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child rightssodomised or if it is a boy child. Section 354- outraging the modestyof a woman.There is absolutely no section inthe IPC that covers all the variouskinds of abuse that is done by anadult to a child. If a child has beenfondled in her genital area but thereis no penile penetration, Section 354of the IPC is applied. Section 354 is abailable section which means if theperpetrator is arrested, he can getbail either from the police stationitself or from the Magistrate’s courton his first remand.It is therefore imperative that anew legislation is passed for the protectionof victims of child sexualabuse and for stricter punishment ofchild sexual abusers. This lawshould cover important aspects like:a) A complete definition of all thedifferent kinds of child sexual abusewhich shall include penetration ofany kind whether it is penile or withan object or a finger. The definitionshould also include the various kindsof pornography a child is subjected towhether the child is being used inthe proceedings or is being made towatch acts of a sexual nature.b) Filing an F.I.R. in the nearestpolice station after the abuse is usuallya traumatic task for the victimand her family. Therefore, filing anF.I.R. should be made simpler for thevictim and the police must be sensitiveand not victimise an alreadytraumatised and shattered victim.c) Court procedure should be childfriendly. Defence lawyers should notbe allowed to harass the victim andthe judge should ensure that the victimhas a social worker or guardianin court with her. A case of child sexualabuse or rape should be givenpriority because if the case comes upafter 5-7 years, it is possible that thechild may have gotten married or herparents may think that she is too oldto testify as the child would practicallybe a woman and society wouldpoint their fingers at her.d) Stricter punishment to child sexualabusers and abettors of child sexualabuse. The punishment shouldbe according to the gravity of theoffence but should also take intoaccount not just the physical traumacaused to a child but also the emotionaltrauma that is undergone bythe victim. A minimum period ofpunishment should also be specifiedfor child sexual abusers.Article 34 of the Convention on theRights of the Child declares “State35 combat law • April - May 2004parties undertake to protect thechild from all forms of sexualexploitation and sexual abuse. Forthese purposes, State parties shall inparticular take all appropriatenational, bilateral and multilateralmeasures to prevent: The inducement or coercion of achild to engage in any unlawfulsexual activity; The exploitative use of childrenin prostitution or other unlawfulsexual practises; The exploitative use of childrenin pornographic performancesand materials.India has signed and ratified theabove document but has made nomove towards the implementation ofArticle 34 in its national legislations.While child rights groups, women’sgroups and gay rights groups debateover various laws, the only losers areyoung children who are violated on adaily basis. It is now time to stopdebating and start protecting ourchildren from the evil of child sexualabuse.Prathiba Menon is a childs rightslawyer and activist.Beyond the Protection of Juvenile LegislationBY MAHARUKH ADENWALLALegislation is very clear inits intention that juvenilesare not to be incarceratedin jails pendinginquiry or on conviction.Such provision has been in the lawbooks since the Childrens’ Act, but avisit to the "baba ward" in MumbaiCentral Prison, an undertrialprison, belies this provision. The"baba ward" houses offenders manyof whom are visibly under 18 yearsof age. The situation must surely bethe same in other parts of the country.Despite the safeguards incorporatedin the law and procedure,ensuring children protection of juvenilelegislation, juveniles continue toform part of the criminal justice systemas is applicable to adults.Juvenile legislation since its inceptionhas emphasized that a childcharged with commission of a crimeshould be dealt with differently froman adult offender. Its focus is onrehabilitation rather than punitiveaction. A separate adjudicatingmechanism and manner of dispositionhas been envisaged to meet thisobjective. The Bombay Children Act1948, as amended from time to time,spoke of children being kept inApproved Centres , ClassifyingCentres or Observation Homes, andCLprohibited the sentencing of a childto death, transportation or imprisonment.The Juvenile Justice Act1986, which replaced the ChildrenActs prevailing in different States,had categorically included as one ofits Statement of Objects andReasons, "to lay down a uniformlegal framework for juvenile justicein the country so as to ensure thatno child under any circumstances islodged in jail or lock-up". This basictenet continues in the Act presentlyin force when it states that achild pending inquiry must be keptin an Observation Home and that onguilt being proved, the child must bedealt with under section 15 (1).