaedia.com. All information used will be gratefully
acknowledged in your name.

Gram pathshalas

As in 2021

Sharmila Bhowmick, March 1, 2021: The Times of India

Boys in cubicles in Gram pathshala in Ganauli
From: Sharmila Bhowmick, March 1, 2021: The Times of India

The cops who became ‘angel investors’ and started a library movement

GHAZIABAD: Ghaziabad: Philanthropy that can make a difference does not always need a grand scale and a tycoon with a fortune to spend. During last year’s lockdown, around 130 police constables living in and around a Ghaziabad village called Ganauli contributed Rs 5,000 each to set up a ‘gram pathshala’ — essentially a free-of-cost public library with textbooks and study material — to help local students access study material for higher education and competitive exams. Today, these ‘gram pathshala’ have become a movement – they have spread to eight districts, including Kudi Khera in Noida. The driving force was Lal Bahar, a former Delhi Police sub-inspector who works with the National Human Rights Commission. Bahar, now in his late 40s, sees a satisfying career ahead of him but the path wasn’t easy, he said, adding all he wanted to do was make life a little easier for kids in Ganauli. Once the Ganauli pathshala was set up, Bahar and some others reached out to people they knew in other parts of UP.

Bahar said the idea to start the pathshala came from the struggles he faced during his student days while preparing for the police entrance exams. “There are no such study centres in villages. There is no bandwidth for high-speed internet, not everyone has smartphones, and there are hardly any coaching centres. Families have grown and the space is limited — where would children get the opportunity to focus, study and prepare for competitive examinations? These thoughts were the basis for the idea of a gram pathshala. It has grown out of Ganauli to become a mission for us,” Bahar told TOI.

Sonu Baisla (34), a Delhi police sub-inspector who joined hands with Bahar to launch the initiative, said he tested positive while on Covid-19 duty and returned home to Ganauli after treatment in June last year, where he saw children struggling to continue their studies during the lockdown. “I got in touch with Bahar. Our ideas matched and we united for this academic mission in our village. We have started this initiative so that our children can go several notches above us in the civil services and our village gets a few IAS officers in future,” Baisla said.

Bahar added, “We convinced everyone in the village about the need for a library such as this, and everyone came on board. We collected money from those who were employed and soon built a corpus of around Rs 5 lakh.”

Soon enough, a derelict room in the village that was being used by locals to play cards or socialise was torn down and transformed. The pathshala was inaugurated on August 20. It has 65 cubicles, racks full of study material and bottled water to drink. Contests are held frequently to nurture a spirit of competition. “The facility is free, runs round the clock and is absolutely safe. Students spend hours here. Now, they have also formed a community and senior students are helping their juniors. It is a heartwarming experience to see the zeal among students,” said Ravinder Singh (32), a Delhi Police constable.

Monu (24), a graduate, is among aspirants preparing for the upcoming UPSC exams at the pathshala. After completing a stint in the Army, he now works at a brick kiln during the day. “At night, I study till late in the gram pathshala and catch a few hours of sleep before getting back to the kiln,” he said. Kuldeep Bainsla (28), a sub-inspector with UP Police, is also preparing for the civil exams. He studies for 14 hours every day at the centre. “In our village, if a boy grows to the height of 5ft 7inches and completes Class XII, he is expected to crack the police entrance test,” he said.

Despite the scale of their mission, the only contribution the gram pathshala members are seeking is dedication and time. “Since it is a service to uplift our village, we have refused any kind of contribution, be it funds or even books. No donation is welcome because we want to keep the sanctity of the place intact,” Devender Singh (45) a Delhi Police head constable, said.

Kudi Khera, a small village in Bisrakh around an hour away from Noida, got its first gram pathshala last Sunday in the corner of a local primary school. “We had a room to spare and converted it. There is enthusiasm among village children to study, as they often don’t get the right books, study material or ambience to focus,” Ajay Pal Nagar, an assistant teacher at the school, said.

“After the success of Ganauli, the message spread through word of mouth. In just six months, we are now present in 50 villages in Ghaziabad, Hapur, Baghpat, Bulandshahr, Gautam Budh Nagar, Muzaffarnagar, Meerut and Saharanpur. Our motto is that every Indian village should have one library, which would make it around 6,64,369 libraries pan-India,” Bahar said.

On how they are spreading the word, he said: “We are conducting cycle yatras in villages and meeting gram panchayats. We hold one meeting in the village to spread awareness, and then counsel the villagers on how to build the library and then let them do it for themselves.”

The gram pathshala is filling a big gap in educational infrastructure in rural areas, feel sociologists. “There is a huge gap in educational infrastructure in villages and this library movement seems to be trying to fill some of that,” Prakash Chandra Dilare, professor in the department of social sciences of Gautam Budh University and a rural development expert, told TOI.

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