Pedophilia and Child Sexual Abuse: A Socio Legal Perspective

Abstract

Societies worldwide have time and again turned a cold shoulder towards the heinous offence of child sexual abuse, until recent times when such hidden skeletons have walked out of closed cupboards, ranging from clergymen to the preposterously grotesque Nithari incident. This paper throws light on the growing foothold of child sexual abuse in the country by analysing it through varying dimensions. The paper seeks to examine the veracity of the situation of children, especially in a country like India, where the victim, irrespective of his innocence and fragility, loses his voice in the hullabaloo of the dogmas of the society. It is for such societal barriers that the rights of children did not see the light of the day till the year 2012. This article discusses the attempts made to check the child sexual abuse which have been made through legal initiatives and judicial decisions, both at the national and international level. The paper analyses the current situation in India with regard to child sexual abuse, while primarily drawing attention to the recent Protection of Children from Sexual offences Act, 2012 and pointing out the lacunae and shortcomings of the Act in dealing with the peculiar nature of the problem.