CHILD ABUSE

PREPARED BY:SAJJAL NOOR

POLITICAL SCIENCE
GROUP: V

SOCIOLOGY COURSE NO(402)

MISS ROMANA JABEEN

SEAT NO: H2070147

 INDEX

Definitions
Introduction
Types
Causes
preventions and eliminations
Graphs
Sociological perspective
Conclusion
References
 WHAT IS ABUSE

Abuse is the improper usage or treatment of a thing, often to unfairly or improperly gain benefit.
Abuse can come in many forms, such as: physical or verbal maltreatment, injury, assault, violation,
rape, unjust practices, crimes, or other types of aggression. To these descriptions, one can also add
the Kantian notion of the wrongness of using another human being as means to an end rather than as
ends in themselves. Some sources describe abuse as "socially constructed", which means there may
be more or less recognition of the suffering of a victim at different times and societies.

TYPES OF ABUSE

Abuse of authority

Abuse of authority includes harassment, interference, pressure, and inappropriate requests or favors

Abuse of corpse

Necrophilia involves possessing a physical attraction to dead bodies that may led to acting upon
sexual urges. As corpses are dead and cannot give consent, any manipulation, removal of parts,
mutilation, or sexual acts performed on a dead body is considered abuse

Abuse of discretion

An abuse of discretion is a failure to take into proper consideration, the facts and laws relating to a
particular matter; an arbitrary or unreasonable departure from precedent and settled judicial custom

Abuse of dominance

Market dominance by companies is regulated by public and private enforcement of competition law,
also known as antitrust or anti-monopoly law
Abuse of indulgences

In the Catholic Church, an indulgence is a way to reduce punishment for sin, often by prayer,
pilgrimage or good works. In the Middle Ages, some Church officials demanded money in
exchange both for forgiveness of sins and for other rewards such as future salvation.

Abuse of information

Abuse of information typically involves a breach of confidence or plagiarism, or extending the

confidence of information beyond those authorised.
In the financial world, Insider trading can also be considered a misuse of internal information that
gives an unfair advantage in investment.

Abuse of power

Abuse of power, in the form of "malfeasance in office" or "official misconduct", is the commission
of an unlawful act, done in an official capacity, which affects the performance of official duties.
Malfeasance in office is often grounds for a for cause removal of an elected official by statute or
recall election.

Abuse of process

A cause of action in tort arising from one party making a malicious and deliberate misuse or
perversion of regularly issued court process (civil or criminal) not justified by the underlying legal
action.

Abuse of rank

Rankism (also called abuse of rank) is treating people of a lower rank in an abusive, discriminatory,
or exploitative way.[7] Robert W. Fuller claims that rankism includes the abuse of the power
inherent in superior rank, with the view that rank-based abuse underlies many other phenomena
such as bullying, racism, sexism, and homophobia.
 Academic abuse

Academic abuse is a form of workplace bullying which takes place in institutions of higher
education, such as colleges and universities. Academia is highly competitive and has a well defined
hierarchy, with junior staff being particularly vulnerable.

Adult abuse

Adult abuse refers to the abuse of vulnerable adults.

Anti-social behavior

Anti-social behavior is often seen as public behavior that lacks judgement and consideration for
others and may damage them or their property. It may be intentional, as with vandalism or graffiti,
or the result of negligence. Persistent anti-social behavior may be a manifestation of an antisocial
personality disorder. The counterpart of anti-social behavior is pro-social behavior, namely any
behavior intended to help or benefit another person, group or society

Bullying

Bullying is repeated acts over time that involves a real or perceived imbalance of power with the
more powerful individual or group attacking those who are less powerful.[17] Bullying may consist
of three basic types of abuse – verbal, physical and emotional. It typically involves subtle methods
of coercion such as intimidation. Bullying can be defined in many different ways. Although the UK
currently has no legal definition of bullying,[18] some US states have laws against it. Bullying is
usually done to coerce others by fear or threat.
 Character assassination

Character assassination is an attempt to tarnish a person's reputation. It may involve exaggeration or

manipulation of facts to present an untrue picture of the targeted person. It is a form of defamation
and can be a form of an ad hominem (to the person) argument.

Child abuse

Child abuse is the physical or psychological/emotional mistreatment of children. In the United

States, the Centers for Disease Control and Prevention (CDC) define child maltreatment as any act
or series of acts of commission or omission by a parent or other caregiver that results in harm,
potential for harm, or threat of harm to a child.[19] Most child abuse occurs in a child's home, with
a smaller amount occurring in the organisations, schools or communities the child interacts with.
There are four major categories of child abuse: neglect, physical abuse, psychological/emotional
abuse, and sexual abuse.

Child sexual abuse

Child sexual abuse is a form of child abuse in which an adult or older adolescent abuses a child for
sexual stimulation. Different forms of this include: asking or pressuring a child to engage in sexual
activities (regardless of the outcome), some types of indecent exposure of genitalia to a child,
displaying pornography to a child, actual sexual contact against a child, viewing or engaging in
physical contact with the child's genitals for sexual purposes, or using a child to produce child
pornography
Child-on-child sexual abuse

Child-on-child sexual abuse refers to a form of child sexual abuse in which a prepubescent child is
sexually abused by one or more other children or adolescent youths, and in which no adult is
directly involved. This includes sexual activity between children that occurs without consent,
without equality, or as a result of coercion; particularly when physical force, threats, trickery, or
emotional manipulation are used to elicit co-operation.

CHILD ABUSE
INTRODUCTION

Child abuse generically is human originated acts of commission or omission and human
created or tolerated conditions to inhibit or preclude the development of inherent potentials of
children. Giovannoni (1971) defined abuse as acts of commission that result in harm, and neglect
as acts of omission that have negative effects. Abuse is an exploitation of the rights of the parents to
control, discipline and punish their children while neglect represents the failure to perform
parental duties including those of supervision, nurturance and protection. It is further divided into
four major categories i.e., physical abuse, physical neglect, emotional abuse and emotional
neglect. Sexual abuse is often subsumed under physical abuse, but it has its unique
characteristics that differentiate it from other kinds
of maltreatment.
Another definition of child abuse is any parental/caretaker act or failure to act resulting in death,
serious physical or emotional harm, sexual abuse or exploitation; or an act or failure to act which
presents an imminent risk of serious harm to the child’s physical or emotional health and
development (National Clearinghouse on Child abuse and Neglect Information, 2006).
The situation in Pakistan in not better than any other developing or developed
country but nonavailability of the statistics at government level regarding the prevailing situation
of child abuse makes it more crucial. According to a UNICEF report (2004) approximately 40% of
the total child population under the age of 5 years suffered malnutrition, 63% between 6 months to 3
years stunted growth, anemic
and underweight and infant mortality rate is 81%. Poor conditions extend to the education sector
too, 23 million children in Pakistan had never been to school and 21% were the victim of child
marriages. Only one third of all Pakistani children under the age of five are registered at birth.
Children without official identity are more vulnerable to abuse and exploitation (Asia
Child Rights, 2005). Another report indicated almost 1,549 cases of sexual abuse were
reported in the year 2003; representing a rate of four cases per day and 1, 184 girls were sexually
assaulted by the end of 2004 (SPARC, 200

It’s not been long that the case of Baby Zainab from Qasur, a city in Punjab made the headlines in
the media. Prior to this incidence cases of sexual abuse of over 200 children from the same city
created an uproar in the media and in the country. In the past few years there has been an upsurge in
the cases of child abuse reported in the media. The concerns over rising incidence of child abuse and
neglect has received global attention. A number of national and international organization have
shown serious concerns and are demanding strict measures to tackle the issues of child protection.
 DEFINITION OF CHILD ABUSE

There is no consensus on the definition of child abuse, neglect and violence. There exists a lot of
ambiguity in its definition; on several occasions the three terminologies are used
interchangeably. For some the term violence is limited to the use of physical force only while
others consider verbal and emotional abuse too, as form of violence. Opinion wavers as to
whether aggressive behaviors like bullying, mugging, mobbing or severely detrimental
deprivation can be considered synonymous with violence or abuse, or whether it represents
different shades of the same spectrum. However, the consensus definitions for are as follow

CHILD ABUSE

In 1999, the WHO consultation on child abuse prevention drafted the following definition of
child abuse: “Child abuse or maltreatment constitutes all forms of physical and or emotional ill
treatment, sexual abuse, neglect or negligent treatment, or commercial or other exploitation,
resulting in actual or potential harm to the child’s health, survival, development or dignity in
the context of a relationship or responsibilities, trust or power” . Maltreatment of children is a
term used for both acts of commission and omission. The former is the use of abusive words or
actions that results in actual or potential harm to the child. The latter i.e. acts of omission on
the other hand is a form of neglect , where the care taker/s of a child fails to provide for the
basic physical, emotional, or educational needs of the child .It also encompasses protection
from any physical harm . The abusive act can be performed by an individual e.g. a parent or at
institutions like in hostels or schools or during processes like during war or famine. All
damages the prospects of healthy development of a child into adulthood.
 CHILD NEGLECT

It is inattention or omission on the part of part of care givers to provide for the development of the
child in all spheres; health, education, nutrition, emotional development, shelter and safe
conditions in the context of resources available to the family and care takers. A simplified
definition is “child neglects occurs when a child’s basic needs are not actually met” [5]. In almost
80% neglect are caused by parents

TYPES OF CHILD ABUSE AND NEGLECT

Child abuse can take many forms:

PHYSICAL ABUSE

The World Health Organization (WHO) defines Child Physical Abuse as any act that causes
physical harm to the child. This may take the form of actual interaction or lack of interaction by a
person in charge of the child to protect him/her from actual or potential harm. The type of injuries
includes severe beating, shaking, burns, fractures, attempted suffocation or strangulation or
abusive use of drugs to a child or adolescent.

CHILD SEXUAL ABUSE (CSA)

CSA is the involvement of children in sexual activity which they cannot fully comprehend as they
are developmentally immature and unprepared for it. The consent of the child has no moral or
legal implications . In CSA the exposure of children to sexual act is inappropriate for child’s age
and psychosocial development. Sexual abuse can occur with or without physical contact
 WITHOUT PHYSICAL CONTACT:

includes passing of sexual comments or verbal sexual abuse, exhibitionism, masturbation,

pornography and voyeurism

WITH PHYSICAL CONTACT:

Includes kissing, hugging or touching in a sexual way, fondling, oral sex, anal or vaginal
penetration, molestation (attempted rape or sodomy). It may take the form of:

COMMERCIAL SEXUAL EXPLOITATION OF CHILDREN

It is the use of children for prostitution and /or pornography. There are strong possibilities
of the commercial exploitation of children who are used as child labor, in armed conflict, as
child soldiers or as suicide bombers
 VIOLENCE

Violence as defined by The Concise Oxford Dictionary is an unlawful exercise of physical force.
Whereas World Health Organization defines it as, the intentional use of physical force or power
against oneself, another person, or against a group or community. This has a high likelihood of
injury, death, psychological harm, maldevelopment and or deprivation. Another definition offered
by Olweus [8] describes violence as an aggressive behavior where the perpetrator uses an object
(his own body or a weapon) to inflict injury or discomfort to an individual.

TYPES OF VIOLENCE

There are four modes of violence, each with its own subtype. This includes physical, sexual and
emotional violence. Moreover, violence arises indirectly from deprivation. In addition to these, there
are three sub-types, which are classified as:

1. SELF-DIRECTED VIOLENCE:
It is the violence in which the victim and the perpetrator is the same individual; this includes self-
abuse or self-mutilation and suicide.

2. COLLECTIVE VIOLENCE:
: It is the violence committed by large groups of individuals, and can be subdivided into social,
political and economic violence.

3. INTERPERSONAL VIOLENCE:
Refers to violence between individuals, and is subdivided into. Family and intimate partner
violence: this includes child maltreatment, partner violence, and elder abuse, and community
violence: includes acquaintance and stranger violence and includes youth violence, assault by
strangers, violence related to property crimes, and violence in workplaces and other institutions.
 BULLYING

Opinion wavers as to whether aggressive behaviors like bullying, mugging, mobbing or severely
detrimental deprivation can be considered synonymous with violence or abuse, or whether it
represents different shades of the same spectrum.
The extent and characteristics of bullying vary in different environs and societies. For example
verbal abuse or bullying may be unacceptable in one society or country, but may be acceptable or
considered weakness of human nature or behavior in another. The response to bullying differs
even in domestic or professional environments, such as office or school. In the school
environment, bullying is recognizable when it includes hitting, kicking, pushing or shoving
around, or threatening the child, or spreading lies or false rumors about him or her; on occasion,
children may make unpleasant or mean sounds, and thereby try to make other students hurt him or
her [9]. Bullying also includes cyber and racial bullying in addition to more common type of
physical and sexual bullying

PREVALENCE OF CAN

Violence, Child Abuse and Neglect (CAN) are of global prevalence. Violence is not affected by
area, ethnicity, country, religion and gender; it occurs across all socio-economic classes and they
remain under-reported issues everywhere. Globally, 500 million to 1.5 million children suffered
violence every year, 73 to 150 million girls are subjected to abuse every year.
In the USA, there are more than 3 million reported cases of CAN. More than 2,000 deaths and 18,000
permanent disabilities happen every year because of CAN in the USA, where 1 in 4 girls, and 1 in 7
boys are sexually molested in childhood. The number of children less than five years of age dying due
to CAN is far more than children dying from accidents. Common types of CAN include Physical
Neglect (64.1%), Physical Abuse (16%), Sexual Abuse (8.8%) and Emotional Neglect (6.6%). Nearly
80% abusers were parents . The situation is equally gloomy in our neighboring countries. In New
Delhi, the rate of child abuse is over 83%. More than 72% were boys and 65% were girls. About 89%
of the crimes were perpetrated by family members . In India, a neighboring country with similar socio
cultural background reported that two thirds children are beaten at home or school every year, 52%
admitted some form of sexual abuse . Sri Lanka, at one time had more than 40,000 children involved in
prostitution. Most children were used by western pedophile sex tourists. In year 2006 alone, 549,000
foreign tourists visited Sri Lanka; the projected figures for 2010 were more than one million. The
authorities were concerned that with such an exponential increase in number of foreign tourist, and the
pedophilic sex industry will flourish more . In Pakistan, no official data exists on various types of
CAN. According to unofficial report, 15-25% children are sexually abused in Pakistan . In Karachi
88.7% of school children reported physical abuse; 17% of 300 school children in Rawalpindi/
Islamabad were sexually abused (1 in 5 boys and 1 in 7 girls), 72% of the victims/survivors who were
abused were below the age of 13 years. In 80% of cases, the abuser is a close acquaintance , 20,000-
40,000 children are engaged in prostitution in Pakistan. Commercial sexual exploitation of children
(CSEC) is more common than any other form of exploitation in Pakistan . Sahil an NGO, monitored
91 National and local newspapers in which a total of 3445 cases of child abuse were reported in the
year 2017 . Among the cases reported, there were more than 1000 cases of rape and sodomy. They also
reported a 9% increase in reported cases of murder after the sexual abuse. Of these only 72% cases
were registered in police and in the remaining cases the police refuse to register the cases. This should
be the matter of concern for all of us. On the one hand parents have little faith on the Law Enforcing
Agencies (LEA) in Pakistan on the other hand those who muster courage to approach LEA and desire
to lodge an First Information report (FIR) are discouraged by the police or were entangled in the
rigmarole of launching the FIR. Thus precious time is lost. Without FIR, the police surgeon refuses to
examine the unfortunate victim of abuse. In case of children not only the chemical evidence (semen
analysis e.g.) is lost, the physical healing is also very rapid and the signs of physical violence if any
begin to disappear very rapidly thus making it impossible for the examining doctor to reach the correct
diagnosis
 CONCLUSION
Pakistan still lacks a legal definition of child abuse, neglect or violence (CAN & violence). In most of
the instances a definition put forward by the World Health Organization is being followed. There exist
no official source of data on CAN& violence. Mandatory reporting does not exist [25]. Although, a
number of action plan, bill and act are in their various stages of approval and implementation, still
Pakistan has far to go in child protection. Being signatory to CRC the prime responsibility lies with the
state, but the parents and society need to show their commitments and responsibility too. "There is no
trust more sacred than the one the world holds with children. There is no duty more important than
ensuring that their rights are respected, that their welfare is protected, that their lives are free from fear
and want and that they can grow up in peace."

CHILD PROTECTION

Child protection is a concept that aims to safeguard children from Economic exploitation, physical and
sexual abuse, and effects of war, neglect, abandonment, maltreatment and Discrimination. It also
includes provision of proper care and /or rehabilitation for vulnerable children. Child Protection is
about “protecting every right of every child”. Pakistan is both nationally and internationally committed
to fully protect the rights of its children. It has ratified the United Nations Convention on the Rights of
the Child in 1990 which is the most comprehensive document enshrining all fundamental rights of
children. The Constitution of Pakistan lays out a range of rights in regard to children. The first goal of
National Vision 2025 is “Putting People First, Development of Human and Social Capital”. This can
be best achieved by ensuring empowerment and human resource development processes starting at
birth and carried through childhood and adolescence. The State bears the primary responsibility to
create a preventive and protective environment for children through legislation, policymaking and
institutional reform. It is now over a quarter of century that Pakistan signed the CRC . According to
CRC the state has to develop a child protection system to ensure optimum child development and
protection. Conventions required legislation to make the CRC law of the land. Till date, Pakistan has
no comprehensive children acts or enabling law with regard to the CRC, as a result the Convention
cannot be directly applied in the courts. Relevant legislation on child protection like, Child Protection
(Criminal Laws Amendment) Bill, 2009The Child Marriages Restraint (Amendment) Bill, 2009,
Juvenile Justice System Ordinance, 2000 etc. are in its various stages of implementation. Sindh
however, has made some progress and a number of legislation have been approved which include
Sindh Child Protection Authority Act, 2011, Child marriage act, child corporal punishment act etc. It is
thus imperative that due attention is paid to the legislation related to child protection and its
enforcement. Since, the child Abuse is multi factorial in nature, a multi-dimensional approach is
needed for its eradication , identifications of high risk situations and families, development of outreach
programs, identification and empowerment of affected families , setting up of help line and home
visiting programs , improving the competencies of service providers and inclusion in education
program and curriculum are some measures needed in addition to strict enforcement of legislation and
strengthening of law enforcing agencies against the perpetrators of criminal offence against children.
 CAUSES OF CHILD ABUSE

There are many things that can cause child abuse. The reasons are often complex, and there’s no single
or simple explanation.
Most parents want to love and care for their child in a safe home. Stress, tiredness or lack of parenting
skills or family support make the pressures of caring for a child overwhelming, and can cause abuse.
Causes of child abuse can include:

isolation and lack of support — no family members, friends, partners or community support to
help with the demands of parenting
stress — financial pressures, job worries, medical problems or caring for a family member with a
disability
unrealistic expectations — a lack of understanding about a child’s developmental stages and
behaviour
intellectual disability or mental illness — parents may be unable to adequately care for their child
lack of parenting skills — parents may not know how to care for their child or may believe it is
acceptable to use excessive physical force to discipline or punish a child
drug, alcohol or gambling problems — addiction or substance abuse may affect a parent’s ability
to meet their child’s needs
low self-confidence — parents may doubt their ability to meet their child’s needs and find it hard
asking for help
past childhood experiences — parents may have experienced abuse as a child in their own
families, which could have caused them to develop an insecure attachment style
mental health problems.
 CHILD ABUSE ELIMINATION IN PAKISTAN LAW GENERAL

Most of the child protection laws are out-of-date in Pakistan. The Pakistan Penal Code 1860 does not
contain punishments for child sexual abuse offences,also does not differentiate offences that relates to
children and adults. These facts need comprehensive laws dealing with child sexual abuse offences.

INTRODUCTION

Sexual abuse of any form has never been tolerated by any religion. Islam forbids homosexual acts and
declares these acts as punishable. The Holy Quran teaches that the most sinful act is the act of
homosexuality, this is the Message of God conveyed to human beings through the Holy Quran . The
people of Lot were destroyed and severely punished by God for committing homosexual acts. There is
very strict punishment for illegal sexual intercourse in Islam.
Christianity forbids sexual abuse in the same way and every child is a unique individual created by
God. According to Bible , God is concerned for children and anybody who causes sexual abuse to a
child will be punished heavily.
Sexual contact of any kind between a grown up and a minor including fondling and kissing is strictly
forbidden in Jewish law . Jewish law is very strict on this subject, forbids intentional illicit thoughts
and those activities which may result in sexual stimulation. Jewish law forbids intentional self-
stimulation and illicit sexual thoughts. It even forbids a number of gentle activities that may bring
about sexual stimulation.
Children are the supreme national asset and the future of a nation depends upon its children. No one
can ignore child’s importance in a society because the growth and development of a nation depends
upon the well-being of its children.
The term child abuse may include physical abuse, sexual abuse, emotional abuse and neglect. Child
sexual abuse is improper sexual behavior with a child. It includes touching or fondling the genitals of a
child or inducing a child to fondle an adult genitals, child molestation (with or without
penetration),sodomy, rape and pornography.
Child sexual abuse is a major problem in almost all societies and child molestation is increasing day by
day. Child sexual abuse exists in Pakistan and the incidence is higher than generally perceived.
The purpose of the study is to substantiate that child sexual abuse exists in Pakistan and the laws
available in Pakistan are not enough to combat child sexual abuse. This study comparatively analysis
the developments made in the child sexual abuse laws in USA, UK, India and Pakistan. This research
study uses the primary sources such as pieces of legislation and the relevant constitutional provisions
as well as the case-law of various countries including Pakistan. The secondary sources include
literature on customary law such as books and world-wide web.
The purpose of this research study is to present the information base that will help government to
formulate the necessary legislation, to develop improvements in the criminal justice system of Pakistan
to deal with this problem
The overarching responsibility is that of the state and it is the state that has to create a protective
environment and presents a safety net for children who fall into vulnerable and exploitative situations.
 CHILD SEXUAL ABUSE IN PAKISTAN

Child sexual abuse exists in Pakistan. It has become a very serious problem in our society. A minor
girl or boy abused or raped every second day in Pakistan. There is no official agency which prepares a
data of this crime. Child molestation would certainly be a child abuse but all acts of child abuse would
not necessarily be child molestation. Sexual molestation of a child is of various types. It could be
fondling of the genital organs of the child, or it could be showing him nude photographs to arouse his
sexual emotions or it could be in form of physical nudity with the object of sexually provoking or
using a child. The child sexual abuse acts or the child sexual molestation have not been categorically
defined as offences in the Pakistan Penal Code or in any other law of the Sate.
Child sexual abuse becomes a common and serious problem in Pakistan, the most recognized forms
are molestation, sodomy, rape, sexual abuse without penetration and abduction for sexual abuse which
sometimes resulted in murder of the child.
Commercial sexual exploitation of children is another serious problem in Pakistan. Boys targeted more
than girls. Both boys and girls used in the prostitution business. Boys are available for prostitution at
bus stops and hotels. However, girls supplied in private homes and hotels. Prostitution is illegal in
Pakistan, but existed under the cover of dancing business. In prostitution business, virginity of a girl at
an early age has sold on a very high price in Pakistan, called "Nath Utrai" or "first night."
Sexual abuse is improper sexual behavior with a child. It includes touching or fondling the genitals of
a child or inducing a child to fondle an adult genitals, child molestation (with or without
penetration),sodomy, rape and pornography.
There are no specific laws about child sexual abuse in Pakistan like The Child Abuse Prevention and
Treatment Act in USA, The Sexual Offences Act, 2003 in UK and The Protection of Children from
Sexual Offences Act, 2012 in India. Most of the existing laws have not been specifically made
offences relating to child sexual abuse or sexual molestation in our criminal law.
Equal protection of law envisaged in Article 25 of the Constitution of Pakistan 1973 means that no
person or class of persons would be denied same protection of law enjoyed by persons or other class of
persons in like circumstances in respect of their live, liberty, property or pursuit of happiness. Persons
similarly situated or in similar circumstances treated in same manner.
The concept embodied in Article 25 of the Constitution of Pakistan 1973 is similar to Article 7 of the
Universal Declaration of Human Rights . No discrimination allowed in case of children. Further,
Article 37(e) [27] of the Constitution of Pakistan, 1973 stipulates that the state shall make provisions
for ensuring equitable and humanitarian conditions of work for children and women ensuring that they
are not employed in vocations which are not suited to their age or sex.
Section 82 of the Pakistan Penal Code, 1860 provides that a child under the age of seven years is not
guilty of a crime. Section 375 PPC provides the definition for rape and section 376 PPC provides
punishment for rape. Section 377 PPC deals with unnatural offences, e.g., sodomy. Section 3 of The
Police Order 2002 provides that it is the duty of police officials to aid individuals who are in danger of
physical harm particularly women and children.
State versus Abdul Malik is a landmark judgment which establishes the basis for development of laws
relating to child sexual abuse in Pakistan. The High Court holds that the rape of a minor would
ordinarily result in feeling of fear and insecurity in society, therefore, the offence would be covered by
Anti-Terrorism Act, 1997. Secondly no law in Pakistan has defined child molestation. Most of the
foregoing acts have not been specifically made child molestation an offence in our criminal law. The
rape of a child is a serious form of child molestation and the punishment for zina-bil-jabr provided in
Section 7 (Offence of Zina)Enforcement of Hudood Ordinance, 1979 [34] . The act of child
molestation being a heinous offence tried by a special Court constituted to try terrorist offences. The
Court further holds that penal laws should amend to make the child sexual abuse offences punishable.
The High Court Further Holds that section 6 clause (c) Anti-Terrorism Act, 1997, appears to have
drafted in haste and child molestation in its various meanings have not been defined nor any
punishment prescribed for other types of child molestation. The High Court directs the Government to
examine desirability of some affirmative action in the light of this judgment.
In another case titled as Akhter Ali Versus The State, it was held that the rape of a minor child is a serious
offence and a feature of horror.

EFFECTS OF CHILD SEXUAL ABUSE

The sexual abuse of children affects us all. It is very serious problem in our society. Sexual abuse of a
child not only physically hurts the child but also demolished them mentally. Child sexual abuse
destroy the child’s innocence. They will never trust another adult due to the mishap they suffered in
their life. Children cannot be used for sexual intercourse as they are not physically or mentally grown
up. Sexual intercourse between a grown up man and five years old child can not possible. This
unrealistic behavior shows the mental sickness of the offender who sexually abused a child to satisfy
his lust. This is the behavior of a monster and not a civilized person.
The sexual abuse of a child has very bad effects on the victim, it mentally destroyed a child and the
child become sexually aggressive. The child lost trust on his family and relatives in case of familial
sexual abuse. The child victim psychological suffers more serious and dangerous consequences as
compare to physical effects. They will affect by anxiety, aggressiveness, guilty feeling and depression.
The sexual abuse of a child involves serious impacts on victim’s body, honor, privacy, safety and right
to independence. The victim’s life totally ruined and he becomes unable to live a normal life. The child
always feel used and dirty and thus mentally disturbed in his whole life.
 PREVENTION AND ELIMINATION OF
CHID SEXUAL ABUSE IN PAKISTAN

In the year 2010, a total number of 2595 cases reported of child sexual abuse in Pakistan [36] .
Unfortunately, there is no official agency in Pakistan for maintaining the data of child sexual abuse
cases. The newspapers only highlighted the brutal nature of child sexual abuse cases such as rape or
sodomy resulted in murder of child.
Preventive measures against child sexual abuse must improve an increased in number. The most
important is the development in the criminal justice system regarding the child sexual abuse offences.
The state cannot punish citizens without specific laws warning them that particular conduct will be
dealt with by way of punishment in a particular manner. The criminal law is the strongest arm of all
the normative systems of the society by which it punishes, controls, curbs and prevents crime in the
society. The evil has lived with the mankind from its beginning and the society has to make continuous
efforts to keep it at bay and the criminal law keeps undergoing change to meet the new challenges. The
basic purpose of the criminal justice is to save the society from evil, to free it of crime. The criminal
law will interpret, apply and enforced in a manner to achieve these objectives.
We need a comprehensive criminal justice system to eliminate child sexual abuse from our society,
and this object should only be achieved by awarding punishment to deter people from committing this
crime. Child molestation should include as an offence in the Anti-Terrorism Act, 1997.
Judges are particularly accountable to their conscience and more than this to Almighty Allah. A crime
free society can only be set up if every citizen irrespective of his colour, creed, religion and status is to
provide justice and in this respect court can play a vital major role.
Campaigns will launch to aware society about the child sexual abuse and exploitation.Media and
NGO’s should play their effective role in these campaigns.

RECOMMENDATIONS FOR ADDRESSING

ISSUES OF CHILD SEXUAL

Based on the findings of the study, the following recommendations for addressing the issue of child
sexual abuse are proposed.
 RECOMMENDATIONS DURING THE TRIAL

Child friendly procedure should introduce for recording the statement of a child in the court room. The
child can require the help of a translator or an expert. In case of disability, the child can take the
assistance of a special educator for communication. No aggressive questions will allow to put to the
child during his cross examination. Alternative moods of recording evidence will introduce by
amending the relevant laws such as video trial, the use of screen, pre-recorded interviews of the victim
child. Child evidence will record within 30 days. Trials should conduct in-camera. The maximum
period of one year should fix for conclusion of a trial.

RECOMMENDATIONS RELATING TO POLICY

The Juvenile Justice System Ordinance, 2000 needs to implement at every level in Pakistan.
The standard operating procedures should use effectively. The sexually abused children should
rehabilitate by counseling at the police station and in their houses. Training workshop should conduct
to train the judiciary, prosecution, defence lawyers and the law enforcement agencies. Child sexual
abuse should include in the law slaybus.

RECOMMENDATIONS RELATING TO LAW

ENFORCEMENT AGENCIES

An Anti-Child Sexual Offences Unit should establish in every police sub–division. A monitoring cell
should establish at the District Police Office for monitoring and collecting data. Forensic Laboratory
should fully equipped with latest equipment. The investigation officer should not below the rank of a
sub-inspector, who will be responsible for recording the statement of the child victim and registration
of the First Information Report (FIR). The investigation officers should supportive and co-operative to
the child and the family. The police shall make arrangements for the medical examination and
transportation to the hospital of the child victim. The police officer should make proper arrangements
for the child’s visit to the court room. Make use of proper investigative techniques. A psychologist
should be arranged for the child victim. This role should be assumed by the public prosecutor.
 SOCIAL PERSPECTIVE

ACCORDING TO ONE RESEARCHER, CHILD ABUSE IS PROBABLY THE CAUSE OF THE

GREATEST NUMBER OF DEATHS OF CHILDREN IN THE UNITED STATES. IT IS
ESTIMATED THAT THE INCIDENCE OF CHILD ABUSE RANGES FROM 250 TO 300
REPORTED CASES PER MILLION POPULATION PER YEAR. ESTIMATES RANGE FROM
200,000 CHILDREN WHO REQUIRE PROTECTIVE INTERVENTION TO 4 MILLION
CHILDREN WHO ARE AT RISK OF MALTREATMENT BY THEIR PARENTS OR OTHER
ADULTS. PRESCHOOLERS, ESPECIALLY YOUNG TODDLERS AND INFANTS, ARE THE
MOST USUAL VICTIMS OF CHILD ABUSE, AND BOYS SUFFER MORE PHYSICAL ABUSE
THAN GIRLS. CHILD ABUSE HAS A NUMBER OF FORMS, THE MOST EASILY DETECTED
OF WHICH IS ACTUAL PHYSICAL ABUSE AND INJURY. OTHER FORMS INCLUDE
PHYSICAL NEGLECT OF SUCH THINGS AS NUTRITIONAL NEEDS AND PERSONAL
HYGIENE, SEXUAL ABUSE, VERBAL ABUSE, AND EMOTIONAL ABUSE. IT HAS BEEN
ESTABLISHED THAT CHILD ABUSE IS A SELF-PERPETUATING PHENOMENON, I.E.,
ABUSED CHILDREN USUALLY GROW UP TO BECOME ABUSIVE PARENTS THEMSELVES.
THE UNDERLYING PURPOSE OF THE PROPOSED MODEL, KNOWN AS THE PARENTS
AND CHILDREN TOGETHER (PACT) PROJECT, IS TO PROVIDE A MEANS BY WHICH
BOTH ABUSED CHILDREN AND ABUSIVE PARENTS CAN REMAIN IN THE FAMILY UNIT
AND WORK THROUGH THEIR PROBLEMS TOGETHER. MAJOR OBJECTIVES OF THE
MODEL APPROACH ARE TO PROVIDE A SOURCE OF EMERGENCY RELIEF FROM
POTENTIALLY ABUSIVE PARENTS, TO EXTEND TO POTENTIAL ABUSERS AN
APPROPRIATE FORM OF THERAPEUTIC RELIEF, TO FURNISH A NEUTRAL FACILITY TO
ABUSED CHILDREN AND THEIR ABUSIVE PARENTS, AND TO ENGAGE IN PUBLIC
SERVICE ACTIVITIES CONCERNED WITH EDUCATION AND INCREASED COMMUNITY
AWARENESS OF THE CHILD ABUSE PROBLEM.
 CONCLUSION

Security of persons is an essential function of state and this purpose can only be achieved through the
medium of criminal law. Protection of society is the aim of law which must accomplish by imposing
proper sentence. Law should adopt the remedial machinery in operating the sentencing system. It will
be a denial of justice, when an accused allowed to evade the major penalty while facing such cruel
acts. The court is responsible to award a proper sentence considering the nature of the offence and the
way in which the offence committed. The social effect of the crime, when it relates to offences against
children requires exemplary punishment. Child molestation affects the child’s dignity. The physical
scar may heal up, but the scar on her soul will always remain. The victim lost her valuable and
priceless dignity.
This study on child sexual abuse expects to place the subject of child sexual abuse on the national
agenda. Need to discuss the issue of child sexual abuse in different forum. The central government,
provincial governments, civil society, families and children themselves need to understand the rights
perspective and together create the enabling environment wherein a child is protected from abuse and
exploitation. The momentum needs to be sustained and should be carried forward in the form of a
movement that will take all stakeholders along the road to sustainable development and create a
protective environment for the children of Pakistan.
In a democracy, the State includes in three constitutional organs the Legislature, the Executive and the
Judiciary, which must play their effective and active role to combat child sexual abuse.It is the
fundamental duty of a state to protect children from sexual exploitation. Parliament should legislate
laws and these laws effective only with the strict enforcement by the executive authorities. It is,
therefore, essential to develop model legislation covering all elements of child sexual abuse.
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