民法科学杂志

抽象的

In Whose Best Interest? Child Sexuality and Child Sexual Abuse in India

Shewli Kumar

In the light of the two judgements by Bombay High Court on child sexual abuse this article explores how these stem from an instrumental and patriarchal approach towards the law. The article goes on to argue how the idea of childhood in India stems from a socio-cultural and political understanding of children being ‘frail’, ‘weak’ and ‘vulnerable’ and thereby the need to protect them from knowing about their bodies, sexuality and sexual behaviors. Yet sexual behaviors and expressions continue to be part and parcel of children’s lives. They gather such information from a variety of sources and it manifests in abusive and violent behaviors which they learn from the adult world around them. The failure of institutions like family, community, state and schools to create spaces for healthy discussions on sexual behaviors and sexual health stems from the hegemonic adultism prevalent in the society. Socio-cultural norms dictate rules of behavior which are used to control children’s agency and knowledge. These norms also govern the ways in which legal redress providers interpret a progressive law which is meant to be creating an enabling environment for children. The article concludes by reiterating the need for creating a conductive environment for discussions and information sharing with children on sexuality, sexual health and behavior in an age appropriate manner.