CHILD ABUSE IN INDIA

Child AbuseChildren are the assets of a country. They mould and binds tomorrow’s nation. Therefore it is the duty of each and every citizen to protect these children and their interests. Instead the pathetic situation that is prevailing currently is the physical, sexual and emotional abuse of children. The bruises, burns, fractures, lacerations and abrasions, abdominal injuries and human bites are the indicators of physical abuse. The behavioral indicators of physical abuse are that the abused child becomes reluctant to contact with adults, he /she becomes apprehensive when other children cry, show aggressiveness in behaviour, seem frightened of parents or caretakers and afraid to go home or cries when it is time to go home. Child sexual abuse has been defined as the involvement of dependent and immature children in sexual activities they don’t fully comprehend to which they are unable to give informed consent. According to The Juvenile Justice Act 1986,the child sexual abuse is an interaction between child and the adult in which the child is being used for the sexual stimulation of the perpetrator or the other person.

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FEMALE INFANTICIDE

FEMALE INFANTICIDEFemale infanticide, one of the most important social issue prevailing in the Indian society, is day-by-day increasing to a very great extent. Once the sex of the fetus is found to be that of a female, the parents opt for an abortion of the same. Daughters are hence considered to be a burden for the family. The latest data from the Indian National Census have shown gender discrimination in India to have gone horrifically off the rails as it seems that in the past ten years, more than eight million female babies have been killed by their parents under the noses and apparent consent of the Indian authorities. There is a huge decline in the number of females which undoubtedly results from the killing of female babies soon after their birth and from the abortion of the fetus after the identification of its sex.

Poverty is an important factor which compel the parents to not to opt for a female child. Poor and pathetic situation prevailing does not allow those parents to accept their child if it is a female, which again adds up much more to their poverty. Hence it results in the brutal death of female babies or fetus.

Apart from the above said reasons, many of the Indian women are compelled by their husbands or his relatives and also even by the society at sometimes, to abort the fetus or to kill their female babies soon after their birth. In a male dominated society like India, it makes these mothers unable to raise their voice against all these and instead; they will have to obey these commands as such.

The Prenatal Diagnostic Techniques(Regulation and Prevention of misuse) Act 1994 is an Act to provide for the regulation of the use of prenatal diagnostic techniques for the purpose of detecting the genetic or metabolic disorders or chromosomal abnormalities or certain congenital malformations or sex linked disorders and for prevention of the misuse of such techniques for the purpose of prenatal sex determination leading to female foeticide, and for matters connected therewith or incidental thereto. The Act imposes penalties through its various provisions for the misuse of these prenatal diagnostic techniques. Therefore the Act is an effective measure which eradicates this practice of female infanticide. It plays a vital role in abolishing the practice of female infanticide which can to a great extent successfully solve the problem of discrimination in the sex ratio in the country.

Report by Sharika

EUTHANASIA-Legal Position

EUTHANASIAEuthanasia means the practice of helping severely-ill people die, either at their request or by taking the decision to withdraw life support. It also means the termination of life by a doctor at the express and voluntary wish by a patient. The practice of illegal euthanasia is increasing at a very high rate in the recent times which required many of the foreign Govt. to establish stringent rules and regulations with regard to the same. These laws in foreign countries allow euthanasia which requires the doctors practicing it to possess a reasonable standared of care and caution along with skill. With regard to the law in Holland, it does not make other citizens eligible for euthanasia. Taking into consideration the other European countries, it again puts up a huge prohibition upon euthanasia even if the patient wants to die and, as a matter of public policy the consent of the victim cannot be raised as a defence against the same.

Euthanasia is of Passive and Active forms. Passive euthanasia is the one in which when treatment to which the patient has not consented is ended. The Bland case 1993 (Airedale NHS Trust v. Bland [1993] AC 789 HL) made a landmark ruling on the same in which the High Court and the House of Lords allowed the parents and the hospital authority concerned, to withdraw the artificial nutrition and hydration which kept  Anthony Bland, a 17-year-oldboy,alive.

Taking into account Active euthanasia, it occurs when treatment is administered with the intention of ending the patient’s life. Here, in Dr.Arthur’s case, 1985, the jury at Leicester Crown Court acquitted the doctor. It was decided that he had not committed the act of ‘positive euthanasia’ instead; he had merely prescribed a drug, which had resulted in the peaceful death of a child.

Again it must be noted that, a Euthanasia which is deliberately conducted would normally leave anyone assisting for the same liable for murder. That is; the law imposes strict penalty upon those who conducts the same without complying with the requirements of law. Thus, unauthorised or illegal euthanasia is austerely forbidden by law. Therefore it is concluded that, the same can be practiced only for serving those people suffering like anything from their illness or like other health diseases to do away with the same. It should not be used as a weapon in the hands of the doctors and other authorities to clear up their responsibilities to provide required and appropriate treatment in their relationship with patients, which to a great extend can act as a control upon the same.

Riots draft bill

The proposed bill to prevent communal violence in the country drafted by National Advisory Council led by Sonia Gandhi has become a case of over reach. The bill which was well intentioned which  armed Centre with runaway powers to intervene in state affairs, creation of overlapping authorities and selective definition of victims for its effective implementation needs to make drastic changes in the Indian Constitution. The proposed bill calls for changes in the federal principles set out in the Constitution’s seventh schedule that distributes legislative powers between the Centre and the states. Bill also flaws in making out a definition of sufferers of communal violence as a “group” comprises only of religious, linguistic or religious minorities or scheduled castes and tribes which is discriminatory as it can mean that even if a large number of majority community members bear the brunt of communal violence, they will not be victims of “targeted violence”. The proposed bill has troubling provisions like those including armed forces under the ambit of security forces charged with preventing or acting against communal forces. This not only violates the federal set up by involving armed forces in routine operations, it also affects their preparedness.

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