Skip to main content

Criminalization of Child Abuse and Violence against Children in South Asia: Law and Legal Advances in India, Pakistan, and Bangladesh

  • Chapter
  • First Online:
Crime, Criminal Justice, and the Evolving Science of Criminology in South Asia

Abstract

This chapter is an overview of the law and legal developments related to the criminalization of child abuse and violence against children in India, Pakistan, and Bangladesh. Some of these laws include India’s Prevention of Children from Sexual Offenses Act of 2012 and the Juvenile Justice (Care and Protection of Children) Act of 2014; Pakistan’s Prohibition of Corporal Punishment Bill of 2013 and the Criminal Law (Amendment) Bill of 2014 (both bills were not passed by the Senate); and Bangladesh’s Prevention of Oppression Against Women and Children Act of 2000 (amended in 2003), the Acid Control Act of 2002, the Domestic Violence (Protection and Prevention) Act of 2010, and the Children Act of 2013. The study finds that among the three countries of South Asia, considerable advancements in the criminalization of child abuse and violence against children have been made in India and Bangladesh. As of 2016, Pakistan has not passed any national legislation criminalizing child sexual abuse and violence against children. These countries, however, have a long way to go to meet their commitments to the United Nations Convention on the Rights of the Child (CRC) for ending child abuse and violence against children from all settings and sectors of life. In all these three countries of South Asia, corporal punishment is still legal in homes and families and this legality is defined by the old India Penal Code of 1860 and sanctified by the ideas of children as “properties” ingrained in local creeds, customs, and cultures.

This is a preview of subscription content, log in via an institution to check access.

Access this chapter

Institutional subscriptions

References

  • Adhikar. (2012). The Battle Continues: Aspects of Violence Against Women in Bangladesh. Dhaka, Bangladesh: Adhikar.

    Google Scholar 

  • Aries, P. (1962). Centuries of Childhood: A Social History of Family Life (Robert Baldick, Trans.). New York, NY: Vintage.

    Google Scholar 

  • Association for Community Development (ACD). (2008). Assessment of Vulnerability of Boys: A Situational Analysis on Prostitution of Boys. Rajshahi: ACD, Bangladesh.

    Google Scholar 

  • Bangladesh Shishu Adhikar Forum. (2012). State of Child Rights in Bangladesh 2012. Dhaka, Bangladesh: BSAF.

    Google Scholar 

  • Bano, M. (2011). Trends in Reported Cases of Child Sexual Abuse: Five Years Analysis 2007–2011. Lahore, Pakistan: SAHIL.

    Google Scholar 

  • Centers for Disease Control and Prevention. (2015). Prevalence of Sexual Violence against Children and Use of Social Services-Seven Countries, 2007–2013. Atlanta, GA: CDC.

    Google Scholar 

  • Childreach International and Phulk. (2014). NGO Report to the Committee on the Rights of the Child on the 5th Report of Bangladesh. London: Childreach International and Phulki.

    Google Scholar 

  • Clarke, J. M. (2003). Case Studies of Non-Commercial Sexual Abuse of Children in Bangladesh. Dhaka, Bangladesh: Breaking the Silence.

    Google Scholar 

  • End Child Prostitution, Child Pornography and Trafficking (ECPAT) and INCIDIN. (2006). The Boys and the Bullies: A Situational Analysis Report on Prostitution of Boys in Bangladesh. Dhaka, Bangladesh: ECPAT and INCIDIN.

    Google Scholar 

  • End of Child Prostitution, Child Pornography, and Trafficking of Children for Sexual Purposes (ECPAT) International. (2005). Violence against Children in Cyber Space. Bangkok, Thailand: ECPAT.

    Google Scholar 

  • End of Child Prostitution, Child Pornography, and Trafficking of Children for Sexual Purposes (ECPAT) International. (2016). Stop Sex Trafficking of Children and Young People. Retrieved from www.ecpat.net/sites/default/files/Factsheet_Pakistan.pdf.

  • End to Cyber Bullying Organization. (2012). Children of India are Worst Victims of Cyber Bullying. Retrieved from www.endcyberbullying.org.

  • Global Initiative to End All Corporal Punishment of Children. (2015a). Global Progress Towards Prohibiting Corporal Punishment (Country Report on India). London: Global Initiative to End All Corporal Punishment of Children.

    Google Scholar 

  • Global Initiative to End All Corporal Punishment of Children. (2015b). Global Progress Towards Prohibiting Corporal Punishment (Country Report on Bangladesh). London: Global Initiative to End All Corporal Punishment of Children.

    Google Scholar 

  • Global Initiative to End Corporal Punishment of Children. (2015c). Briefing on Bangladesh for the Committee on the Rights of the Child. http://info@endcorporalpunishment.org.

    Google Scholar 

  • Global Initiative to End All Corporal Punishment of Children (2016). Global Progress Towards Prohibiting Corporal Punishment (Country Report on Pakistan). London: Global Initiative to End All Corporal Punishment of Children.

    Google Scholar 

  • Global Partnership to End Violence Against Children. (2016). Agenda 2030: Ending Violence Against Children. Retrieved from www.end-violence.org.

  • Hindustan Times. (2010, October 10). Corporal Punishment Widespread in India. New Delhi, India: Hindustan Times.

    Google Scholar 

  • Human Rights Watch. (2013). India: Child Sex Abuse Shielded by Silence and Neglect. New York, NY: Human Rights Watch.

    Google Scholar 

  • International Labor Organization. (2009). Commercial Sexual Exploitation of Children (CSEC): Pilot Survey 2008. Dhaka, Bangladesh: Bangladesh Bureau of Statistics.

    Google Scholar 

  • Internet Society. (2015). Global Internet Report 2015: Mobile Evolution and the Development of the Internet. Reston, Virginia: Internet Society.

    Google Scholar 

  • IRIN (Integrated Regional Information Network). (2001). IRIN Special Report on Child Sexual Abuse. Rawalpindi, Pakistan: IRIN.

    Google Scholar 

  • Livingston, S., & Haddon, L. (2009). EU Kid Online: Final Report. London, UK: EU Kids Online Network.

    Book  Google Scholar 

  • National Commission for the Protection of Child Rights. (2008). Protection of Children against Corporal Punishment in Schools and Institutions. Delhi, India: National Commission for the Protection of Child Rights.

    Google Scholar 

  • Office of the High Commissioner for Human Rights, United Nations Children Fund, and the World Health Organization. (2006). World Report on Violence against Children. Geneva, Switzerland: The United Nations Publishing Services.

    Google Scholar 

  • Saharia, S. (2015, April 28). Children Trafficking in India: It was only after few years, I realized that I was sold. The Guardian. Retrieved from www.theguardian.com.

  • Shujaat, Q. (2015). The State of Children in Pakistan. Islamabad, Pakistan: National Commissioner for Children, United Nations Children Fund.

    Google Scholar 

  • Society for the Protection of the Rights of the Child (SPARC). (2014). The State of Pakistan’s Children 2013. Islamabad, Pakistan.

    Google Scholar 

  • South Asia Initiative to End Violence against Children. (2011). Prohibition of Corporal Punishment of Children in South Asia: A Progress Review. Kathmandu, Nepal: SAIVAC.

    Google Scholar 

  • The Government of India. (2007). Study on Child Abuse India 2007. New Delhi: Ministry of Women and Child Development.

    Google Scholar 

  • The United States Department of State. (2014). Trafficking in Persons Report, 2014. Washington, DC: Department of State.

    Google Scholar 

  • Ulanowicz, A. (2016). Philip Aries. Retrieved from http://www.representingchildhood.pitt.edu/pdf.

  • United Nations Children Fund. (2001). Corporal Punishment in Schools in South Asia. Kathmandu, Nepal: UNICEF Regional Office for South Asia.

    Google Scholar 

  • United Nations Children Fund. (2007). Eliminating Violence against Children: Handbook for Parliamentarians. Geneva, Switzerland: Inter-Parliamentary Union.

    Google Scholar 

  • United Nations Children Fund. (2014). Hidden in Plain Sight: A Statistical Analysis of Violence Against Children. Geneva, Switzerland: UNICEF.

    Google Scholar 

  • United Nations Children Fund and the Government of the Netherlands. (2009). A Study on Violence against Girl: Report on the International Girl Child Conference. The Hague, The Netherlands: UNICEF Innocenti Research Center and the Government of Netherlands.

    Google Scholar 

  • United Nations Children Fund and the Ministry of Women and Children Affairs, Government of Bangladesh. (2009). Opinions of Children of Bangladesh on Corporal Punishment: Children’s Opinion Poll 2008. Dhaka, Bangladesh: The Ministry of Women and Children Affairs.

    Google Scholar 

  • United Nations Children Fund, Bangladesh. (2011). Sexual Abuse and Commercial Exploitation of Children. Dhaka, Bangladesh: UNICEF.

    Google Scholar 

  • United Nations Children Fund Innocenti Research Center. (2008). South Asia in Action: Preventing and Responding to Child Trafficking. Florence, Italy: UNICEF Innocenti Research Center.

    Google Scholar 

  • United Nations Children Fund Innocenti Research Center (2010). Sexual Abuse and Exploitation of Boys in South Asia. Florence, Italy: UNICEF Innocenti Research Center.

    Google Scholar 

  • United Nations Office on Drugs and Crime. (2009). Global Report on Trafficking in Persons. Vienna, Austria: UNODC.

    Google Scholar 

  • United Nations Office on Drugs and Crime. (2012). Global Report on Trafficking in Persons. Vienna, Austria: UNODC.

    Google Scholar 

  • United Nations Office on Drugs and Crime. (2014). United Nations Model Strategies and Practical Measures on the Elimination of Violence against Children in the Field of Crime Prevention and Criminal Justice. New York: The United Nation.

    Google Scholar 

  • United Nations Organization. (2014). ICTs, the Internet, and Violence against Children. New York, NY: Office of the Secretary-General on Violence against Children.

    Google Scholar 

  • United Nations-Women. (2016). Virtual Knowledge Center to End Violence against Women. New York, NY: United Nations.

    Google Scholar 

Download references

Author information

Authors and Affiliations

Authors

Corresponding author

Correspondence to Shahid M. Shahidullah .

Editor information

Editors and Affiliations

Copyright information

© 2017 The Author(s)

About this chapter

Cite this chapter

Shahidullah, S.M. (2017). Criminalization of Child Abuse and Violence against Children in South Asia: Law and Legal Advances in India, Pakistan, and Bangladesh. In: Shahidullah, S.M. (eds) Crime, Criminal Justice, and the Evolving Science of Criminology in South Asia. Palgrave Advances in Criminology and Criminal Justice in Asia. Palgrave Macmillan, London. https://doi.org/10.1057/978-1-137-50750-1_5

Download citation

  • DOI: https://doi.org/10.1057/978-1-137-50750-1_5

  • Published:

  • Publisher Name: Palgrave Macmillan, London

  • Print ISBN: 978-1-137-50749-5

  • Online ISBN: 978-1-137-50750-1

  • eBook Packages: Law and CriminologyLaw and Criminology (R0)

Publish with us

Policies and ethics