Is Media Party to ‘Conspiracy of Silence’ Around Child Sex Abuse?

Watch Flavia Agnes talk about the ‘mandatory reporting’ clause in the POCSO Act.

Flavia Agnes on child sexual abuse and the POCSO act. (Photo: The Quint)

In our country, there is a deep-seated belief that child sexual abuse is a ‘western concept’ and thus, talking about sexuality is shameful. Such an uncomfortable silence around the topic confuses children who have faced sexual assault.

This ‘conspiracy of silence’ cuts down a child’s confidence to speak up about any form of sexual abuse.

Although there is little quantifiable data available that maps the exact number of child sexual abuse victims in India, a 2007 study done by the Ministry of Women and Child Development states that one in every second child in the country is sexually abused.

India had set up a Protection of Children from Sexual Offences Act (POCSO) in 2012, to provide child sexual abuse victims a legal framework to fight. The country finally felt the need to protect child rights, but with a not-so foolproof system.

The ‘mandatory reporting’ aspect of the law, for instance, has been debated multiple times by lawyers and activists, both in favour and against it. It states that every person is required to report apprehensions or knowledge of offences that have been committed against children to police. Failure to report attracts imprisonment of up to six months and a fine or both.

This can be quite a double-edged sword. The supporters have a simple view that only a forced imposition to report sexual abuse can detect all cases, since children do not have the resources to protect themselves.

The opposers believe that giving every person the power to report can encourage fake reporting and this can be done without the consent of the victim. Some are of the view that only professionals, such as doctors, counsellors, and psychologists should have the right to report.

Activist and Lawyer Flavia Agnes supports ‘mandatory reporting’. She, however, also believes that mandatory reporting should be supported with a system that protects the victim and encourages more people to speak up.

POCSO was implemented five years ago, however, the acquittal rate is as low as 2.5%. To understand the loopholes and the gaps in the law and its implementation, Rajya Sabha MP Rajeev Chandrasekhar had organised a national consultation on the act. Notable lawyers, magistrates and social workers came together to discuss the bearings and the loopholes in it. The discussion enabled all the stakeholders to come together for an issue that was very close to them – child rights.

Watch one such discussion from the consultation.

Cameraperson: Shiv Kumar Maurya
Editors: Mohd Irshad and Mohd Ibrahim