The Suffering Future of Our Country: Developed Country, India

India accounts for the world’s largest child population. Its deprivation of basic material and non-material needs become a concern not only nationally but also globally. The children are born into families that are part of a community, which is, in turn, a part of the country. The rights of children are therefore inextricably linked to the rights of their families and inevitably the communities.

India’s stance has apparently crossed the inflection point, and the direction it decides to move towards is going to draw a blueprint for the future discourse, as well as to epitomize the interventions and policy making. However, the definitive conceptual framework of the Indian epistemic community is terrifically impermeable and generally oblivious to the European and North American countries’ methods, which can be highly germane for the Indian context, provided necessary and relevant modifications are kept into consideration. On the contrary, researchers and policymakers from the north would solemnly renounce the equally simplistic an insight that developed countries can afford to bring their focal point to the child wellbeing, while the developing and under-developed countries should focus of poverty elevation for consequent child wellbeing. Universally, there is a host of the index that can throw light on the wellbeing of children in a country. Many of these are specifically oriented to the lives and needs of children but mostly their experience of existing in a community.

As per the data released by the National Crime Records Bureau in 2017, crimes against children in Bihar alone have seen an elevation of about 36% in the last 5 years (2015-16). A distressing 1,917 cases of crime against children were reported in the year 2015, whereas the forthcoming years saw the numbers add on to 3,932 cases of crime against children. These numbers and figures are a clear indication of failure in child protection mechanisms in the state of Bihar. The question that needs to be answered is whether Bihar has failed in its policy framework or in the implementation of those policies?

Despite having numerous legislations in place such as the National Policy for children, The Protection of Children from Sexual Offenses act, 2012, National Commission for Protection of Child Rights and the Prohibition of Child Marriage Act, 2006 for the protection of the rights of children, there is a gap in the state level administration and administration of these laws. The gap can be attributed to various social as well as economic factors which are specific to certain states such as state budget and the law enforcement organization in a particular state. In the state of Bihar, an increase in crimes against children can be attributed to lack of facilities in schools, the inhibitions surrounding sex education, lack of seriousness about child-related issues etc.

A recent probe by the Cyber Space Foundation has revealed a disturbing number of members on whatsapp sharing photos and videos of sexual abuse involving children, most of them canvassing physical contact. Various child rights bodies demanded stringent action against the perpetrators of such acts. Whatsapp responded by saying that it is outraged by such acts and has also reportedly banned about 2, 50, 000 accounts for such an act. Another article reported that India is amongst those who top the list for perpetrating child pornography. These numbers show that an increase in crimes against children is a global phenomenon however the aforementioned statistics regarding an increase in child targeted crimes are disturbing and need immediate attention of the nation as well as state authorities.

In terms of the laws pertaining to child pornography in India, the only law in place is the Section 67B of the Information Technology Act, 2000 which is evidently insufficient. According to the International center for missing and exploited children, Hong Kong is the only country in Asia and the Pacific which has substantial laws in place for child pornography and related crimes. Although the Information Technology Act, 2000 prescribes punishment for child pornography, it does not define what child pornography is. What constitutes such a heinous crime and what may not fall within its ambit is a gap that needs to be filled by first defining child pornography. Having no definition for such a crime leaves the victims at the mercy of interpretation that in case of children can be a life-scarring experience.

According to an article authored by Esteban Ortiz-Ospina, children who are victims of physical or psychological abuse perform poorly at school in comparison to children who have not faced such abuse. By neglecting to ensure stringent implementation of child welfare laws and schemes, the authorities and the government is not only endangering the present of such children but also hampering their future and so invariably tainting the future potential of the country. In states like Bihar, Haryana, Assam and West Bengal, where communities are ensconced in the ambit of poverty, their vulnerability makes them inevitable targets to crimes like child sexual abuse and child pornography subsequently. Most of such cases do not surface, as they remain hushed within the community because of their financial susceptibility.

A plausible reason why we are unable to target the cancerous problem is because of our system’s negligence in various dynamics. Pawan Duggal, a renowned lawyer and IT expert tells that India has no database of crimes related to child pornography and their offenders. It highlights major fecklessness on both national and state levels. Another example can be seen from a “Draft for Discussion” by “The Bihar State Policy for Children, 2017” which accounted for important topics like education and development, health and nutrition, protection, coordination, action and monitoring, which would have helped to reduce the concerned problem to a great degree. It is time for India to catch up with best practices as other countries, and given the impressive dimensions of India’s academic and professional infrastructure, this should not be an unrealistic goal.