Child abuse as per law is defined as the physical or mental injury, sexual abuse or exploitation or negligent treatment or maltreatment of a child under age of 18 by a person who is responsible for the child’s welfare under circumstances which indicate that the child’s welfare is threatened or harmed thereby. Various age limits are prescribed by various States and 18 years is not uniform throughout all the States. Also different age limit is set for cases of sexual abuse. Persons responsible for child’s care also include employees of a residential facility or any staff person providing out-of –home care.
The law is also very meticulous in defining sexual abuse. Sexual abuse is defined as “the use, persuasion or coercion of any child to engage in any sexually explicit conduct (or any simulation of such conduct) for the purpose of (a)producing any visual depiction of such conduct or (b) rape, molestation, or prostitution. (b)incest with children. The Act also defines child abuse as the withholding of medically indicated treatment for disabled infants with life threatening conditions. Different States provide different definitions of child abuse.
Legal position: Federal Law recognizes that certain protectionism and treatment should be provided by children of all States. Accordingly, it has passed Social Security Act. The Act has been amended quite a good number of times to accommodate additional social problem. Subsequently many Acts dealing with child abuse have been passed on the foundations of Social Security Act. The efforts for providing effective child care culminated in the passing of Child Abuse Prevention and Treatment Act establishing NCCAN as focal point for Federal efforts to address the menace of child abuse and neglect.
New Policy creation and details of policy:
The Police are not provided with any special powers to proceed in child abuse cases. But usually they follow certain procedure in order to establish the...