Every society give strong response to criminal act and legal system which is
controlled and run by several organs of the govt are responsible to curb the
criminal environment so that the welfare of the nation and peaceful prevail.
This paper explains about existing constitutional and legal framework in India
to protect and describe the right of sexually assault victim. This paper
examined the role of apex court for the protection of teenagers and their basic
fundamental right remain enforceable against sexual abuse.
In today's world teenagers used to face a lot of difficulties not in studies
where there is so much of competitions but peer pressure, family pressure and
most important the social pressure. Social or society pressure are combined
pressures that are faced by every person around everywhere and every day. For
example -Marriage, Religion and Life style are the perfect examples of the
social pressure. Teenagers also have to face the problem of sexual assault.
Both boys and girls are the victim of violence, including sexual assault. Sexual
assault can happen in between two people who are in relationship or between
strangers or acquaintances. It can happen when victim no longer wants sexual
contact. So, we can say that sexual assault is any unwanted and forced sexual
contact that happens without a person's consent. It includes forced kissing,
touching in inappropriate manner without the other person's consent.
Teenagers: The Victim Of Sexual Assault
Teenagers who is the victim of sexual assault become morally, emotionally and
physically so low and distress. Even some teens didn't know what exactly happen
to them. They become clingy, angry, distress and can't handle their emotions
well. Sometimes they can't even share what they feel.
According to a research:
Assault among people under the age of 18 years are common,18% of girls and 3% of
boys were assaulted. 1 in 9 girls and 1 in 53 boys under the age of 18
experience sexual abuse or assault at the hands of adult. 82% of all victims
under 18 are females. Females aged 16-19 are 4 times more likely than the
general population to be the victim of rape or sexual assault. Victims of sexual
assault or abuse likely to experience depression.
Impact of the assault can be serious and long lasting. In both sexual and
non-sexual assault in teens are associated with high level of depression,
anxiety, post traumatic symptoms and risk of being assaulted again. Most
assaults between adolescents didn't involve sexual intercourse. Penetration
occurs only in 15% of cases. 66% of adolescent victims did not tell a parent or
any other adult about the assault. Only 19% reported the assault to the police.
What does research say?
National survey on violence of over 6,000 youth ages 10 to 17, conducted
between 2008 and 2014. Peer sexual assault was defined by affirmative answers to
either of two questions: 1) At any time in your life, did another child or teen
make you do sexual things? 2) At any time in your life, did anyone try to force
you to have sex, that is, sexual intercourse of any kind, even if it did not
- Assaults among people under the age of 18 are common: 18 percent of
girls and 3 percent of boys say that by age 17 they have been victims of a
sexual assault or abuse at the hands of another adolescent.
In addition, to be counted, all offenses required physical contact and a
- Most assaults between adolescents do not involve sexual intercourse.
Penetration occurs only in 15 percent of cases.
- Failure to disclose or report the assault is common. Most 66 percent of adolescent victims did not tell a parent or any other adult about the
assault. Only 19 percent reported the assault to the police.
Rights Available For The Victim
First step is usually the contacting to police for the young people, but decided
whether to report the sexual assault or not it is somehow difficult for the
Rights Available For The Teenagers
The Protection Of Children's Against Sexual Offence Act, Of 2012 Regarding Sexual Child Abuse Has Been Passed By Both The Houses Of Indian Parliament In May 2012. The Act Came Into Force From 14 November 2012.
The United Nations Convention on the Rights of the Child (CRC) is an
international treaty that legally obligates nations to protect children's
rights. Articles 34 and 35 of the CRC require states to protect children from
all forms of sexual exploitation and sexual abuse. This includes outlawing the
coercion of a child to perform sexual activity, the prostitution of children,
and the exploitation of children in creating pornography. States are also
required to prevent the abduction, sale, or trafficking of children.
Controversy Over Age Of Consent Law Prohibiting Sexual Offence Against Children
The protection of children against sexually offence act2012was passed by both
the houses of parliament on 2012. This law has been introduced for both male and
female child respectively. The legislation defines various types of sexual
offences against children and provides penalties for such acts.
a report commissioned by the Ministry of Women and Child Development in 2007,
about 53% of the children interviewed reported some form of sexual abuse. It
defines the offences very clearly and includes some child friendly environment
so that procedure can go smoothly with the child for reporting, recording of
evidence, investigation and trail of offences. However, the issue of age of
consent has generated some controversy. So, here the age of consent means age at
which a person is considered to be capable of legally giving consent to sexual
act with another person.
Before this law was passed the age of consent was considered to be 16 years
(except if the woman was married to an accused, in which case it may be lower)
Section 375 of IPC 1860, states that any sexual intercourse with a woman who is
below the age of 16 years is considered to be RAPE
. The consent of the person
Key Provision Of The Act:
- The Act defines a child as any person below the age of 18 years and provides
protection to all children from offences such as sexual assault, penetrative
sexual assault and sexual harassment. It also penalises a person for using a
child for pornographic purposes.
- The Act states that a person commits sexual assault if he touches the vagina,
penis, anus or breast of a child with sexual intent without penetration.
- The Act treats an offence as aggravated if it is committed by a person in a
position of authority or trust such as a member of the security forces, a police
officer or a public servant.
- It specifies penalties for the offences and provides a mechanism for reporting
and trial of such offences.
Judicial Review Regarding Sexual Assault
- Raju Etc. vs State on 20 November, 2012
As early as on 26.5.2004, the Supreme Court expressed the hope that the
Parliament will give serious attention to the problem and make appropriate
legislation. Major Singh's case (supra) was decided as early as in 1966. But,
even today, there is no legislation which adequately takes care of the situation
though there is a proposal for a Bill relating to child sexual abuse.
are many, where various forms of sexual assaults which may fall short of rape
shake the judicial conscience. Such cases also etch more serious harm and damage
to the mind and body of the child or woman than in a case of rape itself.
courts helplessly gaze, not finding a way to deal with certain instances of
sexual assault. In a case where the accused may not have the intention to have
penile penetration or an attempt to it, but he does every other heinous act to
vent his lust, which may be worse than even rape or an attempt to rape, the
offence which may be attracted will be a bailable offence under Section 354 IPC.
The physical and psychological harm caused in such cases may be irreparable.
- Gopal Kakkad vs Naval Dubey And Anr on 29 April, 1992
"JUSTICE DEMANDS, THE COURT AWARDS"
Before parting with the judgment, with deep concern, we may point out that
though all sexual assaults on female children are not reported and do not come
to light yet there is an alarming and shocking increase of sexual offences
committed on children.
This is due to the reasons that children are ignorant of
the act of rape and are not able to offer resistance and become easy prey for
lusty brutes who display the unscrupulous, deceitful and insidious art of luring
female children and young girls. Therefore, such offenders who are menace to the civilised society should be mercilessly and inexorably punished in the severest
- Asaram vs The State Of Maharashtra on 28 July, 2009".....
even slight penetration is sufficient and emission is unnecessary". Therefore,
the absence of injuries on the private parts of a victim specially a married
lady cannot, ipso facto, lead to an inference that no rape has been committed."
Here the victim was a very young girl of six years of age and it is quite likely
that full penetration did not take place as the accused is a grownup person of
over 20 years of age. The injuries clearly indicate that rape, as defined in S.
275, I.P.C. did take place."
- Koppula Venkat Rao vs State Of Andhra Pradesh on 10 March, 2004
Judgment 2004 (2) SCR 944 The Judgment of the Court was delivered by
Arijit Pasayat, J. Taking lift on a bicycle after a late night movie show and
travelling in darkness can result in some harrowing-traumas for a teenaged girl
as the victim in the present case experienced.
Accused-appellant Koppula Venkat Rao calls in question legality of his
conviction as recorded by the Trial Court and upheld by Learned Single Judge of
the Andhra Pradesh High Court under Section 376 of the Indian Penal Code 1860
(in short "the IPC")- He was sentenced to undergo 10 years RI by the Trial Court
which was reduced to 5 years by the High Court.
- Anand Parkash vs State of Haryana on 11 August, 2011
A.N. JINDAL, J (ORAL) Anand Parkash, accused-appellant (hereinafter referred to
as 'the accused') was prosecuted for attempting to commit rape upon his step
daughter. Consequently, on trial, vide judgment dated 18.04.2003 passed by the
Additional Sessions Judge, Gurgaon, he was convicted and sentenced to undergo
rigorous imprisonment for 3 years and to pay a fine of Rs.500/- under Sections
376/511 IPC; rigorous imprisonment for 3 months for the offence under Section
323 IPC and rigorous imprisonment for 6 months under Section 506 IPC.
Here is a case, where the accused was the stepfather. Prosecutrix, a girl about
15 years old, is the daughter of Anuradha Bhardwaj. Besides prosecutrix,
Anuradha had two other sons from her first husband, on whose death, she
re-married with the accused by way of Court marriage 5/6 years prior to the
Anuradha was working as midwife in her own shop at Farrukh Nagar,
whereas accused was not doing any job. The prosecutrix, in her statement made on
30.04.2002, further disclosed that in the absence of other family members, the
accused used to indulge with her in uncalled for activities and molest her. He
also used to beat her and her brothers and threatened them if they would
disclose about the factum of molestation to somebody, then he would kill them.
So, we can say that every child has the right to education. Education is the
weapon to eradicate these kind of problem. Educated teenagers have capacity to
differentiate between right and wrong consent, good decision-making, refusal
skills and the empowerment of bystanders to intervene.
Rights and basic laws should also be included in academic work so that teenagers
should aware of these assaults and know there rights properly. Parents should be
friendly with their children so as to make them comfortable during such
circumstances/situation. NGO's and social activist plays an important role in redressal of such issues.
Internet Source: Indian Kanoon available at:
- https://jamanetwork.com/journals/jama/full article/2441263
Award Winning Article Is Written By: Ms.Harshni Slathia
Authentication No: DE35540722227-20-1220