Justice for the survivor of child sexual abuse

Sexual abuse inflicts deep and lasting trauma, often by someone the child knows and trusts, in places where they should feel safe. This creates a dynamic where children are less likely to report abuse due to fear or a lack of understanding. 

India witnessed a staggering 8.7% increase in child abuse cases with a total of 162,449 incidents in 2022 compared to 149,404 in 2021, according to the data from the National Crime Records Bureau (NCRB). However, there is a general reluctance to talk about the topic due to social stigma, economic pressures, fear and lack of awareness, particularly among the vulnerable and rural population, so the real number of cases could be much higher.

 

Kajal’s* life was no different. She was just eight years old when she was raped by her older brother. Before she could understand what was happening to her, she was left stripped of her innocence and became fearful of her home, the world and the people around her. Her younger brother was deeply shocked to witness the crime and acted quickly to stop it. However, it was too late. She was bruised badly. 

 

Losing her parents as a toddler, Kajal along with her two brothers were taken care of by a relative. They tried hard, but it wasn’t easy to provide the care and affection children needed. Mostly, they grew up on their own.

 

Child sexual abuse is a silent and secret national scourge, which enables the perpetrators and keeps them safe in the knowledge that society is too afraid to hold them to account. Survivors have been silenced for too long due to power imbalances and deterred because there was limited help on the legal front. 

 

Thanks to Kajal’s younger brother, Kajal’s case was reported as soon as he witnessed it. The First Investigation Report (FIR) was filed under the Protection of Children from Sexual Offences Act (POCSO Act, 2012). VIHAAN was brought on board by the Child Welfare Committee to help Kajal with care, counselling and legal support. The Child Welfare Committee is a government institution which aims to shield children from any threats and ensure protection for child victims like Kajal. 

During the counselling, we learnt that Kajal has been sexually abused by her older brother since the age of 3. It was too much to recollect. Kajal wanted to shut out. Our counsellors, social workers and lawyers helped to understand the importance of evidence; days became weeks, and weeks turned into months. Having worked with survivors like Kajal, we knew that these children need time – but equally, they are brave and want justice.

 

Additionally, there has been a long delay for the court summons to reach the child due to varied reasons such as incorrect address and inadequate protection for the victim's transport.

 

Then, one day, Kajal came forward and recorded the evidence in the court. 

After years of relentless pursuit by VIHAAN’s legal team, Kajal received justice. The accused was sentenced to 20 years of imprisonment. Kajal received the compensation amount per the Delhi Victim Compensation Scheme, 2018 of INR 10.5 Lakhs.  

 

We continue to support Kajal with her healing journey; it is slow and painful and still in progress.

 

VIHAAN works to prevent and respond to violence against children by creating child-friendly Community Empowerment Centres, empowering vulnerable young women and adolescent girls with skill-based employability training, educating children about their bodies, providing medical assistance, mental health and psychosocial support to child survivors and supporting survivors to seek justice.

 

With our Legal interventions programme, we work closely with the investigators, child protection officers and other relevant stakeholders so that children who choose to participate in accountability processes are supported and their rights are respected.

 

Our community mobilisation and awareness-raising initiatives under the programme, Education and child safety, were designed to alert children and communities of their rights and how to report human trafficking, including child sexual abuse cases. 

Ending sexual abuse of children may seem like an insurmountable task, but when we use our collective voice and demand action, a safe environment can be created where our daughters, sons, students, friends and siblings will be protected from trafficking, abuse and exploitation – and feel free to grow to their full potential.

 

Should you become aware of credible information regarding an incident of child sexual abuse, please report it by emailing info@vihaan-wms.org.

*Name has been changed to protect survivor's identity.