CHILD ABUSE

There are many different types of abuse. While the more common forms include domestic violence, child abuse and emotional abuse, any behaviour towards someone that causes deliberate harm or upset can be considered abuse.

Types of abuse include:

  • physical abuse
  • child abuse
  • sexual abuse
  • emotional or psychological abuse
  • neglect
  • discriminatory abuse

According to Victim Support, an independent charity supporting victims of crime, the police estimate that they receive one call per minute from someone suffering abuse. This fact-sheet will explore the different types of abuse in more detail. We will look at the signs of abuse and how counselling can help. We will also explore what you should look for in a counsellor or psychotherapist.

Types of abuse

Physical abuse is causing intentional harm or injury to another person through violence or physical contact. Anyone can be affected by physical abuse. The abuser can be any person from within the victim’s environment including family members, partners or friends. Physical abuse can include, but is not limited to:

  • pushing
  • scratching
  • burning
  • hitting
  • biting
  • choking
  • sexual abuse
  • throwing objects

Emotional abuse is often difficult to identify as there are no visible marks or injuries left on the victim. This form of abuse often allows the abuser to gain power over the other through demeaning words and gestures. Generally, emotional abuse can be put into three categories.

  • Aggressive: this can include name-calling, blaming, accusing, and making threats or destructive criticism.
  • Denying: this can include manipulation, neglecting, withholding affection.
  • Minimising: this can include belittling the victim’s feelings or thoughts, isolation or accusing them of exaggerating

Sexual abuse can range from unwanted touching or photographing, to being pressured to do a sexual act without consent. Many victims who have been abused sexually will know the abuser. They will often be a relative, friend or past/present partner.

A common misconception is that men cannot be sexually abused: this is untrue. Anyone can be a victim of sexual abuse and nobody should feel pressured into doing something they do not want to do.

Sufferers of sexual abuse may begin to change their behaviour as a result of the trauma. While everyone will react differently, the effects of being abused sexually may include intense fear, panic attacks, low-self-esteem, body pains and depression.

Domestic violence covers any incident of threatening behaviour, violence or abuse between two people who are, or have been, in a relationship. It also covers family members, whatever their gender or sexuality.

Abuse may be psychological, sexual, emotional or financial. Its aim is to maintain power and control of one person over another. Most victims are women, but men suffer, too. People in same-sex relationships also suffer. The National Health Service (NHS) have said that on average, two women per week and 30 men per year die as a result of domestic violence in UK. It is not restricted to the poor or unemployed but exists across society.

Domestic violence remained a ‘hidden crime’ for many years, until the Domestic Violence Crime and Victims Act of 2004 gave the police and agencies more effective policies. Research has found that domestic abuse has more repeat victims than any other crime in the UK. According to the women and children charity, Refuge, an average of 35 assaults will have taken place before the violence is reported to the police.

However, in the Indian context, the literal meaning of the word domestic violence basically means any violent or aggressive behaviour of any person within the home as the word here is ‘domestic’ or in other words a violent quarrel between a couple which may force a female spouse to file for mental harassment basically under domestic violence act and other provisions of Indian Penal Code (IPC) and Criminal Procedure Code (CrPC). Basically from ages, domestic violence has been committed against women but in today’s scenario men can also file for domestic violence which can come under the category of domestic abuse, family violence basically arising in the relationships such as marriage including relationships with family members, family friends etc. and it can be in various forms such as physical aggressions, sexual abuse, emotional abuses etc.

What constitutes domestic violence?

Section 3 of the Domestic Violence Act, 2005 states that what constitutes domestic violence according to which domestic violence shall include: -

(a) Threats to health, safety, life etc, whether mental or physical, including physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or

(b) Harassment through any forms such as harms, injuries to the aggrieved person by coercing her or any other person related to any unlawful demand for dowry or other property  or valuable security; or

(c) Otherwise injuring or causing harm, through physical or mental means to the aggrieved person.

Against whom domestic violence can be filed

In the present day scenario, complaint can be filed against any adult male member who is in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act including the other family members such as mother-in-law, father-in-law, brother-in-law etc. or any relative of the husband or male partner. But in a recent judgment of 2010 in the case of Kusum Lata Sharma vs State & Anr, the Bombay High court held that a sister cannot file a complaint against her brother's wife, or her own sister. A mother-in-law if subjected to domestic violence by daughter-in-law cannot file a case against her daughter-in-law however, she can file a complaint case against her son mentioning the name of the daughter-in-law as the agent of her son.

 Punishment against Domestic Violence

  • There are various regulations or provisions being made for protection of women against domestic violence under the statute such as Sec.304B of IPC pertaining to dowry death.
  • Under section 313-316 of IPC female infanticide has been made punishable which means forcefully terminating the pregnancy of a women.
  • Other sections of IPC dealing with these issues are section 305-306 related to abetment of suicide and 340,349 of IPC respectively wrongful confinement and wrongful restraint.
  • A complaint can also be filed under section 498A of IPC for cruelty which also falls under domestic violence.

Is domestic violence gender neutral?

Yes, domestic violence can be said to be gender neutral in India because according to the research and studies it is clear that the number of men and women who commit violence toward each other is equal with respect to the analysis of these studies but apart from this it has also been found out that women are more likely to report act of violence then men in India. The reason for the violence both in men and women are different as men turn into violent when they feel a sense of powerlessness such as when they are not able to overcome what they want and women turn violent when they are frustrated or do not get their spouse’s attention.  Hence it can be said that men and women are both the victims of domestic violence and hence an inclusive approach must be taken to help families resolve conflict.

What a victim of domestic violence should do?

  • Call 100 or 1091 (women emergency helpline number) and report it to the concerned authority.
  • If possible write down the police report or incident number and keep with your records.
  • One can seek medical attention if required.
  • One can move to domestic violence shelter as stated under section 6 of protection of women from Domestic Violence act, 2005.
  • Seek the support of caring people on whom you have trust or who would keep your privacy such as a friend, a family member, a neighbour etc. So that they could act as a witness in your bad times.
  • One should have the safety plan to protect herself from daily violence.
  • File for protection order as stated under section 18 of Domestic Violence act so that the abuser can stay away from you.

One can also seek help of the below mentioned NGO’s if he or she wants, contact details are mentioned below: -

  • ALL INDIA WOMEN’S CONFERENCE – 011-23381165
  • JWP JOINT WOMEN’S PROGRAMME – 011-24314821
  • STREEBAL – 011-26164113
  • SHAKTI SHALINI – 011-24312483
  • SAKSHI -011- 24643946, 011-24623295

Safeguards against misuse of law (Section 498A)

  • Women NGO’S should try to investigate the case properly without any biasness toward women and must try to discourage women not to file any complaint against the in-laws just for trivial matters.
  • Family counselling centres must be established across the country to help harassed men and his family members so that their side of the story should also be put in front of the government.
  • Definition of mental cruelty under section 498A should be elaborated so that there may be provisions for men also to file a case of mental cruelty against his wife.
  • To reduce the misuse of this section, civil authorities must be appointed to investigate the case first and then cognizance must be taken.
  • Section 498A must be made bailable as due to its non-bailable nature, old parents, children and other family members also suffer without any fault.
  • Penalty must be charged against false accusations made by the wife against the husband.

Individual counselling may help you assess what to do about a violent relationship and learn what steps to take next. Specialist agencies and professionals are also available for help and support. Domestic violence can include:

  • verbal abuse
  • constant degrading and insults
  • continuously finding faults in a partner
  • threats
  • bullying
  • sexual abuse
  • physical abuse
  • punching, kicking
  • suffocating
  • homicide

Child abuse:  In the UK, Statistics show that every year thousands of children are abused physically by a parent or someone they know. Child abuse is characterised by any actions of a carer that could potentially harm a child’s mental or physical health. Research shows that many aggressors were abused themselves as children.

In 2007, the Indian Ministry of Women and Child Development released a study report on child abuse.  The report discusses incidence of child abuse nationwide. The study of the MWCD found a wide spread incidence of child abuse. Children between the ages of 5-12 are at the highest risk for abuse and exploitation. The study found that 69% of children reported to have been physically abused. Out of these 54.68% were boys. 52.91% of boys and 47.09 % of girls reported having been abused in their family environment. Of the children who were abused in family situations 88.6% were abused by their parents. Every two out of three school children reported facing corporal punishment. In juvenile justice institutions 70.21 % of children in conflict with law and 52.86% of children in need of care and protection reported having been physically abused. With regard to child labour 50.2% of children work all seven days of the week. 81.16% of the girl child labourers work in domestic households, while 84% of the boy child labourers worked in tea stalls or kiosks. 65.99 % of boys and 67.92% of girls living on the street reported being physically abused by their family members and other people.

Lastly the study examined emotional abuse and girl child neglect. The study examined two forms of emotional abuse: humiliation and comparison. Half the children reported facing emotional abuse with 83% of that abuse begin conducted by parents. Girl child neglect was assessed girls comparing themselves to their brothers on factors like attention, food, recreation time, household work, taking care of siblings, etc. 70.57% of girls reported having been neglected by family members. 48.4% of girls wished they were boys. 27.33% of girls reported getting less food then their brothers. Of the young adults (ages 18-24) interviewed, almost half of them reported having been physically or sexually abused as children.

 

Child abuse in India is often a hidden phenomenon especially when it happens in the home or by family members. Focus with regards to abuse has generally been in the more public domain such as child labour, prostitution, marriage, etc. Intra-family abuse or abuse that takes place in institutions such as schools or government homes has received minimal attention. This may be due to the structure of family in India and the role children have in this structure. Children in India are often highly dependent on their parents and elders; they continue to have submissive and obedient roles towards their parents even after they have moved out of their parental home. This belief that parents and family are the sole caretaker of the child has proved to have negative effects on child protection laws and strategies. Numbers of cases of child abuse in the home are hard to attain because most of these crimes go unreported. Societal abuses that are a result of poverty such as malnutrition, lack of education, poor health, neglect, etc are recognised in various forms by the Indian legal system. But India did not have a law that protects children against abuse in the home. Mal-treatment of care givers has the potential to emotionally and mentally harm children to a very different degree. Studies in intra-familial child abuse in the US have shown correlation to delinquency, crime, teenage pregnancy, and other psychosocial problems. 

The main areas of child abuse are shown below:

  • physical abuse
  • sexual abuse
  • emotional abuse
  • child labour/exploitation
  • neglect
  • abandonment

Survivors of childhood sexual abuse often face problems in their relationships, but it is important to know that help and support is available. Individual counselling can help to address issues of trust and anger that may resurface in later life.

Indian laws relating to Child Sexual Abuse:

In 2012, the Indian Parliament passed the Protection of Children from Sexual Offences Act (POCSO).  The highlights of the 'Protection of Children from Sexual Offences Act 2012':

  • The Act defines a child as any person below the age of 18 years and provides protection to all children under the age of 18 years from the offences of sexual assault, sexual harassment and pornography.
  • This is the first time that an Act has listed aspects of touch as well as non-touch behaviour (eg: photographing a child in an obscene manner) under the ambit of sexual offences.
  • The Act incorporates child friendly procedures for reporting, recording of evidence, investigation and trial of offences
  • The attempt to commit an offence under the Act has also been made liable for punishment for up to half the punishment prescribed for the commission of the offence.
  • The Act also provides for punishment for abetment of the offence, which is the same as for the commission of the offence. This would cover trafficking of children for sexual purposes.
  • For the more heinous offences of Penetrative Sexual Assault, Aggravated Penetrative Sexual Assault, Sexual Assault and Aggravated Sexual Assault, the burden of proof is shifted on the accused.
  • The media has been barred from disclosing the identity of the child without the permission of the Special Court.

Before the Bill was passed, cases of child sexual abuse were dealt under IPC.

What issues can counselling address?

  • Individual counselling may benefit the victim. This can help them detach themselves from the partner’s behaviour.
  • Counselling can help restore self-esteem and re-examine healthy ways of relating.
  • Issues in ending an abusive relationship.
  • Specialist agencies can offer support to perpetrators to examine their behaviour.  There are often problems with taking responsibility for abusive behaviour. Often the victim will assume blame and the abuser may adopt a “poor me” stance.

Characteristics of an abusive relationship

One of the main characteristics of an abusive relationship is control. When one person is doing something to control the behaviour of the other, it can become entrenched. This can be done by force or manipulation – both control the other’s behaviour. Often there is an abusive pattern for one or both partners from their backgrounds. Abusers may have been victims themselves.

Some relationships are pathologically abusive with a sadistic systematic undermining of one partner. Friends and relatives might look on in alarm as a pattern emerges. The more entrenched the behaviour, the less likely it can be reversed. But the resulting worthlessness felt by the abused may see them unable to break free, or so lacking in confidence they become totally dependent.

In most relationships one person may be dominant or more forceful. But when the needs of one partner cannot be considered, the relationship may become abusive. Abuse can surface slowly. It may be welcomed as jealousy or insecurity, leading the partner to feel needed and wanted – and dependent. Often these characteristics arise from an intense need for love and affection and initially seem to enforce the victim’s worth. Usually abuse progresses, leading to the isolation and vulnerability of one partner and total control by the other. Typically, the end result is one of destruction.

Recognising signs of abuse

Is your relationship abusive? Symptoms of an abusive relationship may include one or more of the following:

  • physical violence including suicide threats
  • isolation which begins by monopolising the partner’s attention
  • gradual ‘falling out’ with partner’s support network
  • jealousy - asking a partner to prove their loyalty
  • controlling behaviour – controlling a partner’s friends and activities
  • constant criticism and put-downs
  • one person’s needs dismissed or minimised
  • secrecy

Abusive relationships are usually progressive. The needs of one partner escalate and those of the other disappear along with their self-esteem. Uncontrollable anger, jealousy, the need for power and inability to respect other people’s boundaries are all common traits of abusers.

Abusers are usually needy, controlling and often act out deep-seated feelings of shame and inadequacy. Abusers often see themselves as the powerless victims of others’ behaviour. They may find it difficult to take responsibility for their actions. It can be a familiar pattern that both partners hook into. Cycles of abuse are often based on an intense need for love and affection. The cycle may also include fear of being abandoned, low self-esteem, isolation and drug or alcohol abuse.

What should I be looking for in a counsellor or psychotherapist?

Currently there are no official rules or regulations in place that stipulate what level of training an abuse counsellor needs. However, it is recommended that you check to see if your therapist is experienced in this area.

A Diploma level qualification (or equivalent) in abuse counselling or a related topic will provide assurance and peace of mind that your counsellor has developed the necessary skills.

Another way to assure they have undergone this type of specialist training is to check if they belong to a relevant professional organisation representing counsellors dealing with abuse.