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Thursday, January 7, 2010

A law soon on sexual abuse

With the Ruchika's and Jessica's case getting attention from the media, and people of the country standing in unison against power-backed officials and politicians, there is some momentum in the judicial process and also government response. Though these cases and a few others were brought under the scanner, there are definitely thousands of such cases across India which are not being reported.

Now coming back to government response, the government has decided to come up with sexual offenses (special courts) law to provide quick justice to victims of sexual abuse.

According to the law, sexual abuse is to be treated on par with rape and provides for stringent punishments for both, presently only one year imprisonment.
Sexual abuse will include both physical and mental harassment and both are treated on par for punishment.
Onus to prove suicide was not due to harassment lies on the accused.
Special courts to deal with sexual abuse cases on fast track basis within 6 months.

Certainly, law makers are being proactive in drafting a legislation which is waiting for cabinet clearance (cabinet will clear only when none of them will be convicted against any offense under the law and after making sure there are enough loopholes for them to go unscratched, in case opposition comes to power).

Next, what will be considered as sexual abuse? According to wikipedia, "is the forcing of undesired sexual behaviour by one person upon another". This is alright and anybody can reasonably understand such abuse. And it also covers "any behaviour by any adult towards a child to stimulate either the adult or the child sexually". These are one of the various other forms of abuse, which may not be included in the category of sexual abuse at first place, but in fact it may have been sexual abuse.

It is in these circumstances that it will be difficult to define and track what an abuse is. There will be thousands of cases on daily basis which will not be known as abuse to either to offender or the victim. So, there may be cases where abuses are not reported or certain abuses which were not intended being reported.

What is necessary is awareness, particulary amongst the younger generations of today. These days a lot of abuse is being considered as fun, which is socially, culturally and personally harmful. And these are impact of westernisation, that today's generation do not attach significance to - - mind you because of westernisation and not modernisation. Modernisation is adapting to changes and westernisation is adopting the changes.

Before any such legislation, let us be aware of what an abuse is.

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