SEXUAL HEALTH AND HUMAN RIGHTS A legal and ... - The ICHRP

in order to engage the child in such a profession. Further, publication, exhibition, or
distribution of a photograph, description or “personal events” of a child is also prohibited. 610
One assumes that this section aims to address issues of child prostitution and pornography.
Any court proceedings pursuant to violations under this statute are protected by
confidentiality measures. Such proceedings are prohibited from publication in any press
outlet without the permission of the concerned investigating officer. 611
Laws related to the sexual exploitation of children in India include the provisions on child
sexual abuse, those of the Information Technology Act, 2000 and of the Goa Children’s Act,
2003 discussed above. India’s Juvenile Justice (Care and Protection of Children) Act, 2000
caters to children “in need of care and protection” who are defined to include children who
are “being or …likely to be grossly abused, tortured or exploited for the purpose of sexual
abuse or illegal acts”, who are “found vulnerable and …likely to be inducted into
…trafficking” or who are “being or …likely to be abused for unconscionable gains.” 612 A
juvenile or a child has the same meaning under this law, which is any person below 18 years
of age. The law empowers the state government to set up a Child Welfare Committee at
district level to look into concerns of children in need of care and protection. 613 The
committee, has the power, inter alia, to enquire into a case of such a child and order the
child’s care to be taken in children’s homes to be established under the law and in cases of
immediate care, to refer children to shelter homes designated as such under the law. 614 The
laws adds that “[r]estoration of and protection to a child shall be the prime objective of any
children's home or shelter home”, which means returning the child to parents, foster parents
or adopted parents. 615 The provisions in the Goa Children’s Act, 2003 are discussed above.
India’s Commission for Protection of Child Rights Act, 2005 which establishes National and
State level Commissions for the protection of child rights as well as child courts, specifically
requires the Commissions to examine all factors that inhibit the enjoyment of rights of
children affected by “trafficking, maltreatment, torture and exploitation, pornography and
prostitution and Recommend appropriate remedial measures.” 616
Thailand’s Child Protection Act, 2003 was enacted to amongst other things bring Thai law in
line with the United Nations Convention on the Rights of the Child and defines a child as a
person below the age of 18 (but does not include those who have attained majority through
marriage). It defines torture 617 as “any commission or omission of acts which cause the
deprivation of freedom of, or mental or physical harm to, a child; sexual abuses committed
against a child; inducement of a child to act or behave in a manner which is likely to be
mentally or physically harmful to the child, unlawful or immoral, regardless of the child's
consent.” The law forbids such torture 618 and provides for safety protection of a tortured
child 619, creates a duty on a person who witnesses or knows of such torture to inform a
competent authority 620 and for criminal proceedings including against a guardian if that is the
610 Section 15, ibid.
611 Section 49, ibid.
612 Section 2, Juvenile Justice Act, 2000 (India)
613 Section 29, ibid.
614 Sections 34 & 36, ibid.
615 Section 39, ibid.
616 Section 13(1), Commission for Protection of Child Rights Act, 2005 (India)
617 Article 4, Child Protection Act, 2003 (Thailand)
618 Article 26, ibid.
619 Article 40, ibid.
620 Article 41, ibid.
129