Fortifying bulwarks

The recent case of the rape of a minor in a school has left all of us shattered. Not just in India, this issue needs to be tackled globally. While the death penalty and other measures have been under discussion, it is absolutely imperative that preventive measures are taken promptly. One immediate resolution that comes to mind is the deployment of only female staff in toilets, specifically for children in their tender years, at places such as primary schools, creches, orphanages, juvenile homes, foster care homes, etc. Definitely, this approach is not discriminatory towards men. Many occupations restrict women from working in hazardous procedures or during late nights in remote locations. Similarly, there are places where societal conditions and mindsets require that only women should be deployed.

Several laws exist for the protection of children. For instance, the Protection of Children against Sexual Offences (POCSO) Act of 2012 criminalises a range of acts, including child rape, harassment, and exploitation for pornography. This law mandates the establishment of Special Courts to expedite trials in such cases. The Act was amended in 2019 to enhance punishments for various offenses to deter perpetrators and ensure the safety and security of children. Section 75 of the Indian Penal Code also provides for the punishment of cruelty towards a child. After the Criminal Law (Amendment) Act of 2013, the punishment for the rape of a minor girl was increased under section 376(2)(i) of the IPC. However, what we lack is awareness and sufficient sensitisation. Just as the Prevention of Sexual Harassment Act (POSH) of 2013 mandates gender sensitisation programmes, the same should be made compulsory at school levels for all types of staff, including teachers, on a monthly basis, particularly for the protection of children against such offenses. Sessions must be conducted, especially with respect to the severity of punishments that can be imposed and unacceptable behaviours.

Even the Indian Constitution mandates the protection of children. Article 15(3) of the Indian Constitution permits the state to establish special provisions for children. Furthermore, Article 39(f), amended in 2014, emphasises that children should be provided opportunities and facilities to develop in a healthy manner and under conditions of freedom and dignity. It also stresses that childhood and youth must be safeguarded against exploitation as well as moral and material neglect.

Strict punishments, such as capital punishment, are more of a deterrent and are absolutely necessary. However, given the prevailing mindset and educational levels, we need strategies that can immediately clamp down on such incidents. Alongside the recruitment of women as safai karamcharis, especially at toilets in primary schools, it is also recommended that a few women employees be mandated as security guards in addition to men. Considering that young children may not be able to communicate their experiences, it is essential to implement clear and robust strategies that serve as comprehensive obstacles to such heinous acts.

Organisations must also know that, in cases of serious misconduct, they have the right to suspend employees immediately. In fact, if the situation pertains to industrial establishments, certain rare court judgments permit the bypassing of formal enquiries, allowing charges to be proven directly in a court of law. However, it is advisable to formulate a legislation that specifically allows for immediate dismissal in cases of misconduct involving moral turpitude. Another aspect that requires revision, particularly for schools, is the approval process from the Directorate of Education in certain states for termination. While this may not apply universally, simplification of this procedure should be considered, especially for grave misconduct cases.

Moreover, a significant number of organisations now outsource their manpower. In such scenarios, a proper background check, online screening, and the maintenance of website-based data for each personnel should be undertaken, not only by the outsourced agency but also by the principal employer. Linking an individual's background information with their Aadhaar details could be an additional helpful step. The installation of CCTV cameras has become imperative in today's world. For schools, continuous monitoring is highly recommended.

None of us can tolerate even an iota of child abuse. Stringent legal penalties and provisions will, to some extent, deter crimes against children. However, given our vast population and the impossibility of monitoring everyone, the solution lies in creating clear-cut, straightjacket methodologies.

The writer is a practising Advocate in Supreme Court and High Court of Delhi. Views expressed are personal