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Despite Laws To Protect Them Why Are Child Sexual Abuse Survivors Forced To Relocate?

In November 2021, a Dalit woman in Hyderabad filed a complaint to the police as well as the Telangana State Commission For Protection of Child Rights regarding her daughter as her school teacher had forced her to remove her undergarments in a washroom based on suspicion that the girl was hiding a mobile phone in her clothes.

This incident left the girl traumatised and unable to return to school. Even as the complaint has been filed and the media sensationalised the story, the family is planning to leave the country and relocate elsewhere for a new start. This is not the only case where survivors’ families have relocated. There are a number of instances where families are forced to relocate because of the stigma and external pressure they face from society.

In Nov 2021, a Dalit woman filed a case in Hyderabad against her daughter being forced to strip in school to find a hidden phone on her.

Section 23 (2) of the POSCO Act says:

“No person in any media shall disclose the identity of a child including their name, address, photograph, family details, school, neighborhood or any other particulars that will lead to the disclosure of the identity of the child.”

But this statement is only in the books of law; when it is instructed not to reveal the identity, only the name of the survivor is concealed. For example, many times, if the father or other family member are the accused and if their identity gets revealed, it becomes easy to guess the identity of the survivor as well.

It has been found that 50% of child sexual abuse cases happen by one’s own family members. In such cases, it is difficult for a survivor to remain in their homes.

A great initiative was taken by the Kerala Social Justice Department i.e. establishment of Nirbhaya Homes in 2013 for sexual abuse survivors. These homes were run by the Mahila Samakhya Society. But then the government decided to close these 13 Nirbhaya homes in Kerala to cut down on its expense due to the Covid-induced financial crisis.

At present, only the Nirbhaya home in Thrissur is functioning; all the other Nirbhaya homes in different districts only function as entry homes. Closing down these homes was another decision taken against the survivors’ interest. These homes were the only relief for survivors of the POSCO cases. They were also receiving counselling sessions here. Now, it’s uncertain how many of the survivors would be willing to move to the Thrissur.

Buses were used to promote Nirbhaya Cell in Kerala. | Image has been provided by the author.

Many activists have pointed out that these homes are against the Juvenile Justice Act, which says that institutional care must be the last resort. According to them, such a home only brings out stigmatisation and other issues among children. Many steps can be taken to protect the identity of the survivor.

For instance, policemen should follow the sections of the POSCO Act that state: “The police officer, while recording the statement of a child, shall not be in uniform.” This is so that neighbours do not find out about the police coming and taking statements. Even if one knows of any survivor, we should show some respect instead of judging them or offering our sympathy. This is what we miss in our society.

“Survivors survive, Humanity dies” is the present scenario of the society.

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