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Why are we still grappling with minors’ abuse?

The recent news of minor girls being allegedly abused in actor Bhanupriya’s house has yet again turned the spotlight on a crime that is still far from being prevented, despite having a strong legal system and procedure in place.

Why are we still grappling with minors’ abuse?
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Chennai

In the teeming metropolis, a young girl living in an affluent house, who is often seen going to the nearby grocery store or walking a five-year-old to the school may not get a second glance. Even less is known about her life behind closed doors. Is she babysitting a toddler, mopping floors, eating leftovers, or worse, being assaulted physically or sexually?


It takes a controversy to blow the lid off and bring the secret into the open, raking up the long-standing issue of abuse of the vulnerable. While such cases have always been happening, there now is a growing number of minors who stand the risk of being abused due to the increased migration in recent times, said MP Nirmala, chairperson, Tamil Nadu Commission for the Protection of Child Rights. “There are children like the 16-year-old in question [rescued from the actor’s house] coming from Andhra Pradesh, Maharashtra, West Bengal and Bihar. We know little about their lives as domestic workers in the city,” she said. Nirmala added that the girl was said to be babysitting a two-year-old. “How can a 16-year-old be entrusted with such a task,” she asked.


Sent for a better future

Often, being employed as domestic workers is seen as a security measure for the girls’ parents, said activists. Sheila Charles Mohan, former member, Child Welfare Committee said, “They make them study till they are 14-years-old, and after that they look at ways to secure their future by sending them to a house where they can work and earn so that they can support their parents as well.”


Even in the present case a similar thought by the girl’s mother could have prompted the parent to send her daughter to live in the actor’s house, she said. “All along, we have seen many such cases from UP, MP and from the eastern parts of the country. When you ask them why they came here, they say ‘Roti ke liye’ (to earn their daily bread),” she said.


A source from the Child Welfare Committee in the city said that like in the case of the girl, who was brought from the actor’s native town, there is increased trafficking of minors into the city by relatives or friends of the victims.


“There is one ‘uncle’ accompanying a group of minors. How can they be suspected or intercepted? Among the many types of trafficking, this is a common method used to keep it under wraps,” added the source. District Child Protection Officer Uma Maheswari said that time and again they rescue minors from workplaces like restaurants and homes following raids after receiving tip offs. “They are rehabilitated depending on their needs – if they wish to study, they are put in schools; or else they are sent back home,” she added.


Strengthen village committees

Andrew Sesuraj, convener, Tamil Nadu Child Rights Observatory, observed that owing to large-scale migration, it is imperative to strengthen child protection committees in villages. “There is a provision for this under the Integrated Child Development Services. If a child above 14 years leaves the village under any circumstance, the committee takes cognisance.” He added that the Tamil Nadu government has passed a GO in view of this too. He added that government should ensure that children are in some kind of learning centre, apart from making Right to Education compulsory for children till they are 15 years. He added, “Domestic work is also classified under hazardous workplaces and if there is a strong deterrent like fine or imprisonment even for 10 days, it will send a clear signal.” Sheila, the former CWC member added that grassroot level awareness has to be created. “Earlier, we had these awareness boards in public places, but now that is not seen. Perhaps, it must be focused on again.”


Child rights commission chairperson Nimala pointed out that registering domestic help details with the police by all will go a long way in preventing crime and maintenance of record.“Such a surveillance will also ensure their safety.”

Legal provisions
  •  The Bonded Labour System (Abolition) Act, 1976, defines and prohibits bonded labour in any form. It also penalises the offenders and has provisions for rehabilitation of the freed bonded labourers
  •  Criminal Law Amendment Act, 2013, lays down provisions of punishment for exploitation of a trafficked minor/child
  •  Juvenile Justice (Care and Protection of Children) Act, 2000, ensures care and protection of children. The law provides for measures for the repatriation and rehabilitation of the children
  •  Minimum Wages Act, 1940, ensures payment of minimum wage and overtime to the workers employed as per the State rule
  •  The Indian Penal Code 1860 prescribes punishment for trafficking, kidnapping, procuration of minors, or buying and selling them for immoral purposes and penalises the offenders
  •  The Contract Labour (Regulation and Abolition) Act, 1970, abolishes contract employment in some situation and regulates the conditions of workers of contract labour
  •  Protection of Children against Sexual Offences (POCSO) Act, 2012, punishes any sexual offences against children and also penalises its abetment
  •  Domestic Workers Welfare and Social Security Act, 2010, states that no child shall be employed as a domestic worker or for any such incidental or ancillary work which is prohibited under any law for the time being in force. (Section 18) 
  •  The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, provides institutional machinery for safe migration opportunity for labour and ensures safe conditions of service and for matters connected therewith

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