Gender Disparity | Article 14 Of Constitution Of India | Law Against Sexual Assault
- by Aditi-Harshraj
- Jul 23, 2020 18:13
Article 14 of the Constitution of India ensures equal protection of law and equality before the law but does the state provide equal protection to children from sexual exploitation regardless of their gender, economic & social status, and others? It is the fundamental responsibility of the state to protect the vulnerable groups without any disparity. But is the state able to fulfill its responsibility? We must understand how pervasive sexual exploitation is within society especially for the children. The ministry of women and child development studies on child abuse (2007) defined sexual assault of children as penetration of the anus, vagina, or oral sex.
It was also found that out of over twelve thousand Child respondents, 5.96% reported being sexually assaulted and 54.4% of victims of sexual assault were male children. The majority of the victims who reported were male children but the law fails to recognize this fact. Among those 54.4% male children 37.82% were in the age group of 15 to 18 years, 36.53% were in the age group of 5 to 12 years, and 25.64% in the age group of 13 to 14 years. This figure and gender disparity are only a part of the whole picture because majority cases of sexual violence are not reported. The 2018 crime in India report clearly depicts a rise in sexual violence against children under IPC and POSCO Act. The steady rise in numbers is fairly disturbing as it's clear with the figure that both male and female children are the victim of sexual violence and no one can claim that sexual violence is confined to women children but Indian law fails to recognize that both male and female children are the victims. It's is the flagrant violation of the rule of law and the principle of natural justice.
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