violence against women in india_0001

8/20/2019 Violence Against Women in India_0001

1/83

Violence Against Women in IndiaA Literature Review

Sheela Saravanan

Institute of Social Studies Trust (ISST)March 2


2/83

1. INTRODUCTION

Violence against women is !artl" a result of gender relations that assumes men to #e

su!erior to women$ %iven the su#ordinate status of women& much of gender violence is

considered normal and en'o"s social sanction$ Manifestations of violence include !h"sical

aggression& such as #lows of var"ing intensit"& #urns& attem!ted hanging& seual a#use

and ra!e& !s"chological violence through insults& humiliation& coercion& #lacmail&

economic or emotional threats& and control over s!eech and actions$ In etreme& #ut not

unnown cases& death is the result$ (Adriana& *++,) These e!ressions of violence tae

!lace in a man-woman relationshi! within the famil"& state and societ"$ .suall"& domestic

aggression towards women and girls& due to various reasons remain hidden$

/ultural and social factors are interlined with the develo!ment and !ro!agation of

violent #ehaviour$ With different !rocesses of socialisation that men and women

undergo& men tae u! stereot"!ed gender roles of domination and control& whereas

women tae u! that of su#mission& de!endence and res!ect for authorit"$ A female child

grows u! with a constant sense of #eing wea and in need of !rotection& whether

!h"sical social or economic$ This hel!lessness has led to her e!loitation at almost

ever" stage of life$

The famil" socialises its mem#ers to acce!t hierarchical relations e!ressed in une0ual

division of la#our #etween the sees and !ower over the allocation of resources$ The

famil" and its o!erational unit is where the child is e!osed to gender differences since

#irth& and in recent times even #efore #irth& in the form of se-determination tests leading

to foeticide and female infanticide$ The home& which is su!!osed to #e the most secure

!lace& is where women are most e!osed to violence$

Violence against women has #een clearl" defined as a form of discrimination in numerous

documents$ The World 1uman Rights /onference in Vienna& first recognised gender-

#ased violence as a human rights violation in *++$ In the same "ear& United Nations

declaration& *++& defined violence against women as 3an" act of gender-#ased


3/83

violence that results in& or is liel" to result in& !h"sical& seual or !s"chological harm or

suffering to a woman& including threats of such acts& coercion or ar#itrar" de!rivations of

li#ert"& whether occurring in !u#lic or !rivate life4$ (/ited #" %ome5& *++,)

Radhia /oomaraswam" identifies different inds of violence against women& in the

.nited 6ation7s s!ecial re!ort& *++8& on Violence Against Women9

a) :h"sical& seual and !s"chological violence occurring in the famil"& including #attering&

seual a#use of female children in the household& dowr" related violence& marital ra!e&

female genital mutilation and other traditional !ractices harmful to women& non s!ousal

violence and violence related to e!loitation$

#) :h"sical seual and !s"chological violence occurring within the general communit"&

including ra!e& seual a#use& seual harassment and intimidation at wor& in educational

institutions and elsewhere& trafficing in women and forced !rostitution$

c) :h"sical& seual and !s"chological violence !er!etrated or condoned #" the state&

wherever it occurs$

This definition added ;violence !er!etrated or condoned #" the State7& to the definition #"

.nited 6ations in *++$

/oomaraswam" (*++2) !oints out that women are vulnera#le to various forms of violent

treatment for several reasons& all #ased on gender$

*)


4/83

/om#ining these t"!es of a#use with the conce!t of hierarchical gender relations& a

useful wa" to view gender violence is #" identif"ing where the violence towards women

occurs$ ?ssentiall"& violence ha!!ens in three contets - the famil"& the communit" and

the state and at each !oint e" social institutions fulfil critical and interactive functions in

defining legitimating and maintaining the violence$

*) The famil" socialises its mem#ers to acce!t hierarchical relations e!ressed in une0ual

division of la#our #etween the sees and !ower over the allocation of resources$

2) The communit" (i$e$& social & economic& religious& and cultural institutions) !rovides

the mechanisms for !er!etuating male control over women7s seualit"& mo#ilit" and

la#our$

) The state legitimises the !ro!rietar" rights of men over women& !roviding a legal #asis

to the famil" and the communit" to !er!etuate these relations$ The state does this through

the enactment of discriminator" a!!lication of the law$

Margaret Schuler has divided gender violence into four ma'or categories9

*) >vert !h"sical a#use (#attering seual assault& at home and in the wor !lace)

2) :s"chological a#use (confinement& forced marriage)

) @e!rivation of resources for !h"sical and !s"chological well #eing (health=nutrition&

education& means of livelihood)

) /ommodification of women (trafficing& !rostitution)

Adriana %ome5 has also taled a#out two #asic forms of violence& that is9 structural and

direct$ Structural violence arises from the dominant !olitical& economic and social

s"stems& in so far as the" #loc access to the means of survival for large num#er of

!eo!le9 for eam!le& economic models #ased on the su!er-e!loitation of thousands for

the #enefit of a few& etreme !overt" in o!!osition to ostentatious wealth& and re!ression

and discrimination against those who diverge from given norms$

Structural violence according to her is the #asis of direct violence& #ecause it influences

the socialisation which causes individuals to acce!t or inflict suffering& according to the


5/83

social function the" fulfil$ >!en or direct violence is eercised through aggression& arms

or !h"sical force$ (Larrain and Rodrigue& *++)

The Bourth /onference of Women& *++8 has defined violence against women as a

!h"sical act of aggression of one individual or grou! against another or others$ Violence

against women is an" act of gender-#ased violence which result in& !h"sical& seual or

ar#itrar" de!rivation of li#ert" in !u#lic or !rivate life and violation of human rights of

women in violation of human rights of women in situations of armed conflicts$

(/onference on Women&


6/83

#ehaviour or an interaction& whether this #e within the wor!lace& the home& on the streets

or in an" other area of the communit"4$


7/83

2. CHILD

2.a. Female Foeticide and Infanticide

Technologies lie amniocentesis and ultrasound used in most !arts of the world& largel"

for detecting foetal a#normalities& has #een used in large !arts of the Indian su#continent

for determining the se of the foetus so that it can #e a#orted& if it ha!!ens to #e a female$

The information of the se of the un#orn was #eing etensivel" misused$

To !revent female foeticide and to restrict this misuse& the :renatal @iagnostic Techni0ues

(Regulation and :revention of Misuse) Act was !assed on 2th Se!tem#er *++$ The Act

for#ids the communication of the se of the foetus& #ut the enforcement of this act is not

eas" (6egi& *++CG2,)$

Medical Termination of :regnanc" Act (MT:A) *+C* allows a#ortion if the doctor is of the

o!inion that the continuance of the !regnanc" would endanger the life of the !regnant

woman or involve grave in'ur" to her !h"sical or mental health9 or there is su#stantial ris

that the child would suffer from disa#ling !h"sical or mental a#normalities$ The anguish

caused #" !regnanc" as a result of ra!e& or as a result of failure of an" device or method

used #" a married cou!le for the !ur!ose of limiting the num#er of children& ma" #e

!resumed to constitute a grave in'ur" to the woman7s mental health$ If the !regnanc" is

twelve wees old& the o!inion of one registered medical !ractitioner is sufficient9 for

!regnanc" of #etween twelve and twent" four wees& the o!inion of two registered medical

!ractitioner is re0uired$ The matter is thus !urel" #etween her and the medical !ractitioner

and even the hus#ands7 consent #ecomes unnecessar"$ In realit"& however& a woman7s7 right

to a#ortion is ver" restricted and mostl" it turns out to #e a famil" decision$ Various court

'udgements have held that a#orting a foetus without the hus#ands7 consent would amount

to cruelt" under the 1indu Marriage Act and hence a ground for divorce$ (Ramaseshan&

*++EG ,)$ The !rocedure gets ram!antl" misused with the colla#oration of the medical

fraternit"& as an alternative in the case of cou!les who do


8/83

not o!t to !ractise famil" !lanning methods and who want to do awa" with the unwanted

child (6egi& *++CG2,)$

The earliest nown legislation against female infanticide was enacted #" the


9/83

(/hunath et al& *++C)$ The first recorded instance in India& dates to *CE+ when Fonathan

@uncan& a ver the !ast two

decades& the region has attracted wide attention due to the !revalence of the !ractice of

female infanticide in .silam!atti talua$ This region has a !redominant large !o!ulation

of Kallars. (6egi& *++CG )

In *++2& when female infanticide was found to #e wides!read in Salem @istrict and the

Gounder communit" was considered to #e the one !ractising it$ In a surve" done #"


10/83

/hunath and Athre"ai& it was found that this !ractice has s!read to man" castes$ The data

the" collected from one district alone - @indugal (now Mannar Tirumalai)& Tamil 6adu&

show occurrence of female infanticide in 8 (self ascri#ed) caste grou!s$ The" conclude

that while the Piramalai Kallars and Gounders in their res!ective areas of numerical and

social dominance ma" have initiated the !ractice of female infanticide& it now a!!ears to

cut across all castes$ The" sa" that& !ro#a#l" the !ractice of female infanticide #" the

dominant !easant= landlord caste of the local communit" served to legitimate and !rovide

social sanction to the !ractice and contri#ute su#stantiall" to its s!read among all castes$

The value s"stem and norms of ritual e!enditure !attern of the dominant

!easant=landlord caste of the region raise the !erceived cost of #ringing u! female infants&

for !oorer mem#ers of the dominant caste in !articular& and for all castes in general$

(/hunath et al& *++CG WS2C) Although this ma" #e true in some areas& it cannot #e

generalised$ /hunath Athre"a in their stud"& also found that the !ractice is wides!read

among the scheduled castes and tri#es$

According to the stud" done #" %eorge and others ii in *++2& out of the *E cases of female

infanticide (of married mothers) that the" came across& *C were among the Gounders$ The

remaining one case occurred among the Arunthatis (co##lers) a scheduled caste (%eorge

et al& *++2G**88)$ In in Datihar

@istrict& of 8 Dais& this !ractise originall" #egan among a!"uts #ut s!read to man"

castes including the #umihars$ #rahmins$ Ka%asthas$ &adavas and some scheduled castes$

This& the" sa"& is similar to the case in Tamil 6adu& where it originall" #egan with

Gounder caste and has now s!read to almost all castes (Times of India& 22nd A!ril)$ What

maes the !ractice im!ortant in the contem!orar" societ" is that there are indications of

its increase in occurrence$

It is difficult to o#tain carefull" confirmed first hand data on infanticide cases and social

varia#les related to infanticide$ There is also a !ro#lem of gathering data on direct or

indirect infanticide through an" #rief field wor (%eorge et al& *++2G**8) It maes it

even more difficult to o#tain data when !eo!le remain tight li!!ed a#out the situation$

6ow that the !ractice has #een recognised as a crime #" law and the increase in


11/83

awareness among the !eo!le& the" have #ecome cautious a#out revealing facts to

investigators$

There are few clear indicators to identif" the etent of female infanticide$ 1owever it is

nown that in an" genetic grou!& the !ro!ortion of males to females is fairl" e0ual$

Studies #ased on hos!ital #irth records show that #o"s outnum#er girls at #irth under

natural circumstances$ Initiall" the mortalit" rate among #o"s is higher than among girls&

so the ratio #alances out in the long run$ 1ence an adverse se ratio (num#er of females

!er thousand males) es!eciall" in the first few "ears of life& and gender differences in

Infant Mortalit" Rate (IMR) are significant !ointers towards the !ossi#ilit" of female

infanticide$ (6egi& *++CG 8)

Agnihotri (*++8)& has wored out a statistical formula for disaggregating the ;missing

females7 in the overall !o!ulation of the countr" and has com!uted the missing females

in a demogra!hic anal"sis #ased on se ratio$ 1e has used the census data for this

!ur!ose$ Se ratio data would undou#tedl" include those who are victims of

malnutrition& dela"ed health care and other forms of childhood a#use& including

infanticide& and in recent "ears foeticide$ 1is estimation is #ased on the total num#er of

females re0uired to #e added on to reach the level of the male !o!ulation over a !eriod

of "ears$ This disaggregation can #e done for the whole countr"& for an" caste& class&

age& or regional su# grou! to show which section is contri#uting largel" to the ;missing

females7 in the !o!ulation$

/hunath and others in their re!ort sa" that :1/ !rovide information on !regnancies&

deliveries& #irths& still #irths& earl" neo natal (-, da"s) deaths& other neo natal deaths (C2C

da"s)& and !ost natal (2E-, da"s) deaths gender-wise (/hunath et al& *++CG WS2)$

The field staff of the !u#lic health networ also o#tains information on causes of infant

deaths and one of the cause is ;death due to social causes7$ This categor" refers to

male=female infanticide (/hunath et al& *++CG WS2) The most significant indicator


12/83

would #e the neo natal mortalit" rate (-C da"s) and it is here that the gender differences

assume significance es!eciall" if the anal"sis is #ased on :1/ records$ What also needs to

#e found is the accurac" of this data$ It ma" #e !ossi#le that the registering of a neo natal

death is done in the !ost natal !eriod& in which case the data will #e distorted$

Tamil 6adu& in *++,& had decided to conduct the surve" of 2 revenue districts (R@s)

divided into * health unit districts (1.@s) iii$ The data that is easil" accessi#le and

availa#le in Tamil 6adu& ma" not #e in some other states$

The 6ational Bamil" 1ealth Surve" (*++8) found that the !ost neonatal mortalit" is *J

higher for females than males& and child mortalit" is J higher for female than for

males$


13/83

(more than 8) #ecome victims of infanticide$ (%eorge et al& *++2G **8) The Registrar

%eneral of India& Mr Vi'a" .nnirishnan sa"s that each "ear there are 28 million #irths

and + million deaths in the countr"& #ut onl" J of these events are registered (1indu&

+th Ful" *++E)$ These non-registered #irths and deaths are untracea#le #" an" secondar"

data$

The hos!ital records can onl" re!ort the #irths that tae !lace in hos!itals$ It is a common

!ractice in rural India that the deliver" is done #" the midwives and at home$ It is also

nown through various surve"s that midwives are !ressurised to ill the children$ Women

ma" migrate to their !aternal home for deliver"$ All these factors mae it difficult to

record the death of female #a#ies$

The !eo!le who actuall" ill the child are the dais& fathers& mothers or elder female

mem#ers of the famil" (6egi& *++CG2)$ Adithi& a local 6%> in Datihar @istrict&


14/83

districts surve"ed in Tamil 6adu$ >n the other hand& mortalit" rates are considera#l"

higher for female as against male infants in the entire neo-natal !hase (/hunath et al&

*++CG WS28)

This means that the #a#ies are illed at a neo natal stage& which maes it more im!ortant

to find out when the re!orting of death is done in the :1/s$

Modernisation has #een cited #" 6egi as a reason for female infanticide& as there was a

shift from growing traditional cro!s to cash cro!s$ Madurai @istrict was rainfed 5one and

#oth women and men used to #e 'ointl" involved in the !rocess of cultivation$ Women had

the nowledge of how to cultivate seeds in the traditional wa"& when to start collecting

them& when to sow them and how to store them$ The" also had the nowledge of& what

inds of fertilisers are necessar" and should #e used and so on$ With the construction of

Vaigai dam in *+8& Madurai @istrict came to #e irrigated and with it came the

introduction of cash cro!s$ The local traditional !attern vanished and the nowledge of

women were no more needed or re0uired$ The sills and resources were eternal$ The

seeds& !esticides& loans& electricit" and sills of management came from outside$ The men

started going out to government offices to get loans& to #ring seed and !esticides& to sell

the cro!s and overloo the irrigation and started maing decisions$ >ver the !eriod of

time the land lost its fertilit"& the ground water has gone down$ Women #ecame mere

lia#ilities with her nowledge having #ecome redundant and men as!ired to marr" onl"

those women whose famil" can afford to offer more dowr" (Asia :acific 1earing& *++CG

E)$ Sergent et al& *++, has mentioned that& in the landless classes& the !resence of sons

ensures a higher la#our !artici!ation and corres!ondingl" a high financial su!!ort to the

famil"& as a conse0uence& the famil" is liel" to favour a male child& increasing the

!ro#a#ilit" of female infanticide$ (6egi *++CG *2) Modernisation has #rought a#out

changes in the traditional s"stems and there#" lowering the status of women in the

societ"$ Ta#le * shows that the shar! decline in Fuvenile se ratios is relativel" a recent

!henomenon$ (/hunath et al& *++CG WS22)


15/83

@owr"& given at the time of the daughter7s marriage& has influenced the status of women$

The daughter is considered to #e a lia#ilit" as her contri#ution to the famil" is tem!orar"

u!to the time she is married and sent to another famil"$ @owr" is not the onl" transaction

as far as the daughter7s marriage is concerned$ Drishnaswam"& *+EE has mentioned a#out

a series of ceremonies in South India& Tamil 6adu& associated with the girls in the famil"$

%ifts in cash and ind to the hus#and7s famil" during ceremonies connected with

!regnanc"& child#irth and ceremonies for !iercing the ear of the girl child and so on$ (6egi

*++CG *8) It is the ina#ilit" to meet the dowr"-related demands from the in-law7s famil"&

that is a ma'or cause for female infanticide$ (6egi& *++CG *,)

The fear of seual a#use of the girl child is also a cause for female infanticide$ The

hus#ands7 ina#ilit" to do an"thing against the !ractice of seual a#use of his wife #" his

father is due to the fear that he would lose his share of the !ro!ert" from his father$ The

father-in-law due to his own child marriage loses interest in his wife and finds it more

convenient to find a #ride for his son and to have his 3seual fulfilment4 through her$

Mothers& sometimes& ill their #a#ies as an act of ;merc"7 that the" ma" #e saved from

future ecesses #" hus#ands in the form of domestic violence (Sherwani& *++E)$ The" feel

'ustified in illing their girl child so that she is saved from all the suffering she ma" have

to undergo all her life (6egi *++CG*+)$

1arris-White (*++C) has cited !overt" as one of the reasons for female infanticide (6egi

*++CG *2)$ According to the surve" done #" /hunath and others& the occurrence of

female infanticide is wides!read among the !oorer and sociall" disadvantaged communit"

including the thevars$ vani%ars and scheduled castes (/hunath et al& *++CG WS2C)$ In

contrast& Adithi /ommunit" Services %uild (*++2) has mentioned several communities&

including the wealth" Gounder communit"& the landed caste in Salem @istrict& Tamil

6adu& also !ractice female infanticide (6egi *++CG *2)$ %eorge and others (*++2G**88) in

their stud" !oint out although the Gounders$ live in remote villages& the" own a

significant !ro!ortion of land and are in the u!!er social stratum of their villages& in the

6orth and South Arcot @istricts in Tamil 6adu$ It has #een !roved through various studies

that the !ractise cuts across all classes and caste$


16/83

6egi in her re!ort has mentioned& the societ" and families having used coercive tactics to

ensure that female infanticide continues& limiting the sco!e for outside influences in

arresting the !ro#lem$ (6egi *++CG *E) ?!eriences of 6egi& *++C and others who have

researched on this issue& is that& there is a social sanction to the deed$ The familial and

social situations seem to outweigh !ersonal reactions and therefore women o!t to ill their

new #orn girl children$ Indian /ouncil for /hild Welfare (I//W)& Tamil 6adu has

mentioned that the feeling of guilt and trauma is almost a#sent in the communit" that

!er!etrates the !ractise& although there is grief among the mothers$ (6egi *++CG *+) Social

!ressures !la" a vital role in #ringing a#out changes in societ" for the #etter or worse

situations$

%eorge and others have also o#served maternal motivation in their stud" as a factor

affecting infanticide$ The" also came across one case of male infanticide 'ust #efore the

#eginning of their stud" !eriod (Be#$ *++C) where the mother lost her hus#and and illed

the male child soon after #irth& after which the mother remarried$ In case of the unwed

mother& she tried to a#ort the !regnanc"& which was unsuccessful and committed

infanticide when it was #orn$ Maternal motivations for infanticide ma" #e said& therefore&

to var" on the #asis of marital status (%eorge et al& *++2G**88)$ According to one of the

dai interviewed& in the surve" conducted #" Adithi&


17/83

female infanticide even in the high female infanticide 1ealth .nit @istricts (1.@s)&

although there are instances when it is$ The second female infant has a much greater

chance of esca!ing infanticide in Madurai 1.@ than she does in :eri"aulam and

@harma!uri 1.@s$ While the third female is at much greater ris than the first in all three

1.@s& #oth the second and third seem to #e e0uall" at ris in :eri"aulam$ (/hunath et

al& *++CG WS2E) The surve" finding #" %eorge and others mentions *+ female

infanticides and *E of the victims had #irth orders greater than one and one involved a

first #orn daughter$ ?ach of these families had at least one surviving female child at the

time and usuall" the" had two$ In their stud" the" also found that no twin died as a result

of direct infanticide& however& the" also sa" that the" are su#'ect to more neglect than a

male twin and a female infant #orn after a set of twins is ver" liel" to #e illed (%eorge

et al& *++2G**88)$ The a#ove given studies !rove that #irth order does influence the

chances of child7s survival$

6egi after conducting interviews and discussions with !eo!le and 6%>s closel" woring

in Madurai @istrict !oint out to the !revalence of a su!erstition that& illing a new #orn

girl child increases the !ro#a#ilit" of a male child #eing #orn in the famil" (6egi

*++CG*+)$

Some of the other findings in the surve" conducted #" %eorge and others in *+E+ is that&

the villages in which female infanticide occurs tend to #e even more remote and have less

educated !eo!le than the villages with no cases of infanticide (%eorge et al& *++2G**88)$

Lac of scanning centres has also #een cited as reason for infanticide$ As !eo!le do not

have this facilit"& the" ill the child after it is #orn$ According to Soma Wadhwa& ever" "ear

8& female foetuses are a#orted in India$ These !eo!le are not ver" different from those

who ill the #a#" after she is #orn$ The latter& she sa"s& sim!l" do not have enough mone"

or facilit" to ill her in the wom# (Times of India& 2+ @ec$& *++8) >#servation made #"

Dumar#a#u& *++,& is that even in the so-called remote& less-develo!ed areas& 3scanning

centres eist$ (6egi& *++CG 2) Although it ma" #e true in some cases& one cannot

generalise whether remoteness of the village& education of the !eo!le& or lac of


18/83

scanning centres have an" correlation with the occurrence of female infanticide$

:s"cho!athologists have also tried to anal"se wh" !eo!le ill new #orn girl children iv$

Sa#u %eorge& Ra'aratnam A#el and


19/83

and economic de!endence on the famil" maes them vulnera#le to violence and child

a#use within or outside the famil"$

Since *EC2& the following efforts have #een made to legalise the minimum age of

marriage$ The /ivil Marriage Act of *EC2 was !assed as a result of the efforts made #"

Ra'a Ram Mohan Ro"& #efore which& a !rovision of the Indian :enal /ode rendered the

consummation of marriage #efore the girl attained the age of *& !unisha#le with life

im!risonment$ Social reformers of *+th and 2th centur" tried to counteract child

marriage as the" felt it was marring child7s educational& !h"sical and economic

!rogress$ 6oted social reformer 1ar


20/83

and all !roof of such a ceremon" o#literated$ Burther& Section *2 of the amended /hild

Marriage Restraint Act em!ower the magistrate to issue in'unctions !rohi#iting

marriages in contravention of this Act& #ut #efore issuing in'unction the affected !arties

have to #e given a notice to ena#le them to !resent defence$ An in'unction issued

without this notice is not valid$ This !rocedure is so time-consuming that marriages in

contravention of this Act are com!leted #efore the court can !ass an order !reventing

them$ The court cannot even issue a general direction that marriage of a child shall not

#e solemnised within some !articular time limit& sa" eight months or two "ears$ The

!unishment under the amended /hild Marriage Restraint Act remains mild& i$e$ onl"

sim!le im!risonment etended to three months and a fine of Rs *$ According to the

!rovisions of Section 8 of the Act whoever !erforms& conduct or direct child marriages

shall #e !unisha#le (Saena& *+++)$

Ancient 1indu religious manuals lie the Manu Smriti and %riha"astra set the age of life

!artners at * for girls and *, for #o"s$ In the Vedic !eriod earl" marriage of girls #egan

to gain a!!roval and it #ecame o#ligator" to have a girl married #efore she attained

!u#ert"$ The age was lowered still further in the


21/83

The !henomenon of child marriage !revails all over the countr"$ According to

/hatto!adh"a"& *+E,& the !henomenon of marr"ing off minors !ersists in almost ever"

caste and communit" of Ra'asthan$ This !ractice !revails in Gaduli%a 'ohars of /entral&

Western and South ?astern Ra'asthan$ It also eists among the Muslim converts and

among higher castes of Push(aran n 2+th A!ril& *++E the da" of A(sha% Trithi%a& 6ational 1uman

Rights /ommission (61R/) de!uted a senior officer to


22/83

famil" and innocent children #ecome !awns in famil" #usiness (Saena& *+++)$ According

to 6air (*++8)& the !henomenon of child marriage is lined to !overt"& illiterac"& dowr"&

landlessness and other such social evils$

There are several social factors that have contri#uted to the !revalence of child

marriage$ The girl is considered to #e a #urden of the household and there#" she is

married in an earl" age$ Marriages #etween cousins is common in South India$

Sometimes marriages are settled even #efore the #irth of the child$ In Ra'asthan

communities lie #alai$ #hangi$ #olal$ +hamar$ Dholi$ Gu!ars$ ,alis and ,eenas

#elieve& that marriage can #e !erformed in childhood da"s irres!ective of their age and

maturit"$ Sometimes #etrothal taes !lace #efore the !air is #orn& commonl" nown as

‘(otha thar"ana’ (/hatto!adh"a"& *+E,)$ This custom ensures that the girl is secure as

she has #een married within the clan$

:arents #elieve that& it is eas" for the child-#ride to ada!t to a new environment as well as

it is eas" for others to mould the child to suit their famil" environment and !ractices$

/hild marriage is also done to maintain !re-marriage chastit" among the girls

(Ra'"alashmi& *++G +)$

Se within or outside families& as a result of a chance encounter - willing or otherwise -

ha!!ens oftener than one can !redict$ After having s!oen to a num#er of !arents of such

girls& Duala is convinced that this a!!rehension of their unmarried daughters getting

!regnant is the single largest cause of !arents #eing so eager to marr" off their girls at a

"oung age - ;lest the" #ring shame and scandal to the famil"7 (Daul& *++,)$

According to Ahu'a7s (*++EG 2) findingsvi& among the + ra!e victims he studied&

unmarried girls constituted , !ercent& married girls !ercent and widows !ercent$

Some !arents #elieve that& it is easier to im!ose their will on their children while the" are

still infants$ The" #elieve that& once married& #o"s do not flirt around with village girls

and the girls learn to tae res!onsi#ilities$ There is also a conviction that it is easier for


23/83

the cou!le to ada!t themselves to each other as the children sta" with each other since

childhood$ @es!ite growing u! together& the #o"s are not com!letel" connected or

committed to their wives and some even see relationshi!s outside marriage (Saena&

*+++)$

The girl is considered to #e an additional la#our as she is involved in un!aid 'o#s within

or outside the house in the rural as well as ur#an scenario$ This is another reason wh" the

!arents are worried a#out the girl7s chastit" #efore marriage (Ra'"alashmi& *++G 2)$

There are various economic factors that lead to the !revalence of child marriage$ In some

!arts of rural India& mass marriages are conducted and the marriage cele#rations #ecome

less e!ensive if the girls are married on this occasion$ ?lders are convinced that child

marriages& since the" are solemnised in grou!s are chea!er and easier to !erform (Saena&

*+++)

In the month of A!ril& Ra'asthan cele#rates the Aha Tee' festival& the da" o- A(sha%

Trithi%a& #" solemnising thousands of child marriages (6air& *++8)$ The !revalent ritual of

the childhood ceremon" in Ra'asthan& according to Da#ra& is #ased on social financial

considerations$ Birstl"& there is no s"stem of dowr" in this agreement$ Secondl"& since the

marriages are conducted for a num#er of children in the famil" simultaneousl"& it wors

out as grou! marriage& there#" cutting down the e!enditure drasticall"$ Binall"& its

seasonal& one time communit" occurrence o!erates as ver" convenient social logistics for

the rural fol (Da#ra& *++C)$ The main arguments of the !arents are that if a girl is married

off earl" the" will have to !a" onl" Rs 8 or less as dowr"$ After girls attain !u#ert"& the

cost of marriage could go u!to Rs *8& (/hatto!adh"a"G *+E,)$ 1owever& a large

amount is !aid when the girl is sent to the groom7s house$ According to 6air (*++8)&

elders hold their !overt" res!onsi#le for the !revalence of this !henomenon$

In case of those who have landed !ro!ert"& irres!ective of an" caste& the !reference to

marr" the son=daughter to the #rother7s=sister7s children or maternal uncle was largel"

#ased on the economic !rinci!le that& the landed !ro!ert" would remain undivided and


24/83

would not go out of the clan (Ra'"alashmi& *++G 2)$ To save the cost incurred&

marriages are conducted at times when there is finance availa#le with the !eo!le$ It is also

conducted 'ointl" with other events which re0uire feast to #e given to all relatives$ >n the

eldest daughter reaching !u#ert"& all the daughters are married at a time& regardless of

their age$ In the event of a death in the famil"& marriage of the girl& regardless of her age&

is !erformed& so that the feast to #e given during the marriage can #e 'ointl" given$

Marriages are also conducted immediatel" after the harvesting since the finances would

#e availa#le with the farmer$ In case of the 'oint families& the !arents would want to

!erform the marriage of their daughter #efore the division of the !ro!ert" among the sons$

Marriages within the clan is also arranged as the monetar" ad'ustments are easier within

the clan than an outside alliance where else& the socio& !s"chological and economic

securit" is un!redicta#le$

The im!act of child marriage over the "oung #ride7s future is enforced widowhood&

inade0uate socialisation& education de!rivation& lac of inde!endence to select the life

!artner& lac of economic inde!endence& !s"chological as well as marital ad'ustment& low

health=6utritional status as a result of earl"=fre0uent !regnancies in an un!re!ared

!s"chological state of the "oung #ride (Ra'"alashmi& *++G E)$ Thousands of adolescent

girls are at ris from child marriage and the im!lications are not onl" on their health #ut

also on the right to fulfil their human !otential unham!ered #" the !remature assum!tion

of adult roles and res!onsi#ilities (Fose!h& *++,)$


25/83

invaria#l" given in nata to some widower in the famil"$ Nata is an o#noious custom$

>fficiall"& the child is the wife of some widower #ut in fact she #ecomes the common

!ro!ert" of all the male mem#ers of the famil" (Saena& *+++)$

Roo!a Shaha& who has sto!!ed several child marriages sa"s that child marriages are the

root cause for man" !ersonalit" disorders and seual !ro#lems later in life$ %irls get a

mental shoc when their hus#ands force them to have se and the" develo! a feeling of

hatred #ecause the" cannot emotionall" understand the changes in their #od" and feelings

during !regnanc" (Da!oor& *++,)$

There have #een arguments that child marriage does not lead to earl" !regnancies and

child a#use$ It has #een argued that& the girl does not go to the in law7s house immediatel"

after marriage and she is sent onl" after she attains !u#ert"$ >n the other hand there have

#een arguments that the norms and customs are highl" flei#le$

According to Singh& since women wor outside the home& the girl is an economic asset&

and therefore her !arental famil" tries to ee! her with them for as long as !ossi#le

(*++G *CE)$ According to Da#ra& the ceremon" !ractised in the rural areas of India is

onl" for social authentication of an agreement #etween two families to marr" their wards

at an o!!ortune age much later$ 1e adds that& child marriages do not result in earl"

!regnancies or more children as child #ride never goes to the hus#and7s house after the

marriage$ The real age at which the marriage is consummated is *C to *+ "ears (Da#ra&&

*++C)$ While there is a wides!read recognition that girls should #egin regular

coha#itation onl" after the" attained !u#ert"& the custom was customaril" violated$ >nce

the marriage had #een !erformed& a lot of domestic& es!eciall" feminine !ressures !ull

the wife into the hus#ands famil" much earlier than !u#ert" (Sarar& *++G *EC8)$

In man" cases& gaunavii is also done #efore the !ermitted age$ The girl #ecomes a mother

earl"$ 1erself a child& she is una#le to loo after another child$ She is !ressurised with

multi!le res!onsi#ilities of #eing a wife& mother and daughter-in-law (Saena& *+++)


26/83

After marriage& in case of there #eing no daughter in the in-laws house& she is taen there

to wor& or to facilitate the wor during the harvest season$ (Ra'"alashmi& *++G 2)

?arl" child #earing that is& under the age of 2 "ears has serious conse0uences on the

health of #oth mothers and children$ Age differentials of ris are further shar!ened in a

societ" with !oor health& low income& inade0uate medical care and nutrition (/hha#ra&

*+E,G E)$ Ravindran& *++8 sa"s child marriage is one of the indirect causes of infant and

maternal mortalit"$ An adolescent conceiving and giving #irth to a child when her #od" is

not full" develo!ed and that too without ade0uate !renatal care& !uts the lives of her child

and herself in 'eo!ard"$ A stud" conducted #" Bamil" :lanning Boundation& *++*&

re!orted that mortalit" rates were higher among #a#ies #orn to women under *E and the

rate two to three times higher among women suffering from malnutrition$ The stud"

covered E villages of districts in .ttar :radesh& Madh"a :radesh& >rissa& Darnataa

and Maharashtra$ According to the stud"& nearl" 2+ to 8E !ercent girls from !oorer

sections married under age and also #ecame mothers$

There are other socio-economic factors that determine a#solute levels of ris at an" age&

#ut it is the #iological !rocesses that determine the age !attern of riss$ Medical research

from all over the world shows that maternal age has an inde!endent influence on relative

riss and that child#irth is much more ha5ardous for mothers under 2 "ears than for those

in their twenties$ (/ha##ra$et$al& *+E,) In addition to those who die& man" women suffer

from serious illnesses related to !regnanc"& a#ortion or child#irth$ Maternal age also

influences infant mortalit"$

Almost ever"one is e0uall" guilt"& whether it is local MLA or the school teacher$ The"

have either themselves married their children ver" "oung or have enthusiasticall"

!artici!ated in such marriages$


27/83

law$ /aste affinit" and social !ressure is so great that no one re!orts such cases or comes

forward to give evidence$ :ast e!eriences have taught a lesson to man"& that authorities

don7t res!ond in time of such crisis$


28/83

and #odies in a con'ugal relationshi!$ (Bourth World /onference on Women&


29/83

her own seual and emotional needs to the definition of child seual a#use$ The act

though seual in nature is also a#out the a#use of !ower and the #etra"al of trust$ A child7s

de!endenc" needs for nurturance& touch& caring& caressing& and the lie are not the same as

adult seual desires$ The adult or older !erson com!letel" disregards the child7s own

develo!mental immaturit" and ina#ilit" to understand seual #ehaviours$ The act&

therefore& is not onl" a gross violation of the child7s #od" #ut also of the trust im!licit in a

care giving relationshi!$ /hild seual a#use& according to the re!ort is an" seual contact

#etween a child and an adult$ The contact covers a wide range of #ehaviours$ It ma" or

ma" not involve !h"sical contact& force or violence& #ut alwa"s involves coercion$ It can

also include fondling of the #reast or genitals& ra!e& oral se& and=or sodom"$ It can also

include an adult demanding that a child touch his=her genitals either directl" or through

clothing$ 6on-!h"sical seual contact also includes ehi#itionism& o#scene tal or

!ornogra!h" (RA1I& *++EG ,)$

/hild seual a#use taes !lace in all cultures& races and in ever" strata of the societ"$

ut of these ,J& a#out 2J had suffered a#use #" close relatives$ @/:

(6ortheast @elhi) S$


30/83

Table 2 : N#mber of Children Ra$ed 1(() to 1((*

Crime Head +ear" ,ercentage

-ariation

1(() 1(( 1((/ 1((0 1((* 1((* 1((*

o-er o-er1(() 1((0

/hild ra!e (u! to *,

"ears)

+ +E, ,C E * $ E$*

SourceG /rime in India

Table ) : ictim" of Child Ra$e 1(() 3 1((*4

Sl$ 6o$ Kear Age %rou! J share of childra!e victims to


31/83

Table 5: Rape Cases of Children in India (In 1997)

Maharashtra 120

Madhya radesh 107

!est "enga# 78

Andhra radesh 77

Uttar radesh 76

$e#h% 71

6oteG 71& of the 'ases are %n 5 (tates) U*sSourceG FW: 6ews& A!ril *++E& !g C$

In a *+E stud" of * victims of child a#use& A$


32/83

used to refer to other adults who ma" have !la"ed a role #ut were not directl" involved&

such as a non-a#using !arent who might have #een aware of the a#use #ut una#le to

intervene (RA1I& *++EG C)$

In most cases& the a#user is nown to the child famil" friend& si#ling& relative& servant&

teacher and so on$ There have also #een cases where the a#users have #een ver" close

relatives - father& grandfather& #rother and uncle (6arang& *++EG 2*)$

The a#user is usuall" an older !erson who is in some !osition of trust and=or !ower vis-a-

vis the child$ ?ven though #oth men and women can seuall" a#use a child& most a#users

are male$ The a#user violates a relationshi! of trust with the child$ The" ma" use trics or

threats to !ersuade the child to tae !art in a seual activit"$ The a#use generall" taes

!lace in the child7s home or the a#user7s home$ %iven that the a#user is often nown to the

child and usuall" has #oth access to as well as authorit" over the child& the a#use does not

commonl" involve !h"sical violence and generall" continues over a long !eriod of time$

The a#user uses threats or #lacmail to warn the child against telling an" one a#out the

a#use$ This ma" #e the !rimar" cause for the child7s silence (6arang& *++EG 2*)$

/hild seual a#use is on the increase #ecause of the res!onses to it and towards the

victims$ >ne of the res!onse #eing denial of its eistence and dis#eliefG Man" !eo!le

with whom Sashi has interacted& den" an" eistence of child seual a#use es!eciall"

within a famil"$ The conce!t of Indian families is !erha!s the most sensitive and

revered$ Therefore& it is difficult to #elieve that seual a#use in the families reall"

ha!!ens$ Bor them& if at all the conce!t of child seual a#use eists& it is limited to a

!articular class$ The !o!ular #elief is that it is ver" rare and ha!!ens onl" in low class

families (slums)$ ?ven if some !eo!le #elieve that child seual a#use eists& there is

denial !u#licl" as it is difficult for them to deal with the fact that it is !revalent in our

traditional Indian families$

@ue to ignorance& denial of its eistence& and ina#ilit" of adults to deal with the su#'ect&

the child is met with dis#elief when he=she finall" summons u! the courage to confide in


33/83

someone a#out the e!erience and trauma of #eing seuall" a#used$ Thus the child is

forced to suffer in silence giving the a#user greater !ower over the child$

Seual a#use is shrouded in shame and secrec"$ Seual organs or an" reference to se is

considered to #e shameful$ /hildren are not given !ro!er answers when the" as

0uestions a#out seual organs$ The" get the messages that certain #od" !arts are dirt" and

the" should never #e taled a#out$ So& when a child is a#used& there is total silence$ The

child nows that there is something wrong going on& "et the child does not have the

language or the words to e!ress it$ There is loneliness #ecause the child cannot tal a#out

it to an"#od" and does not now whom to a!!roach$ This ham!ers disclosure and thus the

a#use continues$

In families where !arents=relatives acce!t and realise that a child has suffered seual

a#use& the child is forced into silence given the culture of !rivac"& famil" !restige and

famil" unit"$ The child generall" does not receive much su!!ort from the famil" as the"

do not want the matter to #e disclosed and the famil" name e!osed$ Thus the a#user is

not confronted and the child is encouraged to ;forget7 the traumatic e!erience$ The child

and her future are sacrificed for the image of the famil"$

A health" environment is a famil" situation where famil" communication is clear& direct

and s!ecific and rules are flei#le$ /hildren can freel" a!!roach elders or adults with

0uestions or concerns a#out seual e!eriences in the full nowledge that the adults

concerned will address these issues with the child7s welfare in mind$ In this situation no

trusted older individual violates the child7s !erson and the child feels the freedom to sa"

no to !otential a#users and re!ort the incident with full confidence that he or she will #e

!rotected$ Bamilies in which incest occurs often a!!ear to #e lie an" other famil"$

1owever& the" are riddled with secrets and !s"chological stress$ Incestuous families tend

to #e closed& inward families lacing in an" real emotional connection to !eo!le outside

the famil"$ These families often have a histor" of !ro#lems for several generations& which

increase the !otential for incest$ Bre0uentl" the mothers of a#used children were

themselves molested as children$ Man" victims assume that #eing dominated and treated


34/83

!oorl" #" the offender is 'ust a fact of life and not something to #e challenged$ 1owever it

is vital to note that& while famil" influences ma" contri#ute to incest& the d"sfunction itself

cannot cause an individual to #ecome seuall" a#usive$ 1owever& the situation maes it

easier for the s"m!toms to !la" themselves out$ The offender is the sole !erson

res!onsi#le for the a#use (RA1I& *++EG ,)$

In some cases& the mothers do not want to tae action against the a#used as the" are

constrained #" the status of the a#user within the famil"& for eam!le9 a father$ ?conomic

de!endence& low self esteem& lac of !ower within the famil"& inca!acit" to acce!t the

res!onsi#ilit" of single !arent and moral shame of the act ee! the mother 0uite

Mem#ers of voluntar" organisations sa"s that a mother would often su!!ress and wish

awa" the event& not onl" #ecause of a sense of shame and outrage& #ut also out of fear of

re!risals from her hus#and& son& or other relatives$ According to Wadhwa *++& in *++2 -

+& there were eight cases of ra!e and molestation re!orted #" mothers to /rime Against

Women /ell in @elhi$ >fficials at the cell !ointed out that this was a significant

develo!ment as hardl" an" such instances were re!orted earlier$ At the same time& wives

e!ected the !olice to merel" caution their hus#ands9 filing a case against them would #e

unheard of (Darlear& *+++G **)$

Societ" constantl" 'udges women including "oung girls and children$ The" are made to

feel res!onsi#le& guilt" or !ersecuted$ %irls are ver" scared of this 'udgement& and of

#eing e!osed& which forces them into silence$ A#users are aware of this societal attitude

towards women and this #ecomes their !ower$ Societ"7s attitude ena#les them to go

scott-free$

/hild seual a#use is usuall" dismissed #ecause in most cases it is not ;ra!e7 as defined #"

law$ It is met with dis#elief and girls are accused of #eing destructive when the com!laint

is against a famil" mem#er$ In cases where there is no !enile !enetration or when ra!e

cannot #e !roved due to inade0uate evidence& the accused is charged for ;outraging the

modest" of a woman7 where the" ma" #e sentenced onl" for a !eriod of


35/83

si months of two "ears$ In most cases& the accused are ac0uitted in a#sence of ade0uate

laws on child seual a#use and inade0uate inter!retation of eisting laws$ The court room

environment is hostile and girls are humiliated over and over again$ This !oses to #e a

ma'or o#stacle for girls who want to file a com!laint against their a#user$

The effects of child a#use are long lasting and are carried into adulthood leaving dee!

scars on the !ersonalit" of the a#used$ 1ealing is an im!ortant !rocess and must #egin as

earl" as !ossi#le (6arang& *++EG 2*)$

Singh (*++C) has !ointed out that child seual a#use triggers a host of com!leities in the

child7s !s"che$ :eriodic #outs of low self esteem& seual d"sfunctioning& guilt are some of

the !ro#lems that arise out of child seual a#use and which continue to haunt the

individual well into adulthood (Singh @hira'& *++C)$

Seual a#use is not the onl" childhood e!erience that causes difficult" for !eo!le as the"

mature$ Long term effects are often identical to those of other earl" develo!mental

set#acs$ The difference however is that most of them can #e taled a#out freel" and

without involving em#arrassment$ The !erson who is seuall" a#used in childhood is

faced with the ta#oo of taling a#out it$ Most former victims ee! their e!eriences a

secret for man" "ears$ /onse0uentl" their emotions are liel" to run ver" dee! and when

the" eventuall" surface the effects can #e devastating$ The a#user conve"s the message

that the a#user7s needs come first and so it destro"s the #asis for child-adult trust$ Victims

of seual a#use grow u! without a sense of !rotection and securit"& something that is

essential for them to #uild inner strength and venture into new e!eriences$ As a result&

the" also have difficult" in trusting others and forming relationshi!s$ Survivor7s seual

activit" as children were dominated #" !er!etrators emotional needs and selfish

orientation towards seualit"$ Tension& fear& #etra"al& !ain and mistrust coloured the

victim7s seual awaening$ /onse0uentl"& as adults& the seual #ehaviour of survivors is

severel" im!acted$ The" face issues such as seual malad'ustment& a#staining from se or

com!ulsivel" seeing it out$ Adult women victimised as children are also more liel" to

manifest de!ression& self destructive #ehaviour& aniet"& feelings of isolation& low self


36/83

esteem& a tendenc" towards su#stance a#use& over-eating and various other addictions

(RA1I& *++EGE)$

The most distur#ing effect of child seual a#use is that the worst scars are on the

emotional and mental health& which ma" show u! as unidentifia#le s"m!toms$ /hildren

are !rone to a variet" of !s"chological and #ehavioural distur#ances caused #" the trauma

of a#use$ These include #ed wetting& nightmares& slee! disorders& de!ression& aniet"&

running awa" from home& multi!le !ersonalit" disorders& low self esteem caused #" guilt

and shame$ Man" children also develo! a negative attitude towards their #od" as the"

#lame themselves for the a#use$ Renu& victim of seual a#use #egan hating herself and her

#od"$ She started eating constantl"& as she wanted to loo ugl" and so that she would not

fall !re" to a#use again$ Thus it can lead to distur#ing the child7s relationshi! with her

seual identit"=seualit" and she can fall an"where in the s!ectrum& which etends from

!romiscuit" to frigid$ It effects her self worth and the future interactions that she will

have& es!eciall" with men$

Sho#ha Srinath 6IM1A6S& !oints out to a fact that a "oung child #elow ten ma" not

alwa"s #e aware that her seual violation is in fact 0ualitativel" different from thrashing

and a#use9 it is onl" with the onset of !u#ert" that she #ecomes aware of her seualit"$ In

fact in an environment where !h"sical contact& #oth affectionate and a#usive& #" relatives

of #oth sees is not uncommon& child ra!e needs to #e viewed a little differentl" from the

ra!e of a !ost-!u#ertal girl$ 6ot une!ectedl"& the families rarel" tal a#out the ra!e of

their "oung daughterG when the ra!ist is a father or #rother& the chances of re!orting is

even lower$

According to :rasad (*++E)& a victim of incest ma" attem!t suicide& ma" have #outs of

!anic attac and de!ression$ The child ma" not even confide in the !arents$ 1e adds that&

the wide !revalence of the crime can #e gauged #" the fact that according to a stud"& *,

!er cent of the !atients #eing treated for genito-urinar" s"m!toms in the dermatolog" and

seuall" transmitted diseases de!artment of a !u#lic hos!ital in 6ew @elhi& were #elow

* "ears of age$ The child feels three @s according to him - dirt"& damaged and different$


37/83

There is a lot of anger& shame and guilt involved$ There are suicidal tendencies& drug

addiction and alcoholism$ The" also ehi#it self-mutilating #ehaviour and have !anic

attacs and de!ression$ According to @r$ Dhetra!al& at times the im!act !la"s itself out in

certain com!ulsive #ehaviour lie over-eating& #ulimia& anoreia nervosa (re!ulsion to

food) generall" seen in a#used girls$ According to Ms Seema :raash a counsellor at

RA1I& there would #e a slum! in academic !erformance& increased tem!er tantrums&

3different4 conduct with some mem#ers (offenders)& ehi#ition of seual awareness in

crude manner which are indicators of a#use (:rasad& *++E)$

According to Singh @hira'& most often children do not have the language to descri#e

seual activit"$ It is difficult for a child to articulate his or her e!erience$ Moreover& the"

are etremel" traumatised as the" tr" to mae sense of what has ha!!ened to them$ 1urt

and fear of disclosure or !unishment are the initial res!onses that !revent a child from

s!eaing out$ 1ence it is ver" im!ortant to cultivate o!enness within the immediate

famil" where the children can confide in their !arents without the fear of ridicule or

re!roach$

:arents can loo for certain telltale signs and reactions to find out how safe their children

are& sa"s Singh&

• The child tries to sta" awa" from friends and !eo!le he was close to earlier$ This could

#e due to guilt that has flooded his little conscience$

• 1e or she ma" seem de!ressed$ @e!ression itself ma" not #e eas" to gauge in children

#ut it is translated into more e!ressi#le emotions such as #eing irrita#le& withdrawn

and listless

• The child ma" resume #ed-wetting if he or she has sto!!ed it$ Sometimes he or she

can get incontinent while awae$

• 1e or she ma" avoid a !articular individual and show fear when forci#l" made to

come face to face with this !erson$ This !erson could #e a#user or someone who loos

lie him$

• @ifficult" in concentrating or failing tests at school


38/83

• Sudden use of seual language and swear words$

• Seual e!loitation or e!loration of other children$

• Irritation in throat and #ladder infections$

• Seuall" transmitted infections$

2.d. Child ,ro"tit#tion and Traffic5ing

The .6 S!ecial Ra!!orteur on the sale of /hildren& /hild :rostitution and /hild

:ornogra!h" defines /hild :rostitution as the seual e!loitation of a child for

remuneration in cash or in ind& usuall" #ut not alwa"s organised #" an intermediar"

(!arent& famil" mem#er& !rocurer& teacher& etc$) (


39/83

:overt" and de!rivation& cou!led with a low status in societ" for girls is a !rimar" factor

for child !rostitution$ It is well nown that !rostitution eists in the Third World #ecause

of !overt" (%rant&*++,)$ According to a .6I/?B Re!ort& children are often re0uired to

wor to su!!lement their meagre incomes$ (1industan Times& 2E >ct *++,)$ Thus in a

countr" lie India& child !rostitution in most cases stems from child la#our$ :rostitution is

often viewed as an avenue !roviding eas" mone"& which seems attractive for families

stee!ed in !overt"$

@r$ D$D$Muh!adh"a" from @elhi School of Social Wor& .niversit" of @elhi& in his

!resentation #ased on surve"s he conducted for the %overnment of India& said that

"oung girls in India were taen awa" from their !arents in !oor #acward and drought

affected districts of the countr" for !ur!oses of trafficing$ These were also states with

gender ine0ualit" and low literac" rates$ The trafficing networ was well organised in

these areas$ 1e found in his surve" that a#out eight" !er cent of the girls who were in

this !rofession entered it as children and due to difficult circumstances& such as !overt"&

illiterac"& ignorance& and dece!tion$ The increasingl" consumerist societ" onl" further

com!licated the situation$ /hildren are often hired out or sold #" their families to agents

who ma" or ma" not reveal the true nature of the wor offered$ The agent ma" !romise

a 'o# as a domestic servant or factor" worer at a wage man" times higher than is

customar" in rural areas$ A sum which is large in the e"es of the famil"& ma" #e handed

over to them& and the child is o#ligated to wor to !a" off the de#t$ Some "oung girls

are deceived #" "oung ur#an #o"s who go to villages$ The #i"s conduct fae marriages

with these girls& #ring them to the cities and sell them to the #rothels (Muho!adh"a"&

*++8GC)$

>n the economic front& it must #e noted that develo!ment !olicies and !atterns of

develo!ment !romoting tourism& industrialisation& rural to ur#an migration !articularl" of

males generate a demand for commercial se$ In such a situation& the develo!ing countries

#ear the #runt of the !ro#lem$ ?conomic dis!arities within countries& and #etween

countries and regions fuels the demand for trafficing from low income to high income

areas$ In addition& !o!ulation mo#ilit" has #een facilitated #" glo#ali5ation and


40/83

li#erali5ation as the" have o!ened #orders and relaed controls$ (Trade in 1uman

Miser"&*++E) Such a scenario gives a s!urt to tourism which leads to ;se tourists7 from

the West 'ourne"ing ?ast with the !ur!ose of e!loiting children$ %oa has #ecome one

such haven for !aedo!hiles and !eo!le indulging in child !rostitution$ According to

unofficial estimates& there are at least minors in the localit" involved in the trade$

Burther& there is no res!ite in the situation as the eistence of minors is often hidden on

receiving a ti! off a#out the raids$ There are also instances of the arrest of 28 odd girls and

their #eing summaril" released su#se0uentl"& once their ages have #een found to #e a#ove

*E (Menon& *++C$)The e!loitation is shown in the fact that a girl #elow the age of *, is

availa#le for Rs - Rs 8& 'ustif"ing for %oa the name of ;India7s ct *++)$

/hild !rostitution in India is further aggravated #" the !resence of social conventions and

m"ths !revailing in societ"$ It is !o!ularl" #elieved that se with a virgin is a cure for

venereal and other diseases$ Moreover& a reason for the rise in child trafficing can #e

attri#uted to the m"th that having seual intercourse with a child would !rotect the client

from AI@S$ This was stated at a worsho! organised #" .6I/?B on 3The Rights of the

/hild4 (The 1industan Times& 2E Aug *++C)$ With the low levels of education andliterac"& such m"ths are onl" !er!etuated$ It is well nown that the female se is further

disadvantaged due to the inade0uate educational and em!lo"ment o!!ortunities& gender

dis!arities in access to o!!ortunities and the lac of social safet" nets (Trade in 1uman

Miser"& *++E)$


41/83

Social conventions !la" an im!ortant role in the continuance of the !henomenon of child

!rostitution$ These include child marriages& !ol"gam"& dowr" and social stigma against

single& unwed& divorced women and girls who have #een seuall" a#used (Trade in

1uman Miser"&*++E)$ /hildren& es!eciall" "oung girls& in these circumstances are

es!eciall" vulnera#le to the !rostitution racet$ There have #een instances of girls #eing

driven into the se trade following traumatic seual e!eriences during childhood&

including ra!e$ If& in the case of Shahida of Do5hiode & it was the violence inflicted #"

her father7s "ounger #rother followed #" molestation #" her cousin and then ra!e ( The

1industan Times& 2 >ct *++E)& Lashmi7s tale of woe #egan when she was ra!ed #" her

ste! father at age E and her further seual e!loitation for food when she left home

(.ni"al&*++E)$ :rostitution thus #ecomes a via#le o!tion for children who have #een

a#andoned& for those from disru!ted families and for those who are financiall"

su!!orting their families$

The !revalence of traditional and religious !ractices in some communities that consist of

dedicating girls to gods and goddesses serve to encourage child !rostitution (Trade in

1uman Miser"& *++E)$ The evolution of the Devadasi cult can #e traced to a !eriod earlier

than the entr" of Ar%ans in India$ The cult a!!ears to #e a relic of the Dravidian

matriarchal societ"$ It eists toda" in India with man" regional variations (Shanar&

*++G8)$ This social convention condemns nearl" 8 to * thousand girls ever" "ear to a

life of seual servitude (concu#inage) and su#se0uentl" into !rostitution$ The devadasi

girls form *8J of the total women in !rostitution in India$ In the #order districts of

Maharashtra and Darnataa states& their !ercentage in !rostitution is nearl" EJ$ The

striing fact is that all of them have entered !rostitution in an etremel" organised manner$

This !rocess involves first maing the girl a devadasi and then legitimising her entr" into

!rostitution with the hel! of ;religion7 (%ilada& *++G ,,)$ The !ractice receives sanction

from m"tholog" and was once su!!orted #" feudal land owning s"stems$ Social

#acwardness is the most closel" lined factors to #oth devadasis and !rostitutes (%ilada&

*++ G,C)$ It is nown that ethnic minorit"& 3scheduled castes4 and 3other #acward

classes4& indigenous !eo!le& hill tri#es& refugees and illegal immigrants are !articularl"

susce!ti#le to the racet (Trade in 1uman Miser"& *++E)$ Interestingl"& the 3signs4 used


42/83

to identif" the chosen child (who is then dedicated to the goddess &ellamma) are those of

ill health - white !atches of ec5ema& le!ros" and even mental retardation$ Researchers

now s!eculate whether !rostitution was one lucrative wa" of maing use of such

otherwise 3worthless children4 (Ai"ar& *++C)$

Among those involved in child !rostitution& it is the street children who are most

vulnera#le to it$ According to @r$ A$n !a!er& !rostitution

!er se is not illegal and hence there are loo!holes in the law that ensure a !erson goes

scot-free even if he sells a minor girl to a #rothel& !rovided there is a stam!ed recei!t

(6igam& *++G2)$

The erosion of traditional famil" s"stems and values and the !ursuit of consumerism

encourages sale of children (Trade in 1uman Miser"& *++E)$ The 6ational /ommission

for Women identifies seual glorification #" the electronic media as one of the !rime

reasons for minors in !rostitution (:ra#hudesai& *++C)$ In *++*& the /entral Social

Welfare


43/83

It has also #een shown that most !rostitutes are forced to remain in their !rofessions due

to !olice highhandedness and the clout of local henchmen (Fha& *++E)$ This maes

chances of rescue and reha#ilitation ver" slight$

It has #een found in *++ that India has four lah child !rostitutes$ According to Mr$ D$T$

Suresh of the 3?0uations4& a#out 2J of India7s 2 million

!rostitutes are #elow the age of *8$ ct

*++)$ The surve" conducted #" the /entral Social Welfare


44/83

(toughs) forcefull" see entr" into the women7s houses and assume the role of the !im!s$

The" live off their earnings and& in case of resistance& get violent$ @ata revealed that

clients were the least !rone to use violence$ Mr @asgu!ta7s stud" showed that C8J of

women in the !rostitution industr" are from West


45/83

those who are #elow the age fourteen and who are neither in school nor in em!lo"ment$ If

the concern is to withdraw children from all inds of 'o#s and em!lo"ment - whether

ha5ardous or non-ha5ardous - and to #ring them into main stream of the human societ"

through education& training and reha#ilitation we need to define child la#our in a ver"

different manner$ >ne such definition isG the children& who have not com!leted the age of

fourteen& em!lo"ed for wages or no wages in occu!ations and em!lo"ment& whether

carried on #" the em!lo"er or #" the famil" or #" self (including a #onded child la#our)&

that interfere with their childhood and education and are in'urious to their health and

!h"sical& intellectual& s!iritual& moral and social develo!ment$ 6eera


46/83

Table 0: Child Labo#r a" ain and arginal 6or5er"

Main Workers Mar inal WorkersTo!al " of Male

!o !o!al#ales

" of $e#ales !o!o!al fe#ales

" of Male!o !o!al#ales

" of $e#ales!o !o!alfe#ales

AgeGroup

5-1+ 5.18 ,.+0 0.+2 1.60

ura#

5-1+ 5.7 +.15 0.52 2.06

Ur/an

5-1+ 2.68 1.0+ 0.10 0.17

SourceG /ensus of India& *++*

/hild a#use includes seual aggression& #eatings as well as etracting hours of la#our

from children who should #e in school or at !la"$ According to Lasar& *+++& child a#use

can #e economic& !h"sical or !s"chosocial$ The most vulnera#le children in the societ"&

according to him are the child la#ourers& street children& #onded children& child !rostitutes&

child refugees& child soldiers& 'ailed children& unaccom!anied children& or!hans or

#eggars$ In the domestic scenario man" children are e!loited and this generall" does not

get focused$ A large num#er of children are forced to wor in ha5ardous worsho!s or factories and are e!osed to multi!le health ha5ards$

Since schooling is not com!ulsor" for an" age grou! in India& there are no restrictions on

when children can enter the la#our force$ Traditional 1indu notions of social ran and

hierarch" are su#tl" incor!orated into the wa"s educated Indians distinguish #etween

education for children of those who do manual wor than those who are in services& that

is& middle class em!lo"ment$ The 6ational 1uman Rights /ommission (61R/) has itself

felt revolted that officers consider it necessar" to !ermit a ;small 'ustice7 in the form of

child la#our to !romote the interests of earning foreign echange in the e!ort maret$ In

fact the %overnment !olic" seems to !romote the em!lo"ment of children$ Small scale

industries are legall" !ermitted to use child la#our directl" or to su#contract with the so

called famil" owned worsho!s$


47/83

There is no statutor" !rotection for children in factories which em!lo" not more than *

worers$ The government7s su!!ort to cottage industries and the small sector !romotes the

em!lo"ment of children in unregulated ha5ardous wor$ And through its centres for

training children as weavers in the car!et industr"& the government com!etes with schools

to attract children$ %overnment officials are fran in sa"ing child la#our hel!s sustain the

otherwise uneconomic small industries #" ee!ing the cost down so that the car!et& gems

and #rass-ware industries can e!and their e!orts (Duldi! 6a"ar& 2 th @ec *++C& The

1indu)$

The child la#ourers are e!osed to several inds of !h"sical ha5ards and even seual

harassment$

Table 7: %eal!h %a&ards for Workin Children

'!ii!ies %eal!h %a&ards

/onstruction Wor @eformities in s!inal column& !elvis& or thora& flat feet

Bactories 1earing loss and in'uries

Sweatsho!s %astrointestinal diseases

Mines Silicosis& as#estosis

/ottage and 1andicraftIndustries


48/83

In the a#sence of an" stricter laws or an" !rovisions for com!ulsor" !rimar" school

education& less than half of India7s children in the age grou! of , to * do not attend

school$ ?ither the" are found at home caring for the cattle& collecting firewood& woring

in fields or engaged in cottage industries& tea stalls& restaurants$ Some even wor in

factories doing etremel" ha5ardous 'o#s$ Some find em!lo"ment as household worers

in middle class homes$ Some even end u! as !rostitutes or #onded la#ourers$

.nfortunatel" nothing worthwhile is #eing done to im!rove the conditions of these

children (Sardar 6a"eem& :ioneer& 2+th 6ovem#er *++C)$

The /entre for /oncern for /hild La#our (//B/L)& a @elhi & in a stud" has

divided the girl child in the domestic sector into two categories - one who did household

tass and the other who was engaged in outdoor economic wor$ The stud" revealed that

middle or u!!er middle class families with small children !referred to em!lo" "oung girls

#ecause& the hel! from them& in that case not onl" came ;chea!7 #ut was also considered

safe$ The stud" o#served that lie all other women worers in the informal sector& the

child domestic worers are su#'ected to sword of false allegations (The 1indu 2 th >ct&

*++C)$ Woring in inhuman conditions& often for a !ittance& children are a#used at wor

and within homes where their earnings #ecome the !ro!ert" of the !arents$ 6ot

une!ectedl"& child la#our has #ecome an emotive issue resulting in a sense of moral

outrage in the international communit" and the #o"cott of !roducts using an" form of

la#our$ 1owever #anning child la#our is a sim!listic res!onse to a much dee!er !ro#lem&

which lies em#edded in structures of !ower& availa#ilit" of alternatives and schooling as

well as the overall immiseration of at least a third of the !o!ulation$ Bor those children

who do not wor for wage #ut contri#ute to the famil" worforce& leisure& education and

an"thing remotel" regarded as the rights of the child need to #e defined ee!ing in mind

the cultural s!ecifications of notions of childhood& !la"& learning and conse0uentl"

e!loitation and a#use (Darlear& *+++G **)$

@r 6eera


49/83

ha5ardous wor!laces #ut the 0uestion is& what is the definition of ha5ardous She 0uotes

the eam!le of a domestic servant in 1"dera#ad who was #eaten u! mercilessl" #" his

em!lo"ers$ A child ma" #e woring in a non-ha5ardous environment& #ut might #e

su#'ect to violence$ The neigh#our who saved him with the hel! of a women7s

organisation later got him enrolled in a school$ Studies from #idi industr" show that

children are mortgaged for mone"9 the Su!reme /ourt /ommission of *+E-E on

children rescued from the car!et industr" documented atrocities such as not allowing

them to urinate and #eing hung u!side down and #eaten for maing errors in weaving$

State @evelo!ment /or!oration had come u! with a scheme for "oung women who

would #e taught weaving$ 1owever what has actuall" ha!!ened is that "oung girls

instead of women were em!lo"ed under this State-funded !rogramme& and that too at the

cost of having left school$ These "oung girls are so "oung that the" #alance on their toes

so as to reach the thread$ The" would #e on their toes for hours together$ :ossi#ilit" of

seual a#use also could not #e ruled out (


50/83

or unem!lo"ment u!set the #alance of the famil" #udget& there ma" not #e an alternative

ece!t to send the child to wor$ :overt" and child la#our thus #eget each other and tend

to reinforce themselves in families and communities$

The most im!ortant cause &according to /handra& is wides!read of a#solute !overt" due to

which the" are forced #" the !arents to see em!lo"ment$ @isease and other contingencies

ma" need etra mone" and the em!lo"ment of children is resorted to an easil" accessi#le

method to earn mone"$

The !ro#lem of child la#our is inter-related to the !ro#lem of the inade0uate wage of adult

worer& which com!els children to wor& in return for com!ensation and the em!lo"er

taes advantage of this weaness #" !roviding wor to them on low wages (/handra&

*++CG*)$

Associated with !overt" is the eistence of large families$ Large families with

com!arativel" less income cannot give !rotected and encouraging childhood to their

children$ If a famil" is limited and well !lanned& there would #e no sco!e for sending their

children to the la#our maret and the children could #e educated$ Illiterate and innocent

!arents thin 'ust contrar" to this$ Thus& if !arents have a small famil" si5e& the" can

!rovide all facilities to their children which are necessar" for their mental& !h"sical and

social growth (/handra& *++CG2)$

According to Maim %or"& child la#our and non-schooling has a significant linage

among the !oorer sections of !o!ulation$ According to him a child is willingl" sent to

school in the age grou! , to + #ecause at this stage he=she is more a nuisance at home than

an asset& #ut as he=she crosses this age limit& the !ositions reverse$ The child can now

wor at home or earn something outside$ This is es!eciall" true of girls who have to assist

the over-wored mother at home$ In man" far-flung areas of the countr"side& schooling

facilities are scarce and inaccessi#le and !arents do not feel motivated to avail them for

their children$ Man" children are forced to sta" at home as their !arents cannot


51/83

afford the !rescri#ed minima of uniform& #oos and stationer"$ Schooling is !erceived as

something that would de!rive them of the income$ Against the #acdro! of schooling&

child la#our thus has a dou#le a!!eal9 it saves the !arents from s!ending on child7s

education& and is a recona#le source of income to the famil"$ ?ducated unem!lo"ment

highlights the futilit" of education$

%u!ta (*++C) has mentioned disintegration of famil" as a cause of child la#our$ This

could occur due to se!aration& divorce or death$ 1e also mentions the low status of

women in the house as a e" factor of child la#our$ This is #ecause she does not get the

'o# or income she deserves& she is under !aid and #adl" e!loited$ A mother or elder

sister will not lie the child to wor if she earns enough to su!!ort the famil" or to

su!!lement the famil" income (%u!ta9 *++CG 2+)

According to Ra'& the most common e!lanation for child la#our is that !arents are ver"

!oor and cannot afford to send their child to school$ In !laces where schooling is free& the

e!lanation given is that the famil" is so !oor that the" need the mone" ever" famil"

mem#er& including the child& can earn$ If child la#our is sto!!ed the famil" will #ecome

!oorer$ Man" factor" owners who em!lo" children argue& 3wh" #lame us We do not

force the children to come$ It is the !arents who send their children willingl" to wor

rather than to school since the" need mone"4$

/hild la#our eists !rimaril" #ecause there are !eo!le willing to use children for a !rofit$

A child is !aid much less than an adult worer and so is chea!er to the em!lo"er$

/hildren are more liel" to #e o#edient and less liel" to organise themselves into la#our

unions and create trou#le for the management$ A child7s7 mind and #od" can #e moulded

for !erforming re!etitive tass$

According to /handra& with the advent of industrialisation& the tendenc" among the

em!lo"ers to have 0uic and more !rofits at low costs has increased$ 1ence& in ever"

countr" there is em!lo"ment of children in large num#ers in factories& who are !aid ver"


52/83

low wages& are su#'ected to ecessive hours to wor& and are made to wor in terri#le

conditions (/handra& *++C& 2)$

Some of the other reasons for child la#our mentioned #" /handra is the a#sence of

scheme for famil" allowance$ 1e sa"s there is cons!icuous a#sence of schemes for

famil" allowance& as can #e given to famil" so that !eo!le ma" maintain an ade0uate

standard and ma" not #e forced to send their children to the la#our maret$ This t"!e of

scheme comes under the social securit" measures which is in !ractice in man" develo!ed

countries$

In addition to the a#ove causes& /handra (*++CG 2) has also mentioned #lea em!lo"ment

o!!ortunities& lac of !h"sical and mental fitness (due to malnutrition)& sheer

encouragement to tae u! 'o#s instead of going to school& inade0uate ins!ection

mechanism to chec child la#our and slow !rocess of !rotective legislation as reasons of

child la#our$

Lal (*++CG 8E) has also mentioned migration as a cause for child la#our$ In search of 'o#

!oor rural !arents migrate& which leave no sco!e for education of their children$ In this

!rocess !arents face various !ro#lems lie unem!lo"ment& under em!lo"ment& lac of

shelter& and so on& which force the !arents to send their children to wor$


53/83

) . 6 O 7 N

).a. Dome"tic iolence

:h"sical violence as well as e!licit forms of aggression are used #" the more !owerfulin the household as methods to ensure o#edience of the less !owerful and therefore

related to !ower d"namics in a household$ At ever" stage in the life c"cle& the female

#od" is #oth the o#'ects of desire and of control (Tha!an *++C)$

@omestic violence includes not onl" inter-s!ousal violence& #ut also violence

!er!etrated #" other famil" mem#ers$ %enerall"& an im!ortant !art of the !ower

relationshi! #etween s!ouses and their families relates to dowr" and its ramifications

(Darlear& *++8)$

There is a wide societal tolerance for wife-a#use& which is ver" often even considered

'ustifia#le under certain circumstanceG @is!utes over dowries& a wife7s seual infidelities&

her neglect of household duties& and her diso#edience of her hus#and7s dictates are all

considered legitimate causes for wife-#eating$ It is onl" when the torture #ecomes

un#eara#le or death a!!eared imminent that most women a!!eared willing to s!ea out

(Darlear& *++8)$

%lass defines domestic violence as 3an"thing that is e!erienced as fearful& controlling

and threatening when used #" those with !ower (invaria#l" men) against those without

!ower (mainl" women and children)4 (Ravindran& *++*)$

@omestic violence includes& harassment& maltreatment& #rutalit" or cruelt" and even the

threat of assault - intimidation$ It includes !h"sical in'ur"& as well as 3wilfull" or

nowingl" !lacing or attem!ting to !lace a s!ouse in fear of in'ur" and com!elling the

s!ouse #" force or threat to engage in an" conduct or act& seual or otherwise& from

which the s!ouse has a right to a#stain4$ /onfining or detaining the s!ouse against one7s

will or damaging !ro!ert" are also considered as acts of violence (


54/83

$a$*$ @omestic Violence in the Marital Relationshi!G

Ahu'a (*++E) and Visaria (*+++) have recentl" conducted studies on ;domestic violence7

within marital relationshi!$ The findings of their stud" have #een discussed #elow$

Domestic violence has #een defined as 3 all actions #" the famil" against one of its

mem#ers that threaten the life& #od"& !s"chological integrit" or li#ert" of the mem#er$

(Anthon" and Miller& cited in Adriana %ome5& *++,)

In identif"ing factors leading to wife #eating& #oth Visaria and Ahu'a& in their surve"&

have tested the co-relationshi! #etween wife #eating and education$ According to

Visaria7s (*+++) surve" in %u'arat& illiterate women face more violence than literatewomen$ Relationshi! #etween a#usive #ehaviour and level of education has #een found

to #e statisticall" significant (Visaria *+++G*2)$ Illiterate women and those with education

u! to !rimar" level (class ) tend to #e more su#'ected to violence as com!ared to those

who had received education #e"ond the !rimar" level$ 1owever& one has to ee! in mind

that the !ercentage of literate women in %u'arat is overall onl" #etween 2J to 8J$ In

one district&


55/83

income& hus#and7s occu!ation and em!lo"ment of women are not co-related with wife-

#attering$ According to surve" findings of Visaria (*+++) 'oint famil" tends to offer

women some !rotection or acts as a deterrent to hus#ands using !h"sical force to su#due

them$

The forms of violence commonl" found #" Ahu'a (*++E) were sla!!ing& icing& tearing

hair& !ushing and !ulling& hitting with an o#'ect& attem!ting to strangulate and

threatening$ Borms of !s"chological a#use were also found to eist& for instance& ver#al

a#use& sarcastic remars in the !resence of outsiders& im!osing severe restrictions on

freedom of movement& totall" ignoring the wife in decision-maing !rocesses& maing

fre0uent com!laints against her to her !arents& friends& neigh#ours& and in much to the

em#arrassment of the wife$ Some of the reasons given #" the women we

violence against women in india_0001

Documents